TERMS OF USE
IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING WWW.PARAMOUNTPROGRESS.COM (THE “WEB SITE”), AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE WEB SITE. You agree to these Terms by accessing this Web Site, registering for the Web Site, or by accepting or downloading any information or content from the Web Site. IF YOU DISAGREE WITH ANY OF THESE TERMS, OR DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEB SITE.
The Web Site is owned and operated by Paramount Progress, a division of Paramount Pictures Corporation (“Company”). The Web Site is for use only by employees of Company or our parent, sister or affiliated companies or subsidiaries, Company approved theater managers, owners and employees, and other individuals who are pre-approved by Company through Company’s authorization process (each individual, an “Authorized User”). The Web Site is not intended for viewing or access by anyone other than Authorized Users. YOU MAY ACCESS AND USE THIS WEB SITE ONLY IF YOU ARE AN AUTHORIZED USER.
We reserve the right in our sole discretion to add, change, discontinue, remove, or suspend any portion of the Web Site at any time, without notice, and 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 Web Site 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 Web Site’s Privacy Policy.
As used in these Terms, “Affiliates” mean Company’s and its parent company’s related companies, sister companies, subsidiaries, licensors, agents and assigns.
I. OWNERSHIP OF MATERIALS
This Web Site and all of the content it contains, or may in the future contain, such as 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 Web Site 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 Web Site. 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.
II. LICENSE
As part of the Web Site’s asset management function, Company will make available to Authorized Users certain Material for viewing, downloading and distributing in accordance with the license set forth in this Section II. As an Authorized User, Company grants you a limited, personal, non-transferable, non-assignable, non-exclusive, revocable license to access, view and download (if applicable) the Materials for the advertising and promotion of the Materials or other products or services of Company or its Affiliates, but only in furtherance of your business relationship with Company or Company’s business. You agree that: (i) you will not sublicense, assign or otherwise transfer the license set forth in this Section II; and (ii) that you will not modify or copy the Materials or use the Materials for any purpose outside of the specific rights granted in these Terms. In addition, you agree that you will be responsible and liable to Company and its Affiliates for the actions of any third party to whom you transfer or provide access to the Materials or the Web Site and that you will keep accurate records of any third party to whom you transfer or provide access to the Materials or the Web Site so that Company may enforce its rights under these Terms and otherwise. Except where prohibited by law, you agree to promptly provide those records to Company upon its request and cooperate and reasonably assist with any action taken by Company in furtherance of its rights. Your misuse of the Materials is strictly prohibited. The rights granted in these Terms will automatically terminate if you violate any of these restrictions, and may be terminated by Company at any time, in its sole discretion.
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. Company shall have the right (but not the obligation) to inspect your premises to ensure compliance with this provision. 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.
III. RESTRICTIONS ON USE OF MATERIALS
Any use of the Materials must be pre-approved in writing by Company. Unless expressly agreed otherwise, any use of the Materials:
- shall be intended solely to promote Company;
- shall not be used for any revenue-generating activity, competition, game, lottery, sweepstake or other similar event without Company’s prior written consent;
- if on the Internet, shall emanate from servers located exclusively in the Authorized User’s Company-approved territory, and shall be intended to reach only those viewers who are located in the such territory;
- shall not violate the law;
- shall not attempt to decompile, reverse engineer or disassemble any software contained in the Materials;
- shall not transfer the Materials to another person not expressly authorized in writing by Company to receive the Materials;
- shall not disparage, defame, distort or parody any person, story, image, likeness, character or name contained in or related to a Company motion picture and/or other program (“Programs”);
- shall not remove any copyright, trademark or other proprietary notations from the Materials but shall include a restrictive legend on the Materials of sufficient size that identifies the proper copyright owner(s) of the Materials and the Program and prohibits any downloading, reuse, reproduction or retransmission of the Materials;
- shall not use any copyright work, trade or service mark of Company, or contained in or related to a Program or any part thereof, as a name for your Internet websites or website addresses;
- shall not use the Materials in connection with third party brands or third party intellectual property unless the use is pre-approved in writing by Company;
- shall not “mirror” the Materials on any other server; and
- shall not use the Materials or the names, images, likenesses, or biographical information of the performers in the Program in any manner which constitutes or may be deemed to constitute an express, implied, direct or indirect commercial tie-in with or endorsement of any product, service or sponsor.
Any rights granted or approvals given will automatically terminate if you violate any of these restrictions, and may be terminated by Company at any time, in its sole discretion.
IV. PASSWORD AND ACCESS RIGHTS
The Web Site’s practices governing your personal information are disclosed in its PrivacyPolicy. 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 Web Siteusing 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 Web Sitein 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 Web Siteto any person at any time.
V. RESTRICTIONS ON USE
In connection with your use of the Web Site and Materials, you agree not to:
- harass, stalk or otherwise abuse another Authorized User;
- transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Company), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion);
- transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party ;
- transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Siteor to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Sitefor any reason;
- transmit or otherwise make available any content that you do not have the right to transmit or otherwise make available under law, contract or fiduciary relationships;
- intentionally or unintentionally violate any applicable local, state, federal or international law, rule or regulation; or
- use the Web Sitefor any purpose other than for Company’s legitimate business.
VI. INFORMATION AND CONTENT SUBMITTED BY YOU
Company does not accept unsolicited submissions for its shows, motion pictures, web sites or other products or services. Therefore, please do not make any unsolicited submissions through the Web Site or otherwise, including without limitation, story or character ideas, data, plot suggestions, artwork, or scripts. You agree that any such submissions or other information or content submitted by you to the Web Site (“Submissions”) will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of Submissions. You agree that any Submissions will be a work made for hire for Company and you hereby irrevocably assign to Company and the Affiliates all right, title and interest in and to those Submissions, including, without limitation, all patents, trademarks, service marks, trade names, copyrights (to the extent not already a work made for hire for Company), trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights that may subsist in the Submissions. You agree to execute any documents and take all steps that Company determines are necessary to affect the intentions of these Terms. You agree and understand that Company is not obligated to use any Submission you make to Company through the Web Site or otherwise.
VII. 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, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I 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 Web Siteand/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 Web Sitedo 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 e-mailing Company any information. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Sitemay be temporarily unavailable due to maintenance or malfunction of computer equipment.
VIII. 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.
IX. LINKING AND THIRD PARTIES/NO ENDORSEMENT
This Web Site may provide links to third-party websites, and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third party. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than Company are solely between you and that third party. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted by any third party or on any third party web sites. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement, affiliation or recommendation by Company or the Affiliates.
You may not link to this Web Site, unless otherwise approved in writing by an authorized representative of Company. You may not “frame” this Web Site 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 Web Site 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 Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Company of any errors or inappropriate material found on websites to which this Web Site is or may be linked.
X. PROMOTIONS
This Web Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements. It is your responsibility to read and comply with those rules.
XI. LOCATION
Company operates this Web Site in the United States. Information submitted to this Web Site 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 Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access this Web Site 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 Web Site 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 Web Site.
No software from the Web Site 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.
XII. ADDITIONAL TERMS
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.
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 Web Site 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 Web Site, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by Company, you must destroy all Materials obtained from this Web Site 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 unenforceable in whole or in part, the remaining Terms will not be affected. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
XIII. CONTACT US
If you have any questions, comments or concerns about the Web Site or these Terms, you may contact us at paramount_progress@paramount.com.
The Effective Date of these Terms of Use is March 17, 2011.