Sony Pictures
Entertainment
This site is owned and operated by Columbia TriStar Interactive
which is a Sony Pictures Entertainment company ("Sony Pictures
Entertainment"). These terms of service (the "Terms of
Service" or "TOS") apply to and govern your, and
any authorized user of your account, use of this site or the Sony
Pictures Entertainment Forums (as hereinafter defined, and, collectively
referred to as the "Site"). Your use of the Site signifies
your agreement to be bound by these Terms of Service. If you do
not agree to be bound by these Terms of Service, you may not access
or otherwise use the Site. Before using the Site, please review
the Sony Pictures Entertainment Privacy Statement (the "Privacy
Statement").
License to the site
Sony Pictures Entertainment grants you a non-exclusive, non-transferable,
limited right to access, use and display the Site 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 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 this TOS.
Changes to Site and/or Terms and Conditions of Service
Sony Pictures Entertainment reserves the right, at its sole discretion,
to change, modify, add or remove any portion of the Site or this
TOS, in whole or in part, at any time. Changes to this TOS will
be effective when posted. You agree to review this TOS periodically
to be aware of any changes. Your continued use of the Site after
any changes to this TOS are posted will be considered acceptance
of those changes.
Trademarks, Copyrights & Restrictions
All trademarks, service marks, and trade names are proprietary to
Sony Pictures Entertainment Inc. and its affiliates. 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 Site or any other
web site owned or operated by Sony Pictures Entertainment (the "Site
Materials") without the prior written permission of Sony Pictures
Entertainment. However, you may download or make one copy of the
Site Materials, and other downloadable items displayed on the Site,
for personal, non-commercial home use only, provided all copyright
and other notices contained in the Site Materials are left intact.
Any modification of the Site Materials, or any portion thereof,
or use of the Site Materials for any other purpose constitutes an
infringement of Sony Pictures Entertainment's copyrights and other
proprietary rights. Use of the Site Materials on any other web site
or other networked computer environment is prohibited without prior
written permission from Sony Pictures Entertainment.
Software
From time to time, and at its sole discretion, Sony Pictures Entertainment
may make available to users certain software that may be downloaded
from this Site. In the event you 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 Sony Pictures Entertainment.
Sony Pictures Entertainment does not transfer title to the Software
to you. You own the medium on which the Software is recorded, but
Sony Pictures Entertainment retains full and complete title to the
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.
Unsolicited Submissions
Sony Pictures Entertainment is pleased to hear from its customers
and welcomes your comments regarding Sony Pictures Entertainment
products, including Sony Pictures Entertainment's online services.
Unfortunately, however, Sony Pictures Entertainment'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 Sony Pictures Entertainment'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
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, at our request, you
send or post certain specific submissions (e.g., via a message boards
or contests) or, despite our request that you not send us any other
creative materials, you send us creative suggestions, ideas, notes,
drawings, concepts, or other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, the property
of Sony Pictures Entertainment. None of the Submissions shall be
subject to any obligation of confidence on the part of Sony Pictures
Entertainment, and Sony Pictures Entertainment shall not be liable
for any use or disclosure of any Submissions. Without limitation
of the foregoing, Sony Pictures Entertainment shall exclusively
own all now known or hereafter existing rights to the Submissions
of every kind and nature, in perpetuity, throughout the universe
and shall be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the 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 Sony
Pictures Entertainment's liability exceed the amount payable to
a writer under the Writers Guild of America Basic Agreement for
a network prime time and story or teleplay.
Forums and Public Communications
As a convenience to its visitors, Sony Pictures Entertainment may
provide, from time to time and at its sole discretion, one or more
chat areas, message boards, e-mail functions, instant messaging
service, voice-mail, and other services (collectively, the "Forums").
Forums are provided by Sony Pictures Entertainment to you and others
subject to this TOS, the Guidelines for Use of the Forums, (as defined
below) the Privacy Statement, and other rules that may be published
from time to time by Sony Pictures Entertainment. Sony Pictures
Entertainment currently provides the Forums free of charge to users
who agree to abide by this TOS and the Guidelines for Use of the
Forums. Sony Pictures Entertainment 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 Forums, you agree to
(i) comply with this TOS and the Guidelines for Use of the Forums,
(ii) provide Sony Pictures Entertainment with (A) accurate, complete
and true information about yourself as required on the Forums registration
form (your "Registration Information") in order to create
your Sony Pictures Entertainment Forum Account (your "Account")
and (iii) maintain and update, as applicable, your Registration
Information with current and complete information. Users who violate
this TOS, the Guidelines for Use of the Forums, or provide inaccurate,
false, or non-current Registration Information may, at Sony Pictures
Entertainment's sole discretion, have their Account suspended or
terminated, and may be permanently banned from using any Forum or
other online Sony Pictures Entertainment service.
