This website or application (individually and collectively, the "Property") is operated by: (1) Paramount Pictures Corporation on its own behalf or in combination with Paramount Home Entertainment, Inc., Paramount Vantage, a division of Paramount Pictures Corporation, or Insurge Pictures, a division of Paramount Pictures Corporation; (2) Paramount Home Entertainment, Inc.; (3) Paramount Vantage; or (4) Insurge Pictures (collectively, "Company" or "we", "us", or "our"), which are all part of the entertainment operations of Viacom Inc. (the "Parent Company"). This Privacy Policy applies to all of the websites and applications operated by Company (unless a different policy is provided on a particular site or application, in which case such different policy shall control) and does not cover any information collected by any other website or application offered by the Parent Company and/or any subsidiaries and affiliates of the Parent Company (collectively, "Affiliates") or collected by any other company, unless specifically stated. We may from time to time, combine information (including without limitation personally identifiable information) with other information we collect from other sources, such as information received from our Parent Company, Affiliates, marketing companies or advertisers and, if we do so, our use of the resulting combined information will be subject to this Privacy Policy. This Privacy Policy explains what information Company collects on this Property, how we use your information and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of this Property indicates that you have read, understood, and unconditionally accepted our privacy practices, as outlined in this Privacy Policy. In addition, please review our Terms of Use that governs your use of this Property. From time to time, Company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this this Privacy Policy, in whole or in part, at any time. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Property by revising the link on the homepage to read substantially as "Updated Privacy Policy" for a reasonable amount of time. If you provide information to us or access or use the Property in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented to such changes. The most current version of this Privacy Policy will be available on the Property and will supersede all previous versions of this Privacy Policy.
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2013 will receive information about 2012 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to californiaprivacy@paramount.com. You must include this Property as the subject line, and your full name, e-mail address, and postal address in your message. Please see the "Your Choices" section of this Privacy Policy for additional information.
Personally identifiable information ("PII") is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number, or e-mail address). We may ask you to provide us with certain PII, when you register with us, or at other times, such as if you choose to sign-up for an e-mail newsletter, participate in a game, contest, sweepstakes, or other promotional event, or enter into a transaction for goods or services. We may also ask you to provide us with demographic information, information regarding your interests, or similar information. Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in many of the Property's features.
In addition, you may have the opportunity to provide us with the PII, such as name or e-mail address, of a friend (or for a friend to provide such information about you), such as if you chose to e-mail a friend an article, electronic greeting card, trailer or other special feature from the Property. The e-mail addresses you supply us for those activities will not be retained for other purposes unless otherwise disclosed at the time you provide such information. We encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn't seem like we are "spamming" them.
If you submit to Company a comment, photograph or other content to be published by Company (either online or offline), we may publish your name or other PII in connection with publishing the content.
We may combine the information about you that we collect at the Property with information available to us from other sources. For example, you may provide PII to us at other Company websites or applications, or our co-promoters or sponsors may provide us with information, including PII, about users that choose to participate in a promotional opportunity the co-promoter or sponsor is offering in connection with Company.
When your computer contacts our web servers (for example, when you visit this website, view an HTML e-mail, or download an interactive desktop from the Property), our web servers automatically collect website usage information. Website usage information is non-identifying information that describes how our visitors use and navigate our Properties. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Property, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service.
We may use "cookies", "web beacons" and other similar tracking technologies described below (collectively, "Tracking Technologies") to collect Non-Personally Identifiable Information automatically as you visit the Property.
Like most websites, this Property sometimes makes use of browser "cookies." Cookies are pieces of information that a website either transfers to your computer's hard drive or stores temporarily in your computer's memory for record-keeping purposes. Company does not save PII in cookies. We may use cookies for a number of purposes. For example, we sometimes use cookies when we conduct polls, contests or sweepstakes to limit multiple responses and registrations. Or, we may use cookies to track usage patterns on the Property or to analyze web activity.
Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you decline to accept Company cookies, you may not be able to take advantage of or participate in certain features of this Property.
