CAST & CREW ENTERTAINMENT SERVICES, LLC
ONLINE ACCEPTANCE OF TERMS AND CONDITIONS FOR USE
Cast & Crew Entertainment Services, LLC, along with its subsidiaries and affiliates (“C&C”) provides information and services on its World Wide Web site located at www.castandcrew.com, and all associated sites linked to www.castandcrew.com by C&C (collectively, “the Site”) under the following terms and conditions. The Site is the property of C&C and its licensors. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.
PLEASE READ THE TERMS AND CONDITIONS FOR USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THE TERMS AND CONDITIONS FOR USE HEREINAFTER SET FORTH. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS FOR USE CONTAINED HEREIN, DO NOT USE THIS SITE IN ANY MANNER.
If you are using the Site on behalf of your employer, you represent that you are authorized to accept the Terms and Conditions for Use on your employer’s behalf.
1. Right of C & C to Change, Modify, Amend or Remove Terms and Conditions
You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that C&C reserves the right, at C&C’s sole discretion, to change, modify, update, add, or remove portions of the Terms and Conditions for Use at any time without notice to you. Please check these Terms and Conditions for Use for changes. Your continued use of this Site following the posting of changes to the Terms and Conditions for Use will mean you accept those changes.
2. Copyright and Trademarks
The content on the Service, including, without limitation, photos, text, The information available on or through this Site is the property of C&C, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or though this Site for commercial or public purposes. Users may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tabs in other pages or sites on the World Wide Web without the written permission of C&C or such third party that may own the Mark.
You agree that Media Services and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”), whether Protecting the privacy of our clients and users of our Site is important to C&C. The C&C Global Privacy Statement can be found here. The C&C Global Privacy Statement describes how we use and protect information you provide us.
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. User also agrees not to decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets or other proprietary information contained in the Site.
5. Third Party Information
Although C&C monitors the information on the Site, some of the information is supplied by independent third parties. While C&C makes every effort to ensure the accuracy of all information on the Site, C&C makes no warranty as to the accuracy of any such information.
6. Use of the Software on the Site
Any software that is made available to download from the Site (“Software”) is the copyrighted work of C&C and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”), or as expressly stated on the Site pages accompanying the software. An end user will be unable to download or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies the Software, use of the Software will be governed by the Terms and Conditions for Use.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
For your convenience, C&C may make available as part of the services or in its materials or software products, tools and utilities for use and/or download. C&C does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. You shall respect the intellectual property rights of others when using the tools and utilities made available on the services or in C&C software products.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Cast & Crew Entertainment Services, LLC, 2300 Empire Avenue, 5thFloor, Burbank CA 91504.
7. Use of Documents and Publications on the Site
Except as expressly prohibited on this Site, you are permitted to view, copy, print and distribute publications and documents within this Site (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the copyright notice set forth on the Site’s home page and other proprietary notices on every copy you make, and e) you agree that C&C may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from C&C. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this Site. Those elements of the Site are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by C&C.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. C&C and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.
8. Disclaimers and Other Notices for Users of the Site
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the site, materials, publications and documents. The site, materials, publications and documents may contain technical inaccuracies or typographical errors. C&C and/or its suppliers assume no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the site, materials, publications and documents and in any other reference. The materials available on this site are for informational purposes only and are not intended to and shall not constitute legal advice.
C&C and/or its suppliers may make changes to the site, information, software, site, documents, publications, prices, technical specifications, product offerings and any other information and materials on the site at any time and without notice.
The site, documents and publications are distributed internationally and may contain references or cross-references to C&C products, programs, and services that have not been announced or available in your country. Such references do not imply that C&C intends to announce such products, programs, or services in your country. Consult your local C&C business contact for information regarding the products, programs and services which may be available to you.
9. Links to Third Party Sites
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. This Site may contain links that will let you access other Web sites that are not under the control of C&C. The links are only provided as a convenience and C&C does not endorse, or except any responsibility, with regard to any of these sites. C&C assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does C&C make any representation regarding the quality of any product or service contained at any such site. C&C is not responsible for webcasting or any other form of transmission received from any linked site.
10. Links from Third Party Sites
C&C prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. C&C reserves the right to disable any unauthorized links or frames. C&C has no responsibility or liability for any material on other Web sites that may contain links to this Site.
11. No Warranties
The software is warranted, if at all, only according to the terms of the License Agreement. Except as specifically provided otherwise, all information, software, documentation, related graphics, materials, services and publications provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. C&C and/or its suppliers use reasonable efforts to include accurate and up-to-date information on this Site; it and/ or its suppliers do not, however, make any warranties or representations as to accuracy or completeness. C&C periodically adds, changes, improves, or updates the information and documents on this Site without notice. C&C assumes no liability or responsibility for any errors or omission in the content of this Site. Your use of this Site is at your own risk.
12. Limitation of Liability
Under no circumstances shall C&C be liable, whether in an action of contract, negligence or other tortious action, for any damages suffered by you, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs, or other data) that result from access to, use of, or inability to use this site or due to any breach of security associated with the transmission of information through the internet, even if C&C was advised of the possibility of such damages.
13. Accounts and Security
If any of the services on the Site requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify C&C immediately of any unauthorized use of your account or any other breach of security. C&C will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by C&C or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this Site and registering for such services, you consent to C&C’s display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or if C&C has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, then C&C may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that you incur in order to use the services.
