PLEASE READ THIS CAREFULLY BEFORE USING THIS WEB SITE.
These Terms of Use ("Terms of Use") apply to the web sites, web pages, interactive features, applications, widgets, blogs, social networks and social network "tabs", alternative reality worlds, and other online or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device or other technology (each individually, a "Site" and collectively, "Sites"). The Sites are offered by Sony Pictures Releasing (UK) and its subsidiaries or affiliated companies, including, without limitation Columbia Pictures Corporation Ltd. (collectively, "SPE," or "we", "us", "our"). We may update these Terms of Use from time to time and will post any changes to the Site. It is your responsibility to check the Site regularly for changes to these Terms of Use. If you do not agree with any change we make to the Terms of Use, you must immediately stop using the Site. The Site is intended to be used by people who access it from the United Kingdom. We cannot guarantee that the Site or the Materials (as defined below) comply with or are appropriate for use in other countries. Your use of the Site constitutes your acceptance of these Terms of Use.
ACCESS TO & AVAILABILITY OF THE SITE
We may, in our absolute discretion, change or remove (temporarily or permanently) the Site, or any part of it, without notice to you.
We make no representations or warranties as to availability of the Site. You are solely responsible for paying all expenses you may incur by accessing the Site or downloading materials from the Site. You are responsible for ensuring that any equipment or software you use to access the Site is compatible with the Site.
If you register with the Site, and a username and password is created, you are responsible for the security of your username and password. You are also responsible for any activity that may take place under your account.
THIRD PARTY LINKS
We may provide links to other websites or resources from time to time. Any such link to other websites or resources is not an endorsement of such website or resources, or any products or services advertised or referenced on such website or resource. We are not responsible for the availability and content of such websites or resources, or for any products or services advertised or referenced thereon.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trade marks, patents, database rights, design rights and all other intellectual property rights ("IP Rights") in all material on the Site (except User Generated Content, as defined below), the Site design, structure and graphics and all software and source code connected with the Site (together the "Materials") shall remain at all times vested in us or our licensors. You must not infringe any IP Rights when using the Site. You may not, directly or indirectly, and may not attempt to, reverse engineer, decompile, disassemble, adapt, modify, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way the Materials in whole or in part except to the extent permitted by these Terms of Use and/or otherwise on the Site.
You acknowledge and agree that the Site is made available for your personal non-commercial use only. You may only access, view, copy, download and/or print pages from the Site for the sole purpose of personal non-commercial use. Any other use of the Materials or the Site is strictly prohibited.
So that we can meet our obligations to third parties who own rights in the Materials, we may embed digital rights management security in the Materials and/or use other content-protection measures on the Site. You may not adjust or circumvent or try to adjust or circumvent these technical measures.
USER GENERATED CONTENT
The Site may allow you to upload, or otherwise provide or make available to the Site, videos, images, text (including, without limitation, posts to blogs and forum) and other user generated content ("User Generated Content"). You may post or upload your User Generated Content to the Site as long as you comply with our User Generated Content Standards (see below) and these Terms of Use. You grant us a perpetual, royalty-free, non- exclusive, worldwide, transferable, sub licensable license to use your User Generated Content on the Site (such use is at our absolute discretion) and for any other uses we may require in any and all media (whether existing now or invented in the future). You agree not to assert any moral or similar rights you may have in any of your User Generated Content.
You agree that your User Generated Content:
- does not infringe any IP Rights or rights of privacy/confidentiality, publicity or other rights of any other person or entity;
- does not contain any information about any person(s) under the age of 13 unless you are either his/her parent or legal guardian, or have signed permission from his/her parent or legal guardian;
- does not contain malicious code, viruses or other harmful programs or material;
- does not violate any applicable law, statute, ordinance, rule or regulation ("Applicable Laws"); and
- meets our User Generated Content Standards (see below) and complies with all Applicable Laws.
USER GENERATED CONTENT STANDARDS
You agree that before posting or uploading your User Generated Content you are responsible for obtaining all releases, consents and/or licenses necessary for uploading your User Generated Content on the Site and for any subsequent use of that User Generated Content by us in accordance with these Terms of Use.
You confirm that you are the person depicted in any images or recordings submitted as part of your User Generated Content and if you upload any images or recordings of any third party, you have obtained the prior written consent of that party to submit such User Generated Content to the Site.
You agree that whenever you submit your User Generated Content to the Site you must comply with these User Generated Content Standards, these Terms of Use and all Applicable Laws. If you do not comply we reserve the right to suspend or ban you from using the Site without notice. You agree that we are under no obligation to post your User Generated Content on the Site, or to otherwise use it. We may remove User Generated Content from the Site, in our absolute discretion, at any time and without notice to you.
