  PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.
This web site (the "Site") is owned and operated by Sony Pictures Releasing Pty Limited ABN 28 000 030 115 and/or its related companies (collectively, "SPR"). 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 SPR 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, and the Services include, without limitation, services, products films, promotions and information about SPR and SPR's brands, services and products (whether delivered through electronic messages, websites, ordinary mail or otherwise).; (B) "Site Content" shall mean any and all human readable, audio and/or visual elements of this Site, created or owned by SPR, 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, and other content made available through the Site; (C) "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; (D) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services. LICENSE TO USE THE SITE CHANGES TO SITE AND/OR TERMS OF SERVICE CHANGES IN SITE OWNERSHIP OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS SOFTWARE SUBMISSIONS SPR SERVICES AND RULES FOR USE REGISTRATION AND ACCEPTANCE OF TERMS GUIDELINES FOR USE OF THE SERVICES LINKED SITES GOVERNING LAW TERMINATION DISCLAIMER LIMITATION OF LIABILITY COPYRIGHT NOTICE OTHER SEVERABILITY LICENSE TO USE THE SITE SPR 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 authorised, will be a violation of these TOS and may constitute a copyright infringement. 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 SPR 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. In case of any material change to the TOS, we will replace the "Terms of Service" link on the home page of our sites with a link entitled "Updated Terms of Service" for no less than 30 days. All changes to the Privacy Policy and/or Terms of Service will be effective when posted, and your continued use of any SPR site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes. 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, of any information about you contained in the applicable SPR database, to the extent SPR assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of SPR's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular 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 INTELLECTUAL PROPERTY RIGHTS The Site, Site Content, Site Code, and all intellectual property rights therein are owned by SPR and/or its licensors and content providers, and are protected by applicable domestic and international laws. Unless expressly permitted in writing by SPR, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, communicate, 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 "Unauthorised Use"). Any Unauthorised Use may constitute an infringement of the intellectual property rights of SPR and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of intellectual property laws may be subject to civil and criminal penalties. SOFTWARE From time to time, and at its sole discretion, SPR 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 SPR or a SPR-approved third party software provider ("Third Party Provider"). SPR does not transfer title to the Software to you. You own the medium on which the Software is recorded, but SPR and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. To the extent that any law permits such limitations, 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 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) Cuba, Iran, Iraq, Libya, 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 SPR is pleased to hear from its customers and welcomes your comments regarding SPR products and services, including this Site. Unfortunately, however, SPR'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 SPR'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 SPR. None of the Submissions shall be subject to any obligation of confidence on the part of SPR, and SPR shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, it is the intention that all now known or hereafter existing rights in the Submissions of any kind and nature, in perpetuity, throughout the universe will vest in SPR, and SPR 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. You agree that you will do all things necessary and sign all necessary documents to ensure that ownership of the Submissions, including all copyright and other intellectual property rights in the Submissions, vests in SPR. In addition, you warrant that your Submissions do not violate any person's "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. 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 SPR's total liability exceed $5,000.00. You agree to indemnify SPR 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. SPR does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, SPR reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, unlawful, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable. Please refer to the GUIDELINES FOR USE OF THE SERVICES below for additional information concerning Submissions. SPR SERVICES AND RULES FOR USE As a convenience to its visitors, SPR 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 SPR to you and others subject to the TOS, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by SPR. SPR currently provides the Services free of charge to users who agree to be bound and abide by the Rules. SPR 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 Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at SPR'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 your User Account, 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 memorise 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 unauthorised access to your User Account and the information therein. You agree that you will (i) immediately notify SPR of any unauthorised use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. SPR 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 your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in SPR terminating or suspending your User Account and/or access to SPR Services. You agree not to do any of the following actions while using any SPR Service:
LINKED SITES SPR sites may frame, and/or contain links to or advertisements about, non-SPR web sites. Other sites may also reference, advertise, or link to SPR sites. SPR does not endorse or sponsor other web sites and is not responsible for the content of such sites. SPR expressly disclaims any statements or assertions made on non-SPR web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements. GOVERNING LAW The Site is controlled and operated by SPR from its offices in New South Wales, Australia. Your use of this is governed by the laws applying in New South Wales. You submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Service, or arising from the use of your User Account and/or any SPR Site or Service. TERMINATION You understand and agree that SPR 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 SPR Site or Service, for any reason. SPR 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 SPR may take any one or more of these actions without any notice to you, prior or otherwise. Should SPR 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, including your Registration Information and Submissions. You understand and agree that SPR 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 your User Account. DISCLAIMER The Site, Site Content, Site Code, Services, 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, SPR disclaims all warranties, 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. SPR 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 the Software are free of viruses or other harmful components, or that the Site, Site Content, Site Code, Software or server do not violate any patent or other intellectual property rights of any person. SPR does not warrant or make any representations regarding the use or the results of the use of the Site, the Site Content, the Site Code, the Services or the Software, in terms of their correctness, accuracy, reliability, or otherwise. You (and not SPR) assume the entire risk as to the quality and performance of the Site, Site Content, Site Code, Services, 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 SPR be liable for any indirect, special, exemplary, loss of profits, loss of opportunity 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 SPR has been advised of the possibility of such damages. While SPR takes precautions against security breaches, no web site or internet transmission is completely secure, and as such, SPR shall not be liable for any indirect, special, exemplary, loss of profits, loss of opportunity or consequential damages that may result from unauthorised access, hacking, data loss, or other breaches that may occur. Applicable law may not allow the limitation or exclusion of liability or exemplary, loss of profits, loss of opportunity, incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SPR'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 SPR, 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:
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 SEVERABILITY If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be severed from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Posted: 9 June 2010 ©2010 Sony Pictures Releasing Pty Ltd. All Rights Reserved. |