In addition to browser cookies, we may use Flash cookies on some of our Properties for purposes such as those previously listed above. These Flash cookies are similar to browser cookies and are used to remember settings, preferences and usage, but they are managed through a different interface than the one provided by your web browser. If you would like to delete Flash cookies, you will need to access your Flash Player settings management tool available on Adobe's website. For more information about Flash cookies and how to remove them from your computer, please visit http://www.adobe.com/products/flashplayer/articles/lso/ or http://epic.org/privacy/cookies/flash.html.
Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif," that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. Company may use web beacons to count visitors to our web pages or to monitor how our users navigate our Property, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. Company uses web beacons to compile aggregate statistics about our Property and our marketing campaigns. Company does not link the information collected by its web beacons to the PII you provide when registering with the Property.
Our Properties may employ Google Analytics which uses a first-party cookie and JavaScript code that is stored on Google's server to anonymously track how users interact with our Properties, including where they came from and what they did on our Property. Company does not link the information collected by Google Analytics to the PII you provide when registering with the Property.
If this Property is a mobile application, it may also utilize Flurry Analytics. You may view Flurry's Privacy Policy at http://www.flurry.com/legal-privacy/privacy-policy for information on how to opt-out of Flurry Analytics tracking.
An IP address is a number that is assigned to your computer or network when you are on the Internet. When you request pages from this Property, our servers log your IP address. Company may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Property. We may associate your IP address with the PII you provide.
Company does not knowingly collect any PII from children under thirteen (13) years of age unless the collection complies with the Children's Online Privacy Protection Act ("COPPA"). If you are under thirteen (13) years of age, do not send any information about yourself to Company. If Company discovers that a child under the age of 13 has provided Company with PII, Company will use commercially reasonable efforts to delete that child's PII from its system.
We may use third-party advertising companies to serve ads on websites on which we advertise and may allow third-party advertising companies, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to serve ads and/or collect certain anonymous information when you visit this Property. Third-party advertising technology (1) uses non-personally identifying information (e.g. click stream information, browser type, time and date, subject of ads clicked) derived from your use of this Property and the sites on which we advertise to serve ads to you and (2) may use web beacons or place a unique third-party cookie or cookies on your web browser.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by Company except to the extent necessary to provide services to the Property. These Third Party Advertising Service Providers may themselves set and access their own Tracking Technologies on your computer if you choose to have such Tracking Technologies enabled in your browser (or Flash cookies, if you have not removed them, as described above) and/or they may otherwise collect or have access to information about you and your online activities over time and across different websites when you visit the Property.
You can opt-out of the use of Non-Personally Identifiable Information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe Audience Manager (formerly known as Demdex) and DoubleClick/Google, by using those Third Party Advertising Service Providers' opt-out tools. You can access the Adobe Audience Manager/Demdex tool at http://www.donottarget.com and the DoubleClick tool at http://www.google.com/intl/en/privacy/ads or as further described immediately below.
We also may from time to time permit other Third Party Advertising Service Providers to collect Non-Personally Identifiable Information on the Property. Some of these Third Party Advertising Service Providers may participate in the Network Advertising Initiative's Opt-Out Tool, located at http://www.networkadvertising.org/managing/opt_out.asp , and/or the Self-Regulatory Program for Online Behavioral Advertising, located at http://www.aboutads.info/choices. Please click on the links to these tools to learn more about your choices.
Company may use your PII to provide you with requested information, services or content, to contact you in connection with a contest, sweepstakes or promotion, or for other purposes disclosed when you provide the information. We may also contact you from time to time on behalf of our Parent Company and/or Affiliates or an external business partner with information that may be of interest to you.
We may also contact you regarding any problems or questions we have relating to your use of our Property, or, in our discretion, notify you of changes to our Privacy Policy, Terms of Use or other policy or terms that affect you and your use of our Property. Company may also use information about our users, including PII, for internal purposes
As set forth in this Privacy Policy, Company may disclose your PII to its Parent Company and Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described below in the YOUR CHOICE/UNSUBSCRIBE section (or Click Here)
Unless otherwise disclosed in this Privacy Policy, Company does not share your PII with third parties for their direct marketing purposes unless you first affirmatively agree to the disclosure. If you elect to receive communications from a third party, your information will be subject to the third party's privacy policy and not this privacy policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, Company may share your PII with third parties under the following circumstances:
If you choose to enter a sweepstakes, contest or other promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a sweepstakes, contest or other promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit, but only where specifically stated on the registration page or official rules for such promotion.If you choose to enter a sweepstakes, contest or other promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a sweepstakes, contest or other promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit, but only where specifically stated on the registration page or official rules for such promotion.