14. No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any C&C server, or the network(s) connected to any C&C server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any C&C server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
15. Use of Services on the Site
The Site may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the Site, you will not:
a) Use the Communication Services or the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
e) Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
h) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
i) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
j) Restrict or inhibit any other user from using and enjoying the Communication Services.
k) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
l) Harvest or otherwise collect information about others, including e-mail addresses.
m) Violate any applicable laws or regulations.
n) Create a false identity for the purpose of misleading others.
o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
p) Use any C&C domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
q) Transmit unsolicited or bulk communications to any C&C account holder or to any castandcrew.com or affiliated email address (regardless of whether you use the Site to transmit any such communication).
r) Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
C&C has no obligation to monitor the Communication Services. However, C&C reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. C&C reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
16. Disclosure of Information
C&C reserves the right at all times to disclose any information as C&C deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in C&C’s sole discretion.
17. Communication Services Warning
C&C reserves the right at all times to disclose any information as C&C deems necessary to satisfy any applicable law, regulation, legal process or g
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. C&C does not control or endorse the content, messages or information found in any Communication Services and, therefore, C&C specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized C&C spokespersons, and their views do not necessarily reflect those of C&C.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
18. Materials to be provided to C&C or posted to the Site (“Submission Policy”)
C&C reserves the right at all times to disclose any information as C&C deems
Unless otherwise specified, C&C does not claim ownership of the materials you provide to C&C (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the Site or its associated services for review by C&C, the general public, and/or by the members of any public or private community (each a “Submission” and collectively “Submissions”), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting C&C, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all C&C services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the Site.
No compensation will be paid with respect to the use of your Submission, as provided herein. C&C is under no obligation to post or use any Submission you may provide and C&C may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms and conditions for use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and conditions for use and the Site, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms and conditions for use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms and conditions for use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Site, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms and conditions for use, of any of the services or materials on the Site (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the Site. No compensation will be paid with respect to the use of your Images.
You acknowledge that C&C does not pre-screen Submissions, but that C&C and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the Site. Without limiting the foregoing, C&C and its designees may disable, restrict access to or the availability of, any Submissions that violates the Terms and conditions for use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not C&C, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the Site. C&C does not control the Submissions posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Site, you may be exposed to Submissions from others that are offensive, indecent or objectionable.
19. Unsolicited Idea Submission Policy
NEITHER C&C NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN C&C’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO C&C. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO C&C OR ANYONE AT C&C. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT C&C MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
20. Spam E-mail and Postings
You agree that C&C would be irreparably harmed by the use, by you or others, of the Site or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms and conditions for use, and that C&C is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). C&C reserves the right to block, filter or delete unsolicited e-mail.
You agree to indemnify, defend and hold C&C, and its subsidiaries and affiliates and their respective directors, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any party due to or arising out of your Submissions, your use of the Site, including any use by your employees, your connection to the Site, your violation of the Terms and Conditions for Use, or your violation of any rights of another.
22. Superseding Effect
You hereby acknowledge and represent that no representations or promises of any kind or character, except as set forth in this Terms and Conditions for Use, have been made to User or it to induce User or it to enter into this Terms and Conditions for Use. The Terms and Conditions for Use contains all of the terms and conditions agreed upon by the parties hereto with reference to the subject matters hereof. No other Agreements, oral or otherwise, shall be deemed to exist or to bind C&C. No representative of C&C had or has any authority to make any representation or promise not contained in the Terms and Conditions for Use, and User hereby acknowledges that User has not consented to the Terms and Conditions for Use in reliance upon any such representation or promise. The Terms and Conditions for Use cannot be modified or changed except by a written instrument signed by C&C.
NOTWITHSTANDING THE PRIOR SECTION OF THIS PARAGRAPH 22, TO THE EXTENT THAT ANY PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS FOR USE ARE INCONSISTENT WITH ANY PROVISION OF A PRIOR WRITTEN AGREEMENT BETWEEN YOU AND C&C IN EFFECT AS OF THE DATE OF YOUR USE OF THE SITE AND WHICH PROVISIONS ARE RELATED SPECIFICALLY TO YOUR USE OF THE SITE, SUCH INCONSISTENT TERM(S) SET FORTH IN THE PRIOR WRITTEN AGREEMENT SHALL GOVERN.
You also may be subject to additional terms and conditions that may apply when you use other C&C services, third-party content or third-party software.
23. No. Assignment
Without the written consent of C&C, you may not assign any of your rights to C&C services, C&C Software, third-party content or third-party software as set forth in the Site and in accordance with the Terms and Conditions for Use.
24. Governing Law; Construction, Jurisdiction
These Terms and Conditions for Use shall be construed and governed in accordance with the internal laws of the State of California (without giving effect to principles of conflicts of law) or applicable federal statutes, codes or regulations. You and C&C irrevocably consent and submit to the exclusive jurisdiction of the United States District Court for the Central District of California and waive any objection based on venue or forum non conveniens with respect to any action instituted therein arising under these Terms and Conditions for Use.
The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
25. Place of Business of C&C and Responsibility for Compliance with Local Laws
C&C controls and operates this Site from its headquarters in Burbank, California, and makes no representation that this Site is appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
26. U. S. Export Administration Laws and Regulations
You acknowledge and agree that material on this Site is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on this Site, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia and Sudan. This list is subject to change without further notice from C&C, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
If any provision of the Terms and Conditions for Use is held for any reason to be unenforceable or illegal, that provision shall be severed from the Terms and Conditions for Use and the remainder of the Terms and Conditions for Use shall be valid and enforceable just as if the provision held to be illegal or unenforceable had never been included herein.
No waiver of any of any of the provisions of these Terms and Conditions for Use will be considered or will constitute, a waiver of any other provision, and no waiver will constitute a continuing waiver. No waiver will be binding unless executed in writing by C&C.
29. Limitation of Actions
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions for Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
30. Effect of Section Titles
The section titles in the Terms and Conditions for Use are for convenience only and have no legal or contractual effect.