TERMS OF SERVICE

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

Effective Date: July 1, 2007

This Web site (the “Site”) is owned and operated by Sony Pictures Entertainment Inc. or one of its subsidiary companies (collectively, “SPE” or “we”). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any use by another person, of your User Account, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service and the SPE Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference.

For purposes of the TOS, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by, the Site (including a User Account as defined below), whether or not such services are also provided or delivered by other means or media such as via physical delivery, email, or software or wireless devices; (B) “Site” shall mean this site; (C) “Site Content” shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by SPE, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, downloadable software, and other content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) “User Account” means any account created by you, through a registration process for the purpose of accessing or using certain other Services.

LICENSE TO USE THE SITE

SPE grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site 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 these TOS or by law.

CHANGES TO SITE AND/OR TERMS OF SERVICE

SPE reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the TOS, and/or the Privacy Policy, in whole or in part, at any time. Changes to the TOS and Privacy Policy will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the TOS and/or Privacy Policy are posted will be considered acceptance of those changes and constitute your agreement to be bound thereby.

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site or Services, of any information about you contained in any applicable SPE database and/or physical files, if SPE or one of its companies assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of SPE’s or such SPE company’s assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site’s subsequent owner or operator.

OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY

The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to SPE and are owned by SPE and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by SPE, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an “Unauthorized Use”).

Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of SPE and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.

SOFTWARE

>From time to time, and at its sole discretion, SPE may make available to users certain software that may be accessible or downloaded from this Site. 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 SPE or a SPE-approved third party software provider (“Third Party Provider”). SPE does not transfer title to the Software to you. You own the medium on which the Software is recorded, but SPE 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 its Software. Software from this Site is further subject to all U.S. and applicable local export controls. No software from this Site may be downloaded or otherwise exported or re-exported in contravention of such laws. 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 restricted country or on any prohibition list pursuant to such laws.

SUBMISSIONS

SPE is pleased to hear from its customers and welcomes your comments regarding SPE products and services, including this Site. Unfortunately, however, SPE's long-standing company policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SPE's or its affiliates’ professional staff might seem to others to be similar to their own creative work.

If, at our request, you send or post (e.g., via message boards or contests) certain specific submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the exclusive property of SPE. None of the Submissions shall be subject to any obligation of confidence, attribution or compensation on the part of SPE, and SPE shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SPE shall exclusively own the copyright and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and SPE shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any person’s so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world and you agree to waive any moral rights that you might have in such Submissions. 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 SPE’s total liability exceed $5,000.00.

You are entirely responsible for your Submissions, and agree to indemnify SPE for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the TOS. You understand that by using the Site and the Services, you may be exposed to content that is offensive or objectionable. SPE does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, SPE reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable. Under no circumstances will we be liable for any loss or damage caused by your reliance on any opinion, advice, information or statement posted, transmitted or otherwise made available by third parties on or through the Site or the Services. Remember that it is your responsibility to evaluate the accuracy and reliability of any such material.

Please refer to the GUIDELINES FOR USE OF THE SERVICES below for additional information concerning Submissions.

SPE SERVICES AND RULES FOR USE

As a convenience to its visitors, SPE may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by SPE to you and others subject to the Guidelines set forth below, the Privacy Policy, all other rules that may be published from time to time (all of which rules are hereby incorporated into the TOS) and all other provisions of the TOS. SPE currently provides the Services free of charge to users who agree to be bound and abide by the rules and the TOS. SPE reserves the right to change the nature of this relationship at any time.

REGISTRATION AND ACCEPTANCE OF TERMS

In consideration for your use of the Services, you agree to (i) comply with the TOS, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services or other area of the Site where you can provide information (your "Registration Information"), and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the TOS, or provide inaccurate, false, or non-current Registration Information may, at SPE’s sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.

As part of any User Account that you may create, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify SPE of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. SPE shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements

GUIDELINES FOR USE OF THE SERVICES

You are entirely responsible and liable for all activities conducted by you, and/or any other user of any User Account you may create on or through the Site and/or of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music, other information or material, or any other Submission to any portion of the Services. Listed below are some, though not all, violations that may result in SPE terminating or suspending your User Account and/or access to SPE Services and/or pursuing any other legal remedies available to SPE. You agree not to do any of the following actions while using any SPE Service:

Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
Transmit, in connection with any Service, any Submission that SPE, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
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;
Impersonate in any Service, any person, including but not limited to, a SPE official or representative, chat or message board leader, guide or host;
Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
Invade the privacy or violate any personal or proprietary right of any person or entity; or
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
Post, transmit, or otherwise make available any personally identifying information about any other person (such as phone numbers or addresses).
Use the Site, Services, and/or Software for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities.

You understand that any content that you upload, transmit, and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.

LINKED SITES

SPE sites may frame, and/or contain links to or advertisements about, non-SPE Web sites. Other sites may also reference, advertise, or link to SPE sites. SPE does not endorse or sponsor other Web sites and is not responsible for the content of such sites. SPE expressly disclaims any statements or assertions made on non-SPE Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

NON-UNITED STATES RESIDENTS

SPE makes no representation that the Site Content, including merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. 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.

JURISDICTIONAL ISSUES

The Site is controlled and operated by SPE from its offices within the State of California, United States of America. Use of this Site constitutes your consent and submission to service of process under applicable United States or California law and to personal jurisdiction in a court of competent jurisdiction in the State of California for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or any SPE Site or Service.

TERMINATION

You understand and agree that SPE may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard and remove any and all Submissions submitted or posted by you to any SPE Site or Service, for any reason. SPE may also, in its sole discretion and at any time, discontinue any Sites or Services or limit or restrict any user access thereto, for any reason. You understand and agree that SPE may take any one or more of these actions without any notice to you, prior or otherwise. Should SPE take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account or other use of the Site or Services, including your Registration Information and Submissions. You understand and agree that SPE shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning you or your User Account.

DISCLAIMER

THE SITE, SITE CONTENT, SITE CODE, SERVICES, PRODUCTS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. SPE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, PRODUCTS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. SPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, PRODUCTS, OR SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SPE) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, PRODUCTS, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. 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 SPE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF SPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE SPE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, SPE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPE'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 TO SPE, IF ANY, FOR ACCESSING THIS SITE.

COPYRIGHT NOTICE

If you believe that any Submissions or any Site Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

By this notice, SPE 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 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.

OTHER

GOVERNING LAW; ARBITRATION

This Agreement shall be deemed to have been negotiated and entered into in the State of California and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (other than their rules of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby). If either party should waive any breach of any provision of this Agreement, it shall not thereby be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.

You and SPE (collectively, the “parties”) agree that any and all actions or proceedings arising in connection with, touching upon or relating to this Agreement, the breach thereof and/or the scope of the provisions of this paragraph shall be submitted to JAMS (“JAMS”) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Los Angeles County, California, before a single arbitrator who shall be a retired judge, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to this Agreement shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). Notwithstanding the foregoing, the arbitrator may require that such fees be borne in such other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Los Angeles County, California or, if sought by SPE, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this section. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to SPE, its parents, subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

SEVERABILITY

If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, rules and regulations in connection with your activities on this Site and under these TOS, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act and similar local export control laws, as amended to assure that the Site Content, Site Code, Services and Software are not exported in violation of such laws.