Company may employ other companies and individuals to perform functions on its behalf. Examples include, without limitation, hosting a Property, sending communications on our behalf, analyzing data, providing marketing assistance, creating, hosting, administering and/or otherwise running contests/sweepstakes/games, serving ads, providing customer service, and processing payments for transactions on a Property. These third parties may have access to a Property's user information, including PII, but such access shall be limited to the extent it is needed to perform their duties and functions and we will require such third parties agree to respect the privacy of a Property's user information.
You agree that in order to provide services to you which you have requested including relevant content and advertising, and to track and award virtual rewards, we may exchange information that we collect from you with third parties who help us perform these tasks and provide these products and services including UDID (unique device identifier), MAC address, OpenUDID, information about your device systems, application software and periphials, and the country setting on the device.
Company may disclose information about its users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Property and applicable laws. Company may also disclose such user information whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of the Property, our users or others.
Company reserves the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of substantially all of its assets, or other fundamental corporate change, whatever form it may take.
Without in any way limiting the rights Company has reserved above in the event of a “Corporate Change”, Company shall be entitled to transfer information it collects, including without limitation PII, to any third party that assumes, acquires or is otherwise authorized to take control over this Property, provided such third party has agreed to use your PII in accordance with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.
Company may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing Company's services to prospective partners and other third parties
Please review our restrictions on use and guidelines for user forums in our Terms of Use. In addition, please note that this Privacy Policy does not apply to any information you may disclose publicly in user forums (such as chat rooms, message boards, or similar web pages). You should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. In addition, certain message boards (and similar user forums) may display IP addresses and possibly PII along with the message poster's name and message. Company bears no responsibility for any action or policies of any third parties who collect any information users may disclose in user forums or other public areas, if any, of this Property.
To unsubscribe from receiving promotional material from this Property, Click Here or follow the instructions provided at the end of an e-mail message. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately.
In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
If you want to opt out of having your PII shared with third parties for marketing purposes, you must consistently opt-out at each of our websites where you register and whenever you provide PII to us. Please bear in mind that this opt-out choice for "third parties" will not apply to Company, Company licensees and/or co-branding participants, as set forth below. Please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) Company uses your PII for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Properties, including any future changes to this Privacy Policy, the Terms of Use, or any other policy or terms that affect you and your use of our Property) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).
Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process. Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, Company largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
For additional important information about safe surfing from the Federal Trade Commission, visit http://www.ftc.gov/privacy
Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Network Advertising Initiative program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described above.
Company strives to ensure the security of your PII on our systems, including limiting access to the PII contained on our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Company cannot ensure or warrant the security of any information you transmit to Company and you do so at your own risk.
Please be aware that when you are navigating our Property or viewing an e-mail or other content provided by Company, you may have the opportunity to click on links that take you outside Company’s service to other websites or online content that are beyond Company’s control. For example, you may encounter links to fan sites, webmaster program participant sites, or links from sponsors or partners, which may include Company’s logo as part of a co-branding arrangement. If you “click” on the link to such a third party, the “click” takes you to a third party’s website or online content. Company has no control over and is not responsible for the privacy practices or the content of these websites and expressly disclaims all liability associated with your use of, and the content on, such other websites. Once you have left the Property by clicking on an external link or advertisement, you should check the applicable third party's privacy policy to determine whether they will collect PII from you and how they will use it.
This Property is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be collected in or transferred to the United States. By using our Property, participating in any of our services and/or providing us with your information, you consent to this transfer.
For detailed information on our privacy policy and practices with respect to personal information transferred from the European Economic Area and Switzerland, please see our Safe Harbor Privacy Policy located at http://www.viacom.com/privacypolicy/Documents/VIACOM-610657-v1-Safe_Harbor_Policy.pdf.
