This web site, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means (the "Site"), is owned and operated by Sony Pictures Home Entertainment New Zealand and/or its affiliates or related companies (collectively, "SPHE"). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any use by another person, of your User Account, as well as your use of the S
For purposes of the TOS, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, the Site, and the Services include, without limitation, services, products, films, promotions and information about SPHE and SPHE's brands, services and products (whether delivered through electronic messages, websites, ordinary mail or otherwise); (B) "Site Content" shall mean any and all human readable, audio and/or visual elements of this Site, created or owned by SPHE, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (C) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (D) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services.
LICENCES GRANTED TO YOU
Subject to these Terms of Service, SPHE grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licences (each a "Licence"):
1. the Licence to access, view and otherwise use the Site (including, without limitation any Services provided on or through the Site) for your personal (non-commercial), lawful use only, as intended through the customary and authorised functionality of the Site;
2. the Licence to stream Site Content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a "Site Widget") for your personal, lawful use only;
3. the Licence to cut and paste certain Site Code expressly made available to you through the Site (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site Content to which such Site Code relates on your own personal, customized social networking web page(s), web blog(s), or microblog(s) (collectively, your "Personal Social Media"), and/or, if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media;
4. the Licence to cut and paste certain Site Code expressly made available to you through the Site, and/or if the Site provides "widget grabbing and embedding" functionality, to "grab" a Site Widget, to forward, as applicable, such Site Code and/or Site Widget to your friends, so that they can view the Site Content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of Site Code or Site Widget on their own Personal Social Media or re-forward it to their own friends;
5. if the Site includes a "Send to Friend" or similar tool that allows you to initiate and send to one of your friends an email communication that includes Site Content, and the tool is operational, the Licence to use the tool to request that the Site's servers convey your message to your friend;
6. if the Site includes a "Download" link next to a piece of Site Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), the Licence to download a single copy of such Site Content to a single computer, mobile or other permitted device for your personal, non-commercial use only;
7. if the Site enables you to download Software, the Licence to install and use one copy of the Software on your personal computer system, mobile or other permitted device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, SPHE does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be SPHE and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of SPHE; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; and (v) because the laws and regulations of the USA restrict the export and re-export of commodities and technical data of USA origin, including the Software, you will not export or re-export the Software in any form in violation of the laws of the USA or any foreign jurisdiction, and in addition, you represent and warrant that you are not a national or resident of any country to which the USA has embargoed goods, or on the USA Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial and Prohibition Orders;
8. the Licence to obtain a User Account (and/or related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar Services offered on the Site; and
9. the Licence to use any other functionality expressly provided by SPHE on or through the Site for use by users, subject to these Terms of Service (including, without limitation, functionality to create and/or submit user submission).
Your rights under any one or more of the Licences set forth above are granted to you on condition that you comply with each of the following:
1. you will not create or Submit (as defined below) a user submission that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules or regulations ("Applicable Laws"), or that infringes or violates other parties' intellectual property, or privacy rights or links to infringing or unauthorised content. "Submit" includes sending, posting, uploading, transmitting through webcam or similar functionality, providing a URL in respect of a particular piece of content or otherwise displaying or exchanging (including, without limitation, with other Site users) any content or material on the Site or by means of the Site to other destinations, such as social networking pages (including, without limitation, to your Personal Social Media);
2. you will not embed, re-publish, maintain and/or display any Site Content (including, without limitation, any of your own user submissions) on any Personal Social Media or other web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorised content;
3. you will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorised advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site, or use the Services, the Software, the Site Content or the Site Code to do any of those things;
4. you will provide accurate, current and complete information about yourself or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
5. you will not use any one or more of the Licences granted to you (or any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so;
6. you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof);
7. you will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site Content;
8. you will not remove, alter, interfere with or circumvent any copyright, trade mark, watermark, or other proprietary notices marked/displayed on Site Content, Software or Services;
9. you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site Content;
10. you will not use any of the rights granted to you or any of the Site Content or the Services in a manner that suggests an association with any of SPHE's products, services or brands, unless otherwise specifically permitted by SPHE;
11. you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to SPHE's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
12. you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
13. you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of SPHE or any of its affiliates, or the Site, or any of the Site Content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative);
14. you will not do anything on the Site that would prevent or interfere with other users' access to or use of the Site or any part of it;
15. you will be responsible for maintaining the confidentiality of any username or password associated with access to the Site (including, without limitation, in those instances in which the Site uses the account creation mechanism and management of a third party’s social network, website or device), and you are solely responsible for all activities that occur under your username and/or password; and
16. you will use the Site and the Licences at all times in compliance with these TOS and all Applicable Laws.
CHANGES TO SITE AND/OR TERMS OF SERVICE
CHANGES IN SITE OWNERSHIP
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The Site, Site Content, Site Code, and all intellectual property rights therein are owned by SPHE and/or its licensors and content providers, and are protected by applicable domestic and international laws. Unless expressly permitted in writing by SPHE, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, communicate, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorised Use").
Any Unauthorised Use may constitute an infringement of the intellectual property rights of SPHE and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of intellectual property laws may be subject to civil and criminal penalties.
SPHE is pleased to hear from its customers and welcomes your comments regarding SPHE products and services, including this Site. Unfortunately, however, SPHE's long-standing company policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our Services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SPHE's or its affiliates' professional staff might seem to others to be similar to their own creative work.
