Scenechronize is a service of Entertainment Partners ("EP"). EP is a Burbank, CA based software company. More information about EP can be found at http://www.ep.com.
ENTERTAINMENT PARTNERS WEBSITE TERMS OF USE
THESE WEBSITE TERMS OF USE (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND ENTERTAINMENT PARTNERS ("EP," "US," "WE," OR "OUR"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.EP.COM, AS WELL AS OTHER SITES (ALL COLLECTIVELY REFERRED TO AS THE "SITE") OPERATED BY EP OR AN EP AFFILIATE OR SUBSIDIARY (COLLECTIVELY WITH EP, "EP ENTITIES". BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. IF YOU ELECT TO SUBSCRIBE TO ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE, THOSE PRODUCTS AND SERVICES (COLLECTIVELY, THE "SERVICES") WILL BE SUBJECT TO SEPARATE TERMS OF SERVICE (THE "TERMS OF SERVICE") WITH A EP ENTITY AND YOUR AGREEMENT TO THE APPLICABLE TERMS OF SERVICES SHALL BE A CONDITION TO YOUR USE OF THOSE SERVICES.
Changes.
EP may make changes to the content available on the Site at any time. EP can change, update, add or remove provisions of these Terms, at any time, by posting the updated Terms on this Site. By using this Site after EP has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site. We may use different procedures to notify you of any changes to Terms of Service and those procedures will be set forth in the Terms of Service applicable to the Services for which you have chosen to purchase a subscription.
General Use.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent"s or legal guardian"s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless EP if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the EP or the Site.
EP provides content through the Site that is copyrighted and/or trademarked work of EP or EP"s third-party licensors and suppliers (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, EP hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site.
You can simply view the Site and not use any Services on the Site. You need not register with EP to simply visit and view the Site.
However, in order to receive any Services, you must purchase and pay for a subscription to the Services, agree to the applicable Terms of Service, register with EP for an account and receive a password.
Links to Third-Party Sites.
This Site may be linked to other web sites that are not sites controlled or operated by a EP Entity (collectively, "Third-Party Sites"). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than EP, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. EP is providing links to the Third-Party Sites to you as a convenience, and EP does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or an other activities conducted on or through such Third-Party Sites. YOU AGREE THAT EP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply EP"s endorsement or recommendation.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications, including electronic notices, from EP. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with EP. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Privacy Policy.
Please review the Privacy Policy, which is available at https://www.ep.com/privacy (the "Privacy Policy") which explains how we use information that you submit to us.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify EP immediately on any unauthorized use of your account, user name, or password. EP shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by EP, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else"s use of your account or password.
Unauthorized Activities.
When using this Site and/or the Services, you agree not to:
- Disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Post anything contrary to our public image, goodwill or reputation.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party"s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You agree to indemnify and hold EP Entities and their respective officers, directors, employees, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys" fees and costs of defense) EP or any other indemnified party suffers in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary Rights.
[Entertainment Partners is a trademark of EP in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.]
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Entertainment Partners Copyright " 2015. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
EP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. EP has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of EP or of a third party, or otherwise violated any intellectual property laws or regulations. EP"s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want EP to delete, edit, or disable the material in question, you must provide EP with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EP to locate the material; (d) information reasonably sufficient to permit EP to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to EP"s designated agent at:
Entertainment Partners
Attn: Data Protection Officer
2950 N. Hollywood Way
Burbank, CA 91505
E-Mail: privacy@ep.com
Disclaimer of Warranties.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by EP, and they may include inaccuracies or typographical or other errors. EP does not warrant the accuracy or timeliness of the Materials contained on this Site. EP has no liability for any errors or omissions in the Materials, whether provided by EP, our licensors or suppliers or other users.
EP, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND MATERIALS CONTAINED OR PRESENTED ON THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EP DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
NO EP ENTITY SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL EP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF EP KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Important Note
We may, in accordance with applicable law, use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our customers or others; to fulfill your requests; or to cooperate in any legal investigation.
Local Laws; Export Control.
EP controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions or related materials to EP, whether by letter, email, telephone or otherwise (collectively, "Feedback") suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title and interest in, and EP is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing and selling, directly or indirectly, products and services using such Feedback. You understand and agree that EP is not obligated to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution.
EP prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by EP, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Maryland. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. EP"s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and EP and supersede all prior or contemporaneous negotiations, discussions or agreements between you and EP about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Governing Law.
These Website Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
Severability; Waiver.
If, for any reason, a court of competent jurisdiction finds any term or condition in these Website Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Website Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by EP or by any third party.
Contact Us.
If you have any questions about these Terms or otherwise need to contact EP for any reason, you can reach us at support@scenechronize.com.