If a motion picture that has been rated by the Motion Picture Association of America ("MPAA") is the subject of this Property, you may visit www.mpaa.org for a description of the ratings system or www.filmratings.com for a discussion on the reasons for the ratings on recent motion picture releases.
PARAMOUNT PICTURES SCREENER WEBSITE TERMS
OF USE
IMPORTANT! PLEASE READ CAREFULLY.
THIS IS A LEGALLY BINDING CONTRACT. BY CLICKING THE "I AGREE" BUTTON
ON THE LOGIN PAGE, YOU AGREE TO ALL OF THESE TERMS. IF YOU DISAGREE WITH ANY OF
THESE TERMS, OR DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS
WEBSITE, AS ANY SUCH USE WILL BE UNAUTHORIZED.
This website or application (individually
and collectively, the “Website”) is
owned and operated by Paramount Pictures Corporation on its own behalf or in
combination with Paramount Home Entertainment, Inc.,
Paramount Vantage, a division of Paramount Pictures
Corporation,
or
Insurge
Pictures, a division
of Paramount Pictures Corporation
(collectively,
"Company" or "we", "us", or
"our"), which are all part of the entertainment operations of
Viacom Inc. (the “Parent Company”).
Your use of this Website is subject to the following terms and conditions of
use (the "Terms"). You agree to these Terms by accessing this
Website and/or by accepting any information or content from this Website. We
reserve the right in our sole discretion to modify, alter or otherwise change
these Terms and you agree to be bound by such modifications, alterations or
changes. We will post changes here, so check back periodically. Your continued
use of this Website after the posting of any change in the Terms shall
constitute your acceptance to be bound by any such changes.
In the event we make a material change to these Terms, to
be determined in our sole and absolute discretion, we shall require you to go
through the entire acceptance process with the revised Terms.
Please
also review the Website's
Privacy Policy
.
The primary purpose of this Website
is to provide Authorized Users (defined below) a means to temporarily stream or
download digitized versions of Company motion pictures, television shows, and
other content. The Website is for use only by Company and Company-authorized
and approved licensees, subsidiaries, vendors, agents and service providers and
their employees (each, an "Authorized User"). By accessing
this Website, you assume the risk that the information on this Website may be
incomplete, inaccurate, out of date, or may not meet your needs and
requirements. You may access and use this Website only if you are an Authorized
User.
THIS WEBSITE IS NOT INTENDED FOR
VIEWING OR ACCESS BY ANYONE OTHER THAN AUTHORIZED USERS.
Your use of the Website may also be
governed by a contract between Company or its Affiliates and you or your
employer ("Agreement"). As used in these Terms, "Affiliates"
mean Company's: parent company, related companies, subsidiaries, licensors,
agents and assigns. In the event of a conflict between these Terms and the
Agreement, the Agreement will control.
Password and Access Rights
The Website's practices governing
your personal information are disclosed in its
Privacy Policy
.
As an Authorized User, you understand and agree that you are responsible for
all activities that occur under your account, and agree that you will not sell,
transfer or assign your access rights. You also understand that Company and its
authorized agents will be entitled to monitor your account and, at its
discretion, require you to change it. You understand that you are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer so that others may not access the Website
using your user name or password in whole or in part. You will notify Company
immediately if you believe your password has been compromised or security of
your account is threatened in any way.
When you submit your information to
become an Authorized User you represent and warrant to Company that: (i) you are using your actual identity and the information
you provide to Company is true, complete, correct and current, and that you
will maintain and update that information as circumstances require; (ii) you
have the capacity to enter into these Terms (i.e., you are of sufficient legal
age and mental capacity); (iii) you are otherwise entitled to be legally bound
in contract and (iv) you are an employee of one of Company's Affiliates,
licensees, or vendors and you are using the Website in the course of
performance of your employer's instructions and are acting on behalf of your
employer. Company reserves the right to terminate or suspend your membership
and deny or refuse access to the Website to any person at any time.
