License to the Website
Lionsgate grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Website and/or Terms and Conditions of Service
Lionsgate reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Website or this TOS, in whole or in part, at any time. We will announce any changes publicly, such as by sending an email notice to all Users who have opted-in to receive email communication from Lionsgate and/or posting a notice on the Website's home page. Your continued use of the Website after the announcement of changes to these TOS will be considered unconditional acceptance of those changes.
Trademarks, Copyrights & Restrictions
All trademarks, service marks, and trade names are proprietary to Lionsgate. You should assume that everything you see or read on the Website is protected under federal and state law unless otherwise noted. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Website or any other website owned or operated by Lionsgate (the "Website Materials") without the prior written permission of Lionsgate. However, you may download or make one copy of the Website Materials, and other downloadable items displayed on the Website, for personal, non-commercial home use only, provided all copyright and other notices contained in the Website Materials are left intact. Any modification of the Website Materials, or any portion thereof, or use of the Website Materials for any other purpose constitutes an infringement of Lionsgate’s copyrights and other proprietary rights. Use of the Website Materials on any other website or other networked computer environment is prohibited without prior written permission from Lionsgate.
From time to time, and at its sole discretion, Lionsgate may make available to Users certain software that may be accessible or downloaded from this Website. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Lionsgate or a Lionsgate-approved third party software provider (“Third Party Provider”). Lionsgate does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Lionsgate and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for such Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Burma, Cuba, Iran, Iraq, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Submissions/User Generated Content
Lionsgate is pleased to hear from its customers and welcomes your comments regarding Lionsgate products, including Lionsgate’s online services. Unfortunately, however, Lionsgate’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Lionsgate’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any unsolicited original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.
If you send or post any Content (as defined below) on or to the Website (e.g., via a posting to a message board or entries to contests) (collectively, the "Submissions"), you grant to Lionsgate and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so called "moral rights" (droit moral). 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 Lionsgate’s liability exceed the amount payable to a writer under the Writers Guild of America Basic Agreement for a network prime time story or teleplay.
Submissions disclosed in Forum postings or in any other area of the Website shall not be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part. All Submissions will be deemed non-confidential, and we shall not be liable for any use or disclosure of any Submissions. Any unsolicited hard-copy Submissions sent to Lionsgate will not be acknowledged or returned and shall be deemed, and shall remain, the property of Lionsgate.
Lionsgate is not necessarily affiliated with websites that may be linked to or from the Website (the "Linked Websites") and is not responsible for their content, products or services. Links from the Website to the Linked Websites are for your convenience only and you access them at your own risk. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products, or services obtained from any Linked Websites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Purchases from Lionsgate Shop
AMAZON.COM WILL BE PROCESSING AND SHIPPING ANY PURCHASE ORDER MADE THROUGH LIONSGATE SHOP (WWW.LIONSGATESHOP.COM) . LIONSGATE IS NOT RESPONSIBLE FOR ANY CONTENT APPEARING ON THE AMAZON.COM WEBSITE. PLEASE NOTE THAT AMAZON.COM’S CONDITIONS OF USE, SHIPPING RATES AND POLICIES AND RETURNS POLICY SHALL APPLY TO YOUR ORDER. AMAZON.COM’S CUSTOMER SERVICE WILL BE RESPONSIBLE FOR HANDLING YOUR CONCERNS AND ISSUES WITH YOUR ORDER. AMAZON”S CUSTOMER SERVICE MAY BE ACCESSED AT
LIONSGATE WILL NOT BE RESPONSIBLE FOR AMAZON.COM’S DECISIONS REGARDING SUCH MATTERS OR FOR ANY OTHER MATTERS RELATED TO AMAZON.COM’S WEBSITE. PLEASE NOTE THAT AMAZON.COM GIFT CERTIFICATES OR CREDITS WITH AMAZON.COM CANNOT BE USED IN CONNECTION WITH PURCHASES THROUGH LIONSGATE SHOP.
Forums and Public Communications
Registration and Acceptance of Terms of Service
In consideration for your use of the Forums, you agree to (i) comply with this TOS, (ii) provide Lionsgate with (A) accurate, complete and true information about yourself as required on the Forums registration form (your "Registration Information") in order to create your Lionsgate Forum Account (your "Account") and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate this TOS, or provide inaccurate, false, or non-current Registration Information may, at Lionsgate’s sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or other online Lionsgate service.
As part of your Account, you will be responsible for creating and maintaining the confidentiality of your username and password. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify Lionsgate of any unauthorized use of your username or password and (ii) ensure that you properly exit a Forum at the completion of your session. Lionsgate shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Lionsgate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lionsgate grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lionsgate reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website.
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE GUIDELINES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR USE OF THE FORUMS, PLEASE DO NOT ENTER ANY FORUM.
