TERMS OF USE


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

INTRODUCTION

Village Roadshow Entertainment Group (“VREG”) owns and operates this site (the “VREG Website”) in conjunction with our subsidiaries, affiliates, licensors, licensees, partners and others pursuant to contractual arrangements for your non-commercial, personal entertainment, information, education and communication.  You acknowledge use of the VREG Website for any other purpose is strictly prohibited.  At all times, access and use of the VREG Website is restricted to only lawful purposes.  These Terms of Use apply to and govern your use of the VREG Website.   Your use of the VREG Website signifies your agreement to be bound by these Terms of Use.   We reserve the right, at our sole discretion, to change, modify, add, remove or otherwise update these Terms of Use at any time.  VREG reserves the right at any time and from time to time to change, modify, discontinue, temporarily or permanently, the VREG Website, or any part or portion thereof, with or without notice to you.  These Terms of Use apply to and govern your use of the VREG Website.  Your use of the VREG Website signifies your agreement to be bound by these Terms of Use.   We reserve the right, at our sole discretion, to change, modify, add, remove or otherwise update these Terms of Use at any time.  Your continued use of this VREG Website following the posting of such changes and/or modifications to these terms will mean you accept those change.


If you do not agree to these Terms of Use, please do not use the VREG Website.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials contained in the VREG Website are the copyrighted and otherwise protected property of VREG or its subsidiaries or affiliated companies and/or third party licensors.   Trademarks, service marks, trade names, logos and/or domain names (including, but not limited to, the individual names of movies or other entertainment productions and providers associated herewith), where not the property of VREG, its subsidiaries or its affiliates, are trademarks, service marks, trade names, logos and/or domain names of their respective owners (“Third Party Marks”).  Nothing contained in these Terms of Use or the VREG Website should be construed as granting, by implication, estoppel, or otherwise, any license to use any trademarks, service marks, trade names, logos and/or domain names (including, but not limited to, the individual names of movies or other entertainment productions and providers associated herewith) without the written permission of VREG or the owner(s) of the Third Party Marks.

Except as otherwise expressly provided herein, you may not copy, reproduce, perform, create derivative works form, republish, upload, edit, post, transmit or distribute in any way whatsoever, any material from this site (the “Materials”) without the prior written permission of VREG.  Modification of the materials or use of the materials for any other purpose by you shall constitute a violation of copyrights and other proprietary rights.  Use of any such Material on any other website or other networked computer environment is strictly prohibited without the prior written consent of VREG.

You agree not to interfere with or interrupt or attempt to interfere with or attempt to interrupt the operation of the VREG Website in any way through any means or device.

SUBMISSIONS POLICY

VREG has a firm policy regarding unsolicited submissions.  We do not accept and/or review unsolicited material of any kind, including, but without limitation, any ideas, concepts, pitches, suggestions, characters, stories, treatments, outlines, scripts, formats, artwork, photographs, audiovisual works, musical compositions, sound recordings, and/or other similar works of any kind(collectively, “Unsolicited Material”) from any person or entity.  Any Unsolicited Material received by VREG by any means, including through this website; or by regular mail, e-mail or text message; or through social media or third party websites (such as, LinkedIn); or otherwise, will be immediately deleted, destroyed and/or returned unread at VREG’s sole discretion.

LINKED SITES

The VREG Website may contain links to third party web sites, and other parties may also reference, advertise or link to the VREG Website (collectively, “Linked Sites”).   VREG does not control such Linked Sites or the content provided through such website.

VREG is not affiliated with these Linked Sites and is not responsible for their content.  Visitors to these websites should refer to each site’s terms of use and privacy policy.

The Linked Sites do not indicate any endorsement or approval by VREG of any such Linked Site or any material contained on any such Linked Website.

The links provided on the VREG Website are for your convenience only and you access them at your own risk.

PRIVACY POLICY – GENERAL INFORMATION COLLECTION

As a general policy, no personal information is automatically collected from visitors to our site.  However, VREG or its servers may collect or track certain non-personal information.   Examples of non-personal information include the visitor’s service provider, type of browser used by the visitor and type of operating system in use by the visitor.

Such information is primarily used to provide an enhanced online experience for our visitors.  We may use this information to help diagnose problems with our server, measure usage (but only in an aggregate and non-personally-identifiable form) and to administer our site.

CHILDREN

This website is intended for a general audience and not directed to children under thirteen (13) years of age.  VREG respects the privacy of children of all ages.  VREG particularly recognizes the sensitivity of personal information concerning children under the age of thirteen (13) and therefore we do not knowingly collect any personally identifiable information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner not permitted by COPPA.   We encourage parents or guardians to supervise their children’s online activities whenever possible, and to consider the use of parental control tools available from online services and software manufacturers to create a safe, kid-friendly online environment.   These control tools may also prevent children from disclosing their name, address, e-mail address and other personal information without parental permission.

VREG does not knowingly market its products or services to minors.   However, the VREG Website may contain links to third parties that publish material not intended for children and whose privacy practices may be different from ours.   Visitors should consult these other sites’ privacy notices, as VREG is not responsible for the privacy policies or contents of these sites.

DATA SECURITY

VREG takes reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.  Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information, if any, collected thru our website.

DISCLAIMER

THE VREG WEBSITE AND ANY OF THE MATERIALS CONTAINED ON THIS VREG WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANITES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGMENT, ACCURACY, COMPLETENESS, MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT FUNCTIONS OF THE VREG WEBSITE OR FUNTIONS OF THE CONTRAINED MATERIALS ON THE VREG WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE VREG WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS ON THE VREG WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VREG OR ANY OF ITS SUBSIDIARIES, AFFILIATIES, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AND EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE VREG WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE VREG WEBSITE.

JURISDICTIONAL ISSUES

This website is controlled and operated in the State of California, United States of America.   We make no representations that materials in this site are appropriate or available for use in other locations.  If you chose to access this site from other locations, you do so at your own risk and you are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.   No software from this site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

TERMINATION

These Terms of Use are effective from the date that you first access the VREG Website or submit any information to VREG via the VREG Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use.  VREG may immediately terminate these Terms of Use, and/or your access to and use of the VREG Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. VREG may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the VREG Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the VREG Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all VREG’s rights of ownership, shall survive any termination or expiration of these Terms of Use.

GOVERNING LAW / DISPUTE RESOLUTION

These terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.   Any and all controversies, claims or disputes arising out of or related to these Terms of Use or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), except as otherwise set forth below, shall be resolved according to the following procedures which shall constitute the sole dispute resolution mechanism hereunder:

In the event that the parties are unable to resolve any Dispute informally, then such Dispute shall be submitted to final and binding arbitration.  The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or it successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”).  The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules.  The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute.  The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages.

The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award.  Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry.  If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County.  The party seeking enforcement of any arbitration award shall be entitled to an award of all costs, fees and expenses, including reasonable outsideattorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.

Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Terms of Use) in the state and federal courts of Los Angeles County.  Any Dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Terms of Use), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a California court (state or federal) of competent jurisdiction in Los Angeles County.

 GENERAL PROVISIONS

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  Any heading, caption or paragraph title contained herein is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.