Ownership of
Material
This Website and all of the content
it contains, or may in the future contain, such as Company motion pictures,
television shows, and other content, articles, opinions, other text,
directories, guides, photographs, key-art, illustrations, images, video and
audio clips and advertising copy, as well as the trademarks, logos, domain
names, trade names, service marks and any and all copyrightable material
(including source and object code) and/or any other form of intellectual property
(collectively, the "Material") are owned by or licensed to
Company or other authorized third parties and are protected from unauthorized
use, copying and dissemination by copyright, trademark, publicity and other
laws and by international treaties. Nothing contained in these Terms or on the
Website should be construed as granting, by implication, estoppel or otherwise,
any license or right to use any Material in any manner without the prior
written consent of Company or such third party that may own the Material or
intellectual property displayed on the Website.
UNAUTHORIZED USE, COPYING,
REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING,
DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER
MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
You agree not to use
the Material for any unlawful purposes and not to violate Company's rights or
the rights of others. You are advised that Company will aggressively enforce
its rights to the fullest extent of the law. Company may add, change, discontinue,
remove or suspend any of the Material at any time, without notice and without
liability.
License to View
Material
Subject to these Terms, we grant to you a limited, personal,
non-exclusive, non-transferable, non-sublicenseable and revocable license to
use the Website for your own personal review of the Material. Your use of the
Website and the Material shall be non-commercial and not for resale or further
distribution.
Company retains all right, title,
and interest in and to the Website and the Material not expressly granted to
you in the limited license above.
The license granted herein expressly
forbids you to
(i) reproduce, modify, translate,
enhance, decompile, disassemble, reverse engineer, modify, adapt, translate,
rent, sell, lease, loan, distribute, copy, or create derivative works of the Material;
(ii) rent, lease, or sublicense access to the Website; or (iii) circumvent or
disable any security or technological features or measures of the Services.
In the event you are granted the
ability to download any Material, you shall at all times keep the Material in a
secure location or computer server, taking all security measures to ensure that
the Material is not copied, stolen, transmitted or otherwise used, viewed or
displayed in an unauthorized manner or by entities/persons not specifically
authorized by Company. If you cease to be an Authorized User for any reason,
you must destroy any Materials in your possession, whether in electronic or
printed format, unless instructed otherwise in writing by Company.
Disclaimers / Limitations on
Liability
YOU UNDERSTAND AND AGREE THAT THIS
WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE
DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL
FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE.SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY
BY JURISDICTION.
YOU AGREE THAT COMPANY AND ITS
PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR
RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "
RELEASED
PARTIES
"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER
BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH
THIS WEBSITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL
OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO,
THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS.NOTWITHSTANDING ANY OTHER
PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE
RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION
WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR
THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY
TO YOU.
BY ACCESSING THIS WEBSITE, YOU
UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT
THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU
ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW
OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR."
Company makes no representation or
warranty whatsoever regarding the completeness, accuracy, currency or adequacy
of any information, facts, views, opinions, statements or recommendations
contained on this Website and/or the Material. Reference to any product,
process, publication or service of any third party by trade name, domain name,
trademark, service mark, logo, manufacturer or
otherwise does not constitute or imply its endorsement or recommendation by
Company. Views and opinions of users of this Website do not necessarily state or
reflect those of Company.
The Internet may be subject to
breaches of security. Company is not responsible for any resulting damage to
any user's computer from any such security breach, or from any virus, bugs,
tampering, unauthorized intervention, fraud, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer line failure or
any other technical or other malfunction. You should also be aware that email
submissions over the Internet may not be secure, and you should consider this
before emailing Company any information. Company makes no representation or
warranty whatsoever regarding the suitability, functionality, availability or
operation of this Website. This Website may be temporarily unavailable due to
maintenance or malfunction of computer equipment.
Indemnification
BY USING THIS WEBSITE YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES,
LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND
DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS,
DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL
COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR
REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION
OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN
VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH
YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT
INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT,
PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY
MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU
WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY
CLAIM.COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE
DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU,
AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN
CONSENT OF COMPANY.