As part of your Account, you will be responsible for creating and
maintaining the confidentiality of your user name and password.
You are responsible for all activity occurring under your Account.
You agree that you will (i) immediately notify Sony Pictures Entertainment
of any unauthorized use of your user name or password and (ii) ensure
that you properly exit a Forum at the completion of your session.
Sony Pictures Entertainment shall have no liability for any loss
or damage arising from your Account or your failure to comply with
these requirements
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 Sony Pictures Entertainment 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;
- Transmit any Content
in any Forum that Sony Pictures Entertainment considers to be
disruptive, unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, hateful, racially, ethnically 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
Forum any person, including but not limited to, a Sony Pictures
Entertainment official, chat or message board leader, guide or
host;
- Disrupt the normal
flow of dialogue in a Sony Pictures Entertainment 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 Forums;
- 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;
- Invade the privacy
or violate any personal or proprietary right of any person or
entity; and
- Infringe the intellectual
property rights or similar rights, including but not limited to
copyrights and trademarks, of any person or entity.
By posting or uploading
Content to any Forum or submitting any other Content to Sony Pictures
Entertainment, you automatically grant (or warrant that the owner
of such rights has expressly granted) Sony Pictures Entertainment
a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
sub-license, create derivative works from and distribute such materials
or incorporate such Content into any form, medium, or technology
now known or later developed throughout the universe. In addition,
you warrant that the content as uploaded or posted by you does not
violate any person's so called "moral rights" (adroit
moral)
You understand that the uploading to and/or posting of any Content
in any Forum shall not be subject to any obligation of confidence
on the part of Sony Pictures Entertainment, and Sony Pictures Entertainment
shall not be liable for any use or disclosure of any Content. Without
limitation of the foregoing, Sony Pictures Entertainment shall exclusively
own all now known or hereafter existing rights to the Content of
every kind and nature, in perpetuity, throughout the universe and
shall be entitled to unrestricted use of the Content for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider, author or owner of the Content.
You agree to indemnify Sony Pictures Entertainment 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. While
Sony Pictures Entertainment does not and cannot review all Content
posted by users in the Forums and is not responsible for the content
of these postings, Sony Pictures Entertainment reserves the right
to delete, move, or edit Content that it, in its sole discretion,
deems abusive, defamatory, obscene, in violation of copyright or
trademark laws, violates any person's rights of privacy or publicity
or otherwise unacceptable.
Linked Sites
Sony Pictures Entertainment is not necessarily affiliated with sites
which may be linked to or from the Site (the "Linked Sites")
and is not responsible for their content. Links from the Site to
the Linked Sites are for your convenience only and you access them
at your own risk.
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell,
manipulate, or exploit any part of the Site for any commercial purpose.
Non-United States Residents
Sony Pictures Entertainment makes no representation that the Site
Materials, 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 Sony Pictures Entertainment
from its offices within the State of California, United States of
America. Sony Pictures Entertainment makes no representation that
materials in the Site are appropriate or available for use in other
locations. 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, Iraq, Libya, North Korea, Iran, 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.
Termination
You understand and agree that Sony Pictures Entertainment 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. Sony Pictures Entertainment
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 Sony Pictures Entertainment may take
any one or more of these actions without prior notice to you. Should
Sony Pictures Entertainment 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 Sony Pictures Entertainment 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.
Disclaimer
THE SITE, THE SITE 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, SONY PICTURES ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY PICTURES
ENTERTAINMENT DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS
CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE,
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE,
SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. SONY PICTURES ENTERTAINMENT
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS
OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT SONY PICTURES ENTERTAINMENT) 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 SONY PICTURES ENTERTAINMENT BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE,
EVEN IF SONY PICTURES ENTERTAINMENT 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, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SONY PICTURES ENTERTAINMENT'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 SITE.
Copyright Notice
If you believe that any Content appearing on the Site or in any
Forum 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.
Copyright Agent
Sony Pictures Entertainment Inc.
3960 Ince Blvd.
Culver City, CA 90232
Attn: Columbia TriStar Interactive, Business Affairs
Fax: (310) 840-8660
E-Mail: copyrightagent@
sonypictures.com
By this filing, Columbia
TriStar Interactive 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 17USC section 512c or elsewhere in the law.
Other
This TOS shall be governed by and construed in accordance with the
laws of the State of California and the United States of America,
without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts
located in Los Angeles County, California, and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. In no event shall you be entitled
to injunctive or other equitable relief. 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.
Updated 5/3/00
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