You agree that your User Generated Content must be accurate and must not:
- contain any material which constitutes or encourages conduct that could be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law;
- contain any material which is defamatory, obscene or offensive;
- be likely to mislead or deceive any person;
- be made in breach of any legal duty owed to a third party such as a contractual duty or obligation of confidentiality;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be likely to disrupt our service in any way;
- give the impression it emanates from us where this is not the case; or
- advocate, promote or assist any unlawful act, for example, copyright or trademark infringement, or computer misuse.
RESTRICTIONS
You may not directly or indirectly suggest any endorsement or approval by SPE of a product or service (for instance, a personal website) or any non-SPE entity, product or content or any belief or opinion expressed within a product or service.
You may not disrupt or try to disrupt the Site. You agree not to use the Site to distribute software viruses or other harmful programs, or use the Site to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to the Site by others.
You may not harass or cause distress or inconvenience to any other person using the Site.
YOUR WARRANTIES
You warrant that:
- you will use the Site only in accordance with these Terms of Use and only for lawful purposes and in a lawful manner; and
- all information and User Generated Content which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.
PRIVACY
We are committed to protecting your privacy online. For more information please see our Privacy Policy.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, neither we, nor any other party involved in creating, producing, maintaining or delivering the Site, will be liable for any amount or kind of loss or damage that may result to you or a third party including without limitation any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, whether in tort, contract or otherwise (including without limitation negligence) in connection with: your use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites; or any amount or kind of loss or damage including without limitation any loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.
In so far as we are able we exclude all liability for all direct, indirect, punitive or consequential loss or damage which arises out of or in connection with the use of the Site.
If your use of the Site results in the need for servicing, repair or correction of your equipment, software or data, you assume all costs of this.
INDEMNITY
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms of Use by you or other liabilities arising out of your User Generated Content (including infringement of third party IP Rights) or your use of the Site or the Materials.
CONTACTING US ABOUT THESE TERMS OF USE
If you have any questions about these terms and conditions, or need to contact us for any reason in relation to the Site, please send an email to SonyPrivacy@spe.sony.com, or write to us at:
Sony Pictures Releasing (UK)
Sony Pictures Europe House
25 Golden Square
London W1R 9LU
GENERAL TERMS
- If you are entering a sweepstake or promotion ("Promotion") via the Site, you agree to comply with the separate terms and conditions applicable to such Promotion which will be provided to you at the time of entry.
- If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.
- The validity, construction, performance and enforcement of these Terms of Use (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. Any dispute shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration as in force from time to time, which Rules are deemed to be incorporated by reference into this section. For the purpose of any such arbitration: (a) the number of arbitrators shall be one, who shall be a retired judge with at least 10 years experience in commercial matters (the parties shall discuss in good faith and shall use reasonable endeavours to agree a joint nomination within ten (10) days after submission of the request for arbitration); (b) the seat, or legal place, of arbitration shall be London, England; and (c) the language to be used in the arbitral proceedings shall be English. The parties hereby waive any rights of application to the English courts for determination of a point of law under section 45 of the United Kingdom Arbitration Act 1996. The arbitrator shall have the power to grant interim and permanent injunctions and other interim measures of relief which the arbitrator may in his or her discretion consider necessary. Neither party shall be entitled or permitted to commence or maintain any action in any court 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 the arbitrator, either party may seek interim relief in the High Court of Justice of England and Wales, or, if sought by SPE, such other court as may have jurisdiction over you in addition to the High Court of Justice of England and Wales, without SPE waiving its right to have any such dispute resolved by arbitration; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the High Court of Justice of England and Wales, or, if sought by SPE, such other court as may have jurisdiction over you in addition to the High Court of Justice of England and Wales, which may be made ex parte, for confirmation and enforcement of the award. The arbitration shall be conducted in complete confidence. The fact that there is a dispute between the parties that is the subject of an arbitration shall be confidential to the same extent. The parties undertake not to disclose details of the dispute or of the arbitration except to their professional advisers, and shall procure that their professional advisers do not disclose such details. The parties shall keep confidential and not use for any collateral or ulterior purpose all documents and materials relating to the dispute, produced for, or arising in relation to, the arbitration except: so far as is necessary to implement and enforce any agreement in writing settling a dispute; as required by court order; or otherwise as required by law. 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.
- If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
- These Terms of Use do not create or infer any rights that are enforceable by any person who is not party to the Terms of Use.
- You may not assign, sub-license or otherwise transfer any of your rights and obligations in the Terms of Use to any other person.
- Our principal means of communication with you will be electronic. We will contact you by email (if you have provided it to us) or provide you with information by posting notice on the Site. You agree to electronic communications and acknowledge that all contracts, notice and other communication that we provide electronically comply with any requirement that they must be in writing. This does not affect your statutory rights.
- These Terms of Use were last updated in July 2011.