WWW.SUMMITPUBLICITY.COM
TERMS OF USE
IMPORTANT! PLEASE READ THESE TERMS OF USE ("TERMS") BEFORE USING WWW.SUMMITPUBLICITY.COM (THE "SITE"). THE TERMS RESTRICT YOUR ACTIVITY ON THE SITE AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY CLICKING THE "ACCEPT" BUTTON ASSOCIATED WITH THESE TERMS OR OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS.
This Site is owned and operated by Summit Entertainment, LLC ("Summit"). This is a closed trade web site intended only for entertainment journalists or employees of accredited media outlets ("Media Outlet(s)") and other individuals, all of whom must be pre-approved by Summit through Summit's authorization process (each, an "Authorized User," "you," or "your"). If you or the Media Outlet for which 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 all or part of the Site at any time for any reason and without further notice to you.
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 (collectively the "Pictures"); (b) trademarks, logos, trade names, service marks, and trade identities, including the individual names of 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 United States, Canadian, and international copyright, trademark, patent, trade dress, and/or other proprietary rights and laws.
2. Site and Content Usage. Subject to your strict compliance with these Terms, these Terms constitute the terms and conditions pursuant to which Summit grants you a limited, 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") solely for journalistic purposes in news media items that review, publicize, or comment on the Pictures in and/or as part of the Media Outlet's news media function. This Site and the Content may not be used for any commercial purpose whatsoever. In that regard, this License does not permit you or any Media Outlet to make, publish, or distribute any other publications or programs about or related to the Content that are not part of the Media Outlet's news media function, create any so-called fanzines, photo or tribute books or magazines, or similar publications relating to the Pictures or using or featuring the Content, or create any merchandise bearing, using, and/or related to the Content. By way of example only, you and/or Media Outlet are not permitted to make, publish, distribute or sell any collectible editions, souvenir books, magazines, or print publications, audiovisual programs, or other media products concerning the Pictures associated with the Content. The License granted to you by these Terms shall expire upon the earlier of (a) sixty (60) days from the theatrical release date in the United States of the applicable Picture associated with the Content; (b) one (1) week from the initial air date of the authorized entertainment programming produced, broadcast, and/or distributed by Media Outlet which incorporates the Content; or (c) such other period that may be designated by Summit. If you seek to use any Content after the expiration of this License, you must obtain a separate, prior written Materials Use License from Summit, which may be granted or withheld in Summit's sole discretion for any reason and which may require payment of a license fee. Any other uses of the Site and/or Content, including, without limitation, the sale and copying of any Content for inclusion in or on any goods, products, or services (whether distributed for free or sold commercially), are expressly prohibited.
Additionally, as a condition of use of the Site and Content, 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; (c) 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 Picture to which the Content pertains and under the requirements of this License; and (d) you will not use the Content or the names, images, likeness, personas, or biographical images of the performers that appear in the Pictures associated with the Content ("Performers") in any manner which could constitute an express, direct, or indirect tie-in with or endorsement of the Media Outlet and/or any product, service, or sponsor thereof or create a false association, affiliation, or sponsorship with Summit, the Pictures, or the Performers, including, without limitation, use on any goods, products, or services.
Unauthorized use of 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. By using the Site, you agree never to challenge the validity, ownership, or use of any intellectual property and/or publicity rights owned and/or controlled by Summit associated with the Pictures or the Content.
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 the License set forth by these Terms. You acknowledge and agree that neither you nor your Media Outlet acquire any ownership rights by virtue of downloading or using any Content from the Site or any right to use the Content for any commercial purpose. Summit will, at all times anywhere in the world, have the right to use or authorize others to use the Content in any manner or media it may desire.
4. Restrictions. While on the Site and/or accessing or using 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; (d) you will not interfere with the operation or security of the Site or network that operates the Site; (e) you will not circumvent or attempt to circumvent any digital rights management tools or protections included with or accompanying any Content; and (f) if you make any Content publicly available on your or your Media Outlet's digital media, including without limitation, web site(s), applications, emails or other electronic messages, news or RSS feeds, or other internet-enabled activities or devices, you will ensure that it is done so in a low-resolution manner.
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 Media Outlet 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; (e) you have the authority on behalf of your Media Outlet to agree to these Terms and to comply with the License; and (f) you will comply in every respect with these Terms and the License. If you provide any information that is untrue, inaccurate, not current, or incomplete or if Summit has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete or that you are not complying with these Terms or have otherwise violated the License granted to you, Summit has the right to refuse any and all current or future use of the Site or the Content (or any portion thereof).
If Summit approves you to become an Authorized User, Summit will send you an e-mail confirming your username and password within a reasonable period of time from receipt of your registration request. Once you have registered with the Site and become an Authorized User, you will not need to re-register unless you change your company affiliation, e-mail address, or other contact information. In such event, your access to the Site and right to use the Content will immediately terminate until such time that you re-register with the Site and are re-approved as an Authorized User.
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 Pictures; (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: (i) 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; (ii) 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; (iii) 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; and (iv) Summit's agents, legal representatives, and other third parties to investigate a potential misuse of the Site and/or the Content. Please be aware that any personal information you provide to us will be collected in the United States and will be transferred to Canada. By using this Site and/or providing us with your personal information, you consent to the collection, transfer, and processing of your personal information to and from both the United States and Canada and agree that your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.
7. Password; Security and Investigations. You agree that: (a) you are responsible for maintaining the confidentiality of your password and username; (b) you are fully responsible for all activities that occur under your password or username; (c) you will not sell, transfer, share, rent, 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 if you become aware 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.
If Summit believes, in its sole discretion, that a violation of these Terms has occurred, it may warn users, suspend users and passwords, terminate accounts, investigate the violation, or take other corrective action it deems appropriate. YOU WAIVE AND HOLD HARMLESS SUMMIT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUMMIT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUMMIT OR LAW ENFORCEMENT AUTHORITIES.
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, ACCURACY, 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, AND/OR 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 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 (a) your use of the Site and Content in violation of these Terms or any law or regulation; and/or (b) your breach or alleged breach of the License granted to you. 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 the License granted herein and your access to the Site to be automatically terminated. You may terminate the License granted to you by discontinuing use of the Site and removing all Content from all your computers, devices, servers for your computers and devices, and any remote or cloud computer services. Summit may terminate the License by terminating your access to the Site or by notice to you, at Summit's sole discretion. Upon termination of the License, you will immediately discontinue use of the Content and destroy any copies of Content in your possession, including deleting any downloaded Content from your computers, devices, servers for your computers and devices, and any remote or cloud computer services.
12. Remedies. You agree that a breach by you of any of your undertakings under these Terms would cause Summit irreparable 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 a preliminary/interlocutory and permanent injunction precluding your further use of the Site or the Content in addition to any other rights and remedies provided for herein or by law. You agree that you will not have the right to enjoin or restrain the development, production, launch, advertising, exhibition, or exploitation of the Site, any of the Content, or the Pictures. In an action for violation of these Terms and/or a breach of the License, the prevailing party shall be entitled to all of its or his reasonable attorneys' fees, expert witness fees, and costs.
13. Governing Law and Jurisdiction. These Terms and the resolution of any dispute related to these Terms, the License, 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 the License or otherwise arising out of usage of the 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 has and will have the right to terminate the License and to withdraw authorization granted by these Terms 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 its sole discretion.
17. Modification. Summit may, in its sole discretion, modify, amend, or supplement these Terms from time to time by posting revised Terms on the Site. By continuing to access the Site, you agree to any and all revised Terms on the Site.