Effective Date: July 18, 2008
WWW.SUMMITPUBLICITY.COM
TERMS OF USE
TERMS OF USE
IMPORTANT! PLEASE READ THESE TERMS OF USE ("TERMS") BEFORE USING WWW.SUMMITPUBLICITY.COM (THE "SITE"), AS THE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY CLICKING THE "ACCEPT" BUTTON ASSOCIATED WITH THESE TERMS, YOU AGREE TO THESE TERMS.
This Site is owned and operated by Summit Entertainment, LLC ("Summit"). This is a closed web site intended only for entertainment journalists or employees of accredited media outlets and other individuals who are pre-approved by Summit through Summit's authorization process (each, an "Authorized User", "you" or "your"). If you, or your organization for whom you have accessed this Site, is a party to, or becomes a party to, another agreement with Summit that governs your use of the Site, the terms of that agreement will supersede these Terms to the extent they conflict.
The Site is not intended for viewing or use by anyone other than an Authorized User. Summit reserves the right to refuse, restrict or terminate access to any or all of the Site at any time for any reason.
1. Ownership. This Site contains: (a) copyrighted material, such as photographs, graphics, key art, electronic press kits, images, video and audio clips, trailers and other advertising and publicity materials of motion pictures and other entertainment programming; (b) trademarks, logos, trade names, service marks, and trade identities, including the individual names of motion pictures, or other entertainment properties and providers; and (c) other forms of intellectual property (all of the foregoing collectively and individually are referred to as "Content"). This Site (including past, present and future versions) and its Content are owned by Summit or its licensors. All right, title, and interest in and to the Content available via the Site is the property of Summit or its licensors, and is protected by U.S., Canadian and international copyright, trademark, patent and/or other proprietary rights and laws.
2. Site and Content Usage. These Terms constitute the terms and conditions pursuant to which Summit provides you a non-exclusive, revocable, non-assignable license ("License") to access the Site and download, stream or otherwise use the Content (as applicable) in the United States and Canada only ("Territory"). The Content may be used by you only for journalistic purposes in connection with and/or related to motion pictures and other entertainment programming distributed by Summit and its licensors (each a "Program" and collectively, "Programs"). You agree to comply with all policies and procedures that may be posted by Summit on the Site regarding Content use. Additionally, you agree that: (a) you will not edit, alter or modify any of the Content without Summit's prior written approval; (b) your use of the Content will not violate any law or regulation; (b) you will include credit and legal lines and restrictive legends, in the form, placement and size, as may be specified by Summit for the particular Program to which the Content pertains; and (d) you will not use the Content or the names, images, likeness or biographical images of the performers in the Program in any manner which could constitute an express, direct or indirect tie-in with or endorsement of any product, service, sponsor or of your media outlet.
Unauthorized use the Content may be a violation of law which may result in civil and criminal liability. Summit has the right to enforce its intellectual property rights to the fullest extent of the law.
3. Reserved Rights. Summit hereby reserves all of its rights in and to the Site and Content that are not expressly granted to you in these Terms. You acknowledge and agree that you do not acquire any ownership rights by virtue of downloading any Content from the Site. Summit will at all times, anywhere in the world, have the right to use or authorize others to use the Content in any manner it may desire.
4. Restrictions. While on the Site and/or accessing the Content, you agree that: (a) you will keep the Content in a secure location and will not attempt to violate the security of the Site; (b) you will not remove any copyright, trademark or other proprietary notations from the Content; (c) you will not attempt to decompile, reverse engineer or disassemble any software contained on the Site; and (d) you will not interfere with the operation or security of the Site or network that operates the Site.
5. Registration. When you register to become an Authorized User, you represent and warrant to Summit that: (a) you are using your actual identity; (b) the information you provide to Summit about you and your organization is true, complete, correct, and current; (c) you will maintain and promptly keep that information up to date; (d) you are of sufficient legal age (in your state/province or territory of residence) and mental capacity to enter into these Terms; and (e) you have the authority on behalf of your organization to enter into these Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or Summit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Summit has the right to refuse any and all current or future use of the Site (or any portion thereof).
If Summit approves you to become an Authorized User, Summit will send you an email confirming your username and password within a reasonable period of time from receipt of your registration request.
