PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE (THE “SITE”), YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.
USE OF SITE
Treehouse Pictures reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by Treehouse Pictures and contains material that is derived in whole or in part from material supplied and owned by Treehouse Pictures and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). Treehouse Pictures neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Treehouse Pictures.
DISCLAIMER OF WARRANTIES
While Treehouse Pictures uses reasonable efforts to include up to date information in the Site, Treehouse Pictures makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. Treehouse Pictures has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party materials on the Site. Neither Treehouse Pictures, its subsidiary companies, affiliates, or suppliers operate or control in any respect the information, products or services on these Third Party Sites. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, TREEHOUSE PICTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. TREEHOUSE PICTURES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL TREEHOUSE PICTURES, ITS SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, TREEHOUSE PICTURES’ REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TREEHOUSE PICTURES OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TREEHOUSE PICTURES, ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SUBMISSIONS
PLEASE READ CAREFULLY. THIS IS A CONTRACT BETWEEN YOU AND TREEHOUSEPICTURES, LLC (“COMPANY”). COMPANY DOES NOT ACCEPT ANY UNSOLICITED MATERIALS. BY SUBMITTING ANY UNSOLICITED MATERIALS (“MATERIALS”) TO COMPANY YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANY OF THE TERMS THAT FOLLOW OR DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, DO NOT SUBMIT ANY MATERIALS TO COMPANY.
Company, as a matter of policy, can accept and review the materials only if you agree to the terms and conditions in this agreement. You acknowledge that in accordance with Company’s established policy, Company has refused to accept, review, examine or otherwise evaluate the Materials without your acceptance of all of the provisions of this agreement, and that you have not submitted the Materials to Company before entering into this agreement. You recognize that Company is in the business of developing or causing to be developed technology, ideas, and creative, audiovisual, motion picture, television, literary, musical, video or other artistic materials, and that among such materials (collectively, the “Company Materials”) may be materials similar to the Materials. You further understand and agree that Company has access to or may receive numerous submissions of ideas, proposals, formats, stories, suggestions and the like, and you also recognize that Company has access to and/or may create materials or have created materials and ideas which may be similar or identical to the Materials in theme, idea, format or other respects. You agree that you will not be entitled to any compensation because of any use by Company of any such similar or identical material which may have been independently created by Company or may have come to Company from any other source. You understand and agree that no confidential relationship is established by my submitting the Materials to Company. You hereby agree to waive, and not to assert or maintain against Company, its parent entities, members, employees, officers, directors, subsidiaries, licensees, successors, assigns and affiliates (collectively, the “Released Entities”) any claim, suit or demand of any kind based on any actual or alleged similarity between any of the Materials and any Company Materials (whether already existing or hereafter created) and/or with regards to the use of ideas independently developed by the Released Entities that are demonstrably similar to the Materials. You further agree that you will acquire no rights of any kind with respect to any of Company’s past, present or future products or properties by virtue of your submission of any Materials and any part of the Materials which does not in itself constitute legally protectable intellectual property may be used by Company without any liability to me and that under no circumstances will Company’s acceptance and/or review of the Materials interfere with or impede Company’s ability to continue carrying out its regular business activities in any manner it chooses. You represent and warrant that you have the right and authority to submit the Materials to Company upon the terms and conditions stated in this agreement, and that the Materials do not and shall not infringe on any rights of any third party, and no consent, permission or license is required from any third party for Company’s use of the Materials under this agreement. You agree to indemnify and hold the Released Entities harmless from and against any and all loss, cost, liability or expenses (including without limitation court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from any breach or claimed breach of any of the representations and warranties made by you in this agreement and/or from any claim that Company’s possession and/or review of the Materials infringes any proprietary or other right of any third party. You have retained at least one copy of the Materials, and you hereby release the Released Entities from any and all liability for any loss, or damage of or to the copies of the Materials submitted to Company hereunder. You understand that Company is not, and does not anticipate becoming, a signatory to any union or guild or other collective bargaining agreement that may be construed to relate to this agreement; you therefore understand that no collective bargaining agreement grants rights separate from or supplemental to this agreement. This agreement is the entire agreement between you and Company with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings between me and Company, whether written or oral, express or implied. Should any provision of this agreement (or part thereof) be found to be void or unenforceable, such provision (or part thereof) shall be deemed omitted, and this agreement shall otherwise remain in full force and effect. This agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California, and the parties hereby agree to the exclusive jurisdiction of California state courts and any federal court sitting in the city of Los Angeles, California, and exclusive venue in the courts located in Los Angeles, California. Company may assign this agreement without restriction; this agreement is personal to you and may not be assigned by you without Company’s written consent. This agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the successors and assigns of each party to this agreement. If more than one party enters into this agreement as submitter, the reference to “you”or “your” throughout this agreement shall apply to each such party jointly and severally. This agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same document. Signatures to this agreement transmitted by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic or pictorial appearance of the document, will have the same effect as physical delivery of the paper document bearing the original signature.
TRADEMARKS
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Treehouse Pictures and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Treehouse Pictures or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Treehouse Pictures will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Treehouse Pictures will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.
CHAT ROOMS / MESSAGE BOARDS / BULLETIN BOARDS
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of Treehouse Pictures; and Treehouse Pictures does not have any obligation to monitor, edit, or review any Postings on the Site. Treehouse Pictures assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Treehouse Pictures will fully cooperate with any law enforcement authorities or court order requesting or directing Universal to disclose the identity of anyone posting any such information or materials.
IDEMNIFICATION
You agree to indemnify, defend and hold Treehouse Pictures and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. Treehouse Pictures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Treehouse Pictures’ defense of such claim.
REGISTRATION
Should Treehouse Pictures choose to provide member-based services (“Services”) on the Site, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Treehouse Pictures suspects that your information is untrue, inaccurate, or incomplete, then Treehouse Pictures may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services. Any personally identifiable information provided at points of registration on the Site will be subject to the privacy policy of Treehouse Pictures.
TERMINATION
Treehouse Pictures may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to Treehouse Pictures of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Treehouse Pictures may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Treehouse Pictures and its licensors.
CHILDREN ONLINE PROTECTION ACT NOTIFICATION
Pursuant to 47 U.S.C. Section 230 (d) as amended, Treehouse Pictures hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.
EXPORT CONTROL
The Site is controlled and operated by Treehouse Pictures from its offices within the State of California, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about Treehouse Pictures’ products and services available in the United States. Treehouse Pictures makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, 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.
INFRINGEMENT POLICY
Treehouse Pictures, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Treehouse Pictures accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), Treehouse Pictures has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Treehouse Pictures in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
Treehouse Pictures, 9200 Sunset Boulevard, Suite 520, West Hollywood CA 90069, attention: General Counsel; Email: info@treehousepictures.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
- A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
GOVERNANCE
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party or Treehouse Pictures bring to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in New York County, New York and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.