Guidelines for Use of the Forums
You are entirely responsible and liable for all activities conducted by you and any authorized User of your Account in the Forums, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Forums ("Content"). Listed below are some, though not all, violations that may result in Lionsgate terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, User, or other individual or entity;
2. Transmit any Content in any Forum that Lionsgate considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Cause any chat room screen in any chat room to "scroll" faster than other Users are able to type to it or any action of a similar disruptive effect;
4. Impersonate in any Forum any person, including but not limited to, a Lionsgate official, chat or message board leader, guide or host;
5. Disrupt the normal flow of dialogue in a Lionsgate chat room or otherwise act in a manner that negatively affects other participants;
6. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
8. Invade the privacy or violate any personal or proprietary right of any person or entity; and
9. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
You agree to indemnify Lionsgate for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Forum or submitting any Content to us or your failure to comply with this TOS. Lionsgate makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to any Content or to the accuracy and reliability of any Content or any material or information that a User transmits to another User. While Lionsgate does not and cannot review all Content posted by Users in the Forums and is not responsible for the content of these postings, Lionsgate reserves the right to delete, move, or edit Content, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice or warning, and without liability.. If at any time we choose in our sole discretion to monitor the Website, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User submitting any such Content.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Website for any commercial purpose.
Non-United States Residents
Lionsgate makes no representation that the Website Materials, including merchandise offered for sale on the Website and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the Website from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
The Website is controlled and operated by Lionsgate from its offices within the State of California, United States. Lionsgate makes no representation that materials in the Website are appropriate or available for use in other locations.
You understand and agree that Lionsgate may, in its sole discretion and at any time, terminate your password, Account or use of any Forum, and discard and remove any Content posted or submitted by you to any Forum, for any reason. Lionsgate may also, in its sole discretion and at any time, discontinue any Forum or limit or restrict any Users access thereto, for any reason. You understand and agree that Lionsgate may take any one or more of these actions without prior notice to you. Should Lionsgate take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that Lionsgate shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your Account.
THE WEBSITE, THE WEBSITE MATERIALS, 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, LIONSGATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIONSGATE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, WEBSITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. LIONSGATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LIONSGATE) 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 LIONSGATE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE MATERIALS, OR THE SOFTWARE, EVEN IF LIONSGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. HOWEVER, IN NO EVENT SHALL LIONSGATE’S 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 THIS WEBSITE.
You agree to defend, indemnify and hold harmless Lionsgate, its parent corporation, officers, directors, employees and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any provision of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party.
Notice and Procedure for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and you believe that any Content appearing on the Website or in any Forum has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millenium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing 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 the Lionsgate to locate the material;
4. Information reasonably sufficient to permit the Lionsgate to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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
6. 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.
Notifications of claimed infringement should be sent to Lionsgate's Copyright Agent:
2700 Colorado Ave., Suite 200
Santa Monica, CA 90404
Attn: Legal & Business Affairs (Copyright Agent)
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Lionsgate customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Upon receipt of the written notification as outlined above:
1. Lionsgate will remove the material that is alleged to be infringing; and
2. Lionsgate will forward a copy of the written notification to the alleged infringer.
The alleged infringer has the right to file a counter-notification by providing the Copyright Agent with the following information:
1. A physical or electronic signature.
2. Identification of the material that has been removed and the location at which the material appeared before it was removed.
3. A statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed.
4. His/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under 17 U.S.C. 512(c)(1)(C) or an agent of such person.
By this notice, Lionsgate seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.
Sweepstakes, Contests and Promotions
Any sweepstakes, contest or similar promotion made available through the Website will be governed by specific rules that are separate from and may vary from these Terms of Service. By participating in any such sweepstakes, contest or promotion, you will become subject to those specific rules, though you remain subject to these Terms of Service to the extent they do not conflict with the specific rules.
You are solely responsible for your interactions with other Lionsgate Users. Lionsgate reserves the right, but has no obligation, to monitor disputes between you and other Users.
Ability to Accept Terms
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Pursuant to 47 U.S.C. Section 230(d), as amended, Lionsgate hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communication_and_Information_Management
Please note that Lionsgate does not endorse any of the products or services listed at such Website.
This TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. This TOS may not be amended, nor any obligation waived, without Lionsgate’s written authorization. Any failure to enforce any provision of this TOS shall not constitute a waiver thereof or of any other provision thereof.
This TOS shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California. Any dispute or claim arising out of or relating to this TOS shall be submitted to and settled by binding arbitration conducted before a single arbitrator in Los Angeles in accordance with the Federal Arbitration Act, to the extent that such rules do not conflict with any provisions of this TOS. Said arbitration shall be under the jurisdiction of Judicial Arbitration and Mediation Services, Inc. in Los Angeles, California. Any award, order, or judgment pursuant to such arbitration shall be deemed final and binding and may be entered and enforced in any state or federal court of competent jurisdiction. Each party agrees to submit to the jurisdiction of any such court for purposes of the enforcement of any such award, order, or judgment.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Lionsgate’s production, distribution, license, and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.
If any provision of these TOS 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.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the website is Lions Gate Entertainment Inc., 2700 Colorado Ave., Suite 200, Santa Monica, CA 90404. To file a complaint regarding the website or to receive further information regarding use of the website send a letter to the above address or email firstname.lastname@example.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
This Website may contain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements reflect our current views with respect to future events and are based on assumptions and are subject to risks and uncertainties. Except for our ongoing obligation to disclose material information as required by federal securities laws, we undertake no obligation to update you concerning any future revisions to any forward-looking statements. Factors that could cause actual results to differ materially from those expressed or implied by the forward-looking statements include, but are not limited to, those risk factors contained in our filings with the Securities and Exchange Commission.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2008-2009 Lions Gate Entertainment Inc. All Rights Reserved.