6. Use of Personal Information. When you register, Summit may retain and use your personal information for many purposes, including, but not limited to: (a) for sending you press releases and other communications regarding the Programs; (b) for sending you offers or promotional materials on behalf of Summit or third parties; (c) for communicating with you regarding information, features or offers that Summit believes will be of interest to you; (d) for responding to your questions or other requests; (e) for contacting you with regard to your use of the Site, including, without limitation, changes to the Site's Terms of Use or other Site policies; and (f) for other business purposes or for other purposes disclosed at the time you provide your personal information. In connection with the foregoing, you consent to such use of your personal information for such purposes and agree that Summit may share your personal information with: (a) outside parties who work on Summit's behalf to support Summit's business needs or to provide a product or service for you on Summit's behalf; (b) a subsequent owner, co-owner or operator of the Site and/or in connection with a corporate merger, consolidation, restructuring, reorganization, issuance of securities, the sale of substantially all of Summit's stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process; and (c) governmental authorities, if Summit is required to respond to subpoenas, court orders, legal process or other valid law enforcement measures or when Summit believes in good faith that the law requires disclosure.
7. Password and Security. You agree that: (a) you are responsible for maintaining the confidentiality of your password; (b) you are fully responsible for all activities that occur under your password or username; (c) you will not sell, transfer or assign your access rights to the Site to any third party or otherwise provide access to any third party; (d) you will close the browser that you use to access the Site at the end of each session; and (e) you will immediately notify Summit of any unauthorized use of your password or username or any other breach of security. Summit reserves the right to require you to periodically change your password.
8. Disclaimer of Warranties. THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCCURACY OR COMPLETENESS OF CONTENT. SUMMIT DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUMMIT IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE (INCLUDING THE CONTENT) OR YOUR USE OF THE SITE, EVEN IF FORESEEABLE OR EVEN IF SUMMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). SUMMIT IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION AND YOU ARE SOLELY RESPONSIBLE FOR ANY REPAIR, REPLACEMENT, SERVICE OR OTHER COSTS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO SUMMIT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE TEN UNITED STATES DOLLARS (U.S. $10).
10. Indemnification. You agree to indemnify, defend and hold Summit and each of its affiliates and their respective members, managers, officers, directors, employees, agents, and other representatives (collectively, the "Summit Parties") harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including, without limitation, attorneys' fees and any payments that may be due any director, actor, union, guild or other party, individual, entity and/or organization), or other expenses arising out of your use of the Site and Content in violation of these Terms or any law. Summit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Summit.
11. Termination. Your failure to comply with these Terms will cause these Terms and access to the Site to be automatically terminated. Either party may terminate these Terms upon notice to the other party. Upon termination of these Terms, you will immediately discontinue use of the Content and destroy any copies of Content in your possession, including deleting any downloaded Content from your computer.
12. Remedies. You agree that a breach by you of any of your undertakings under these Terms would cause Summit damage which could not readily be remedied by an action at law and might, in addition, constitute an infringement of copyright and/or trademark and/or other applicable laws, and/or a violation of moral rights (where applicable). Any such breach would, therefore, entitle Summit to equitable remedies, costs and attorneys' fees in addition to any other rights and remedies provided for herein or by law. Moreover, you agree that you will not have the right to enjoin or restrain the development, production, launch, advertising, exhibition or exploitation of the Site, the Content or any Program.
13. Governing Law and Jurisdiction. These Terms and the resolution of any dispute related to these Terms, the Site or Content will 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. Any legal action or proceeding between Summit and you related to these Terms or otherwise arising out of usage of this Site or Content will be brought exclusively in a federal or state court of competent jurisdiction sitting in or having jurisdiction over the County of Los Angeles, State of California, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
14. Withdrawal of Content. For any of the Content, Summit will have the right to terminate the Terms and to withdraw authorization granted hereunder in the event Summit no longer controls the rights necessary to grant the rights hereunder or in the event that in Summit's sole business judgment Summit deems it appropriate to do so.
15. Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
16. Waiver. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Summit has the right to determine your compliance with these Terms in our sole discretion.
17. Modification. Summit may, in its sole discretion, modify, amend or supplement these Terms from time to time by providing written notice to you.