If, at our request, you send or post (e.g., via message boards or contests) certain specific submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the exclusive property of SPHE. None of the Submissions shall be subject to any obligation of confidence on the part of SPHE, and SPHE shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, it is the intention that all now known or hereafter existing rights in the Submissions of any kind and nature, in perpetuity, throughout the universe will vest in SPHE, and SPHE shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. You agree that you will do all things necessary and sign all necessary documents to ensure that ownership of the Submissions, including all copyright and other intellectual property rights in the Submissions, vests in SPHE. In addition, you warrant that your Submissions do not violate any person's "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall SPHE's total liability exceed $5,000.00.
You agree to indemnify SPHE for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the TOS. SPHE does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, SPHE reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, unlawful, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable. Please refer to the YOUR RESPONSIBILITIES section above for additional information concerning Submissions.
SPHE SERVICES AND RULES FOR USE
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at SPHE's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services. As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorise your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorised access to your User Account and the information therein. You agree that you will (i) immediately notify SPHE of any unauthorised use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. SPHE shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.
SPHE sites may frame, and/or contain links to or advertisements about, non-SPHE web sites. Other sites may also reference, advertise, or link to SPHE sites. SPHE does not endorse or sponsor other web sites and is not responsible for the content of such sites. SPHE expressly disclaims any statements or assertions made on non-SPHE web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
The Site is controlled by SPHE and its affiliats from Auckland, New Zealand. Your use of this is governed by the laws applying in New Zealand. Subject to the Dispute Resolution provision set forth below, you submit to the exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or relating to these Terms of Service, or arising from the use of your User Account and/or any SPHE Site or Service.
If a dispute arises out of, or is in any way in connection with, or otherwise relates to, these Terms of Service, the Site, the Site Content, the Site Code, the Services, the Software, or the breach, termination, validity or subject matter of any of them, or as to any related claim at law, in equity, or pursuant to any statute, you and SPHE agree that the dispute will be finally settled under the Rules of Arbitration of the International Chamber of Commerce in accordance with such Rules. For the purpose of any such arbitration: (a) the number of arbitrators shall be one, who shall be a retired judge with at least 10 years experience in commercial matters (the parties shall discuss in good faith and shall use reasonable endeavours to agree a joint nomination within ten (10) days after submission of the request for arbitration); (b) the seat, or legal place, of arbitration shall be Auckland, New Zealand; and (c) the language to be used in the arbitral proceedings shall be English. The arbitrator shall have the power to grant interim and permanent injunctions and other interim measures of relief which the arbitrator may in his or her discretion consider necessary. Neither party shall be entitled or permitted to commence or maintain any action in any court with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of the arbitrator, either party may seek interim relief in an appropriate court, without SPHE waiving its right to have any such dispute resolved by arbitration; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to an appropriate court. The arbitration shall be conducted in complete confidence. The fact that there is a dispute between the parties that is the subject of an arbitration shall be confidential to the same extent. The parties undertake not to disclose details of the dispute or of the arbitration except to their professional advisers, and shall procure that their professional advisers do not disclose such details. The parties shall keep confidential and not use for any collateral or ulterior purpose all documents and materials relating to the dispute, produced for, or arising in relation to, the arbitration except: so far as is necessary to implement and enforce any agreement in writing settling a dispute; as required by court order; or otherwise as required by law. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to SPHE, its parents, subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
You understand and agree that SPHE may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any SPHE Site or Service, for any reason. SPHE may also, in its sole discretion and at any time, discontinue any Sites or Services or limit or restrict any user access thereto, for any reason. You understand and agree that SPHE may take any one or more of these actions without any notice to you, prior or otherwise. Should SPHE take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Submissions. You understand and agree that SPHE shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.
The Site, Site Content, Site Code, Services, and the Software, if applicable, are provided "as is" "with all faults" and "as available" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SPHE disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. SPHE does not warrant that the availability of or the functions contained in the Site, Site Content, Site Code, Services or Software, will be uninterrupted or error-free, that defects will be corrected, or that this Site, Site Content, Site Code, the server that makes them available, or the Software are free of viruses or other harmful components, or that the Site, Site Content, Site Code, Software or server do not violate any patent or other intellectual property rights of any person. SPHE does not warrant or make any representations regarding the use or the results of the use of the Site, the Site Content, the Site Code, the Services or the Software, in terms of their correctness, accuracy, reliability, or otherwise. You (and not SPHE) assume the entire risk as to the quality and performance of the Site, Site Content, Site Code, Services, and Software, as well as the entire cost of all necessary servicing, repair, or correction if there are any defects.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall SPHE be liable for any indirect, special, exemplary, loss of profits, loss of opportunity or consequential damages that result from the use of, or the inability to use, the Site, Site Content, Site Code or the Software, even if SPHE has been advised of the possibility of such damages. While SPHE takes precautions against security breaches, no web site or internet transmission is completely secure, and as such, SPHE shall not be liable for any indirect, special, exemplary, loss of profits, loss of opportunity or consequential damages that may result from unauthorised access, hacking, data loss, or other breaches that may occur. In no event shall SPHE's total liability to you in connection with the Site, Site Content, Site Code and the Software for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, and whether direct or indirect, exceed the amount paid by you to SPHE, if any, for accessing this Site. The above limitations and exclusions do not limit any rights you have under non-excludable Applicable Laws and apply only to the extent permitted by Applicable Laws.
If you believe that any Submissions or any Site Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your name, address, telephone number, and email address;
A description of the copyright work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
If any provision of these TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be severed from these TOS and shall not affect the validity and enforceability of any remaining provisions.