Remedies
You agree that a breach by you of
any of your undertakings hereunder would cause Company damage which could not
readily be remedied by an action at law and might, in addition, constitute an
infringement of copyright and/or trademark and/or other applicable laws. You
acknowledge and agree that any such breach would, therefore, entitle Company to
equitable remedies, costs and attorneys' fees in addition to any other rights
and remedies provided for herein or by law.
Linking Policy
You may not link to this Website,
unless otherwise approved in writing by an authorized representative of
Company. You may not "frame" this Website or alter its
intellectual property or Material in any other way, other than as expressly
authorized by these Terms or a written Agreement. Company reserves the right,
in its sole discretion, to terminate a link with any website for any reason or
no reason at all, including without limitation any website that Company deems
to be inappropriate or inconsistent with or antithetical to this Website and/or
these Terms.
Company is not responsible for the
content or performance of any portion of the Internet including other World
Wide Websites to which this Website may be linked or from which this Website
may be accessed. Users are requested to inform Company of any errors or
inappropriate material found on Websites to which this Website is or may be
linked.
Location
Company operates this Website in the
United States. Information submitted to this Website will be transferred to the
United States and other countries, which may not have data protection
legislation similar to an Authorized User's country of residence. Information
contained on this Website may not be appropriate or available for use in other
locations, and access to this Website from territories where the content of the
Website may be illegal is prohibited. If you access this Website form other locations,
you do so on your own initiative and you are solely responsible for compliance
with applicable local laws. These Terms shall be construed and enforced in
accordance with the laws of the State of California, without regard to its
conflicts of law principles and will specifically not be governed by the United
Nations Conventions on Contracts for the International Sale of Goods, if
otherwise applicable. Any cause of action filed by you with respect to the
Terms and/or your use of this Website must be filed in the County of Los
Angeles, City of Los Angeles, State of California within ninety (90) days after
the occurrence of the facts giving rise to the cause of action, otherwise the
cause shall be forever barred. You hereby consent and submit to the exclusive
personal jurisdiction and venue of the courts located in the County of Los
Angeles, City of Los Angeles, State of California for any cause of action
relating to or arising under these Terms or the Website.
No software from the Website may be
downloaded, exported or re-exported: (i) into (or to
a national or resident of) any countries that are subject to U.S. export
restrictions; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nations or the U.S. Commerce Department's Table of Deny
Orders. You represent and warrant that you are not located in, under the
control of, or a national or resident of any such country on any such list.
Compliance with
Laws
You agree to comply with all rules,
laws and regulations that are applicable to your use of the Website, including,
without limitation, all applicable laws, rules and regulations governing your
transmission or use of any software or data. Nothing contained in these Terms
shall be construed so as to require the commission of any act contrary to
statute or law in the relevant jurisdiction, and whenever there is any conflict
between any provision of these Terms and any applicable statute or law in the
relevant jurisdiction, the applicable statute or law shall prevail. In such event,
however, the affected provisions of these Terms shall be curtailed and limited
only to the extent required and necessary to bring them within the specifically
applicable legal requirements.
Violations and Additional Policies
Company will determine your
compliance with these Terms in its sole discretion and its decision shall be
final and binding. Any violation of these Terms may result in restrictions on
your access to all or part of the Website and may be referred to law
enforcement authorities. No waiver of any of these Terms shall be of any force
or effect unless made in writing and signed by a duly authorized officer of
Company. Company reserves the right to modify or discontinue this Website, or
any portion thereof without notice to you or any third party. Upon termination
of your membership or access to the Website, or upon demand by Company, you
must destroy all Materials obtained from this Website and all related
documentation and all copies and installations thereof. You are advised that
Company will aggressively enforce its rights to the fullest extent of the law.
If any provision of these Terms is
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision will not affect the validity of the remaining provisions of
these Terms, which will remain in full force and effect. The section titles in
these Terms are for your convenience only and do not have any legal or
contractual effect.
Contact Us
If you have any
questions, comments or concerns about our Website or these Terms of Use, you
may contact us at
HelpdeskIT@paramount.com.
The effective date of these Terms is
May 1, 2015.
© 2015 Paramount Pictures
Corporation. All rights reserved.