|
Please
read this Agreement carefully before accessing the SBK PICTURES
Website. As a condition to and in consideration of receiving and
accessing the SBK PICTURES Website, the User agrees to be
bound by the terms of this Agreement. Use of or access to the SBK
PICTURES Website shall constitute acceptance of and agreement to
be bound by this Agreement.
IF YOU DO NOT WISH
TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE SBK PICTURES
WEBSITE.
If you
have any questions about this Agreement, please
contact us.
SBK
PICTURES Website Access Agreement
THIS
AGREEMENT "Agreement" is entered into by and between SBK PICTURES
and any individual, corporation, association, agency, company, or
other entity who accesses or uses the SBK PICTURES Website (the
"User" or "you").
The
SBK PICTURES Website, which is provided without charge to you,
is a World Wide Web site on the Internet. The SBK PICTURES
Website is owned and operated by SBK PICTURES The SBK
PICTURES Website contains or may contain information,
communications, opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos, music, sounds and other
material and data (collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to
Users, including directories and databases.
1. User
Rights and Responsibilities
1.1
Access to the SBK PICTURES Website.
You are
responsible for providing all hardware, software, telephone or other
communications equipment and/or service to connect to the Internet
and access the SBK PICTURES Website and are responsible for
all Internet access charges, telephone charges or other fees or
charges incurred in connecting to the Internet and accessing the
SBK PICTURES Website.
1.2 User
Conduct.
You agree
to access and use the SBK PICTURES Website only for lawful
purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of the SBK PICTURES Website,
including any Interactive Area, (ii) the use of any networks or
other services connected to the SBK PICTURES Website, and
(iii) the communications means by which you connect your modem,
computer, or other equipment to the SBK PICTURES Website. By
accessing the SBK PICTURES Website, you agree that you will
not:
(1)
restrict or inhibit any other user from using and enjoying the
Interactive Features;
(2)
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international
law;
(3)
post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4)
post or transmit any information, software or other material which
contains a virus or other harmful component;
(5)
alter, damage or delete any Content or other communications that
are not your own Content or to otherwise interfere with the
ability of others to access the SBK PICTURES Website;
(6)
disrupt the normal flow of communication in an Interactive Area;
(7)
claim a relationship with or to speak for any business,
association, institution or other organization for which you are
not authorized to claim such a relationship;
(8)
violate any operating rule, policy or guideline of your Internet
access provider or online service.
2.
Intellectual Property Rights
2.1
SBK PICTURES Website content.
(a) You
acknowledge that Content on the SBK PICTURES Website is
generally provided by the SBK PICTURES Website, individual
contributors of Content ("Contributors"), third party licensees,
and/or other Users. You acknowledge that the SBK PICTURES
Website permits access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing now or
later developed and except as is explicitly provided below, your use
of Content shall be governed by applicable copyright and other
intellectual property laws. You acknowledge that the SBK PICTURES
Website owns a copyright in the "look and feel," i.e., the
selection, coordination, arrangement and presentation of such
Content.
(b) You
may not modify, copy, reproduce, transmit, distribute, publish,
create derivative works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each
piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must
reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "The SBK PICTURES Website" and
its URL address. You acknowledge that the SBK PICTURES
Website, its Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual Property Rights
by downloading or printing Content.
(c) Some
of the pictures found on this site have been taken from the
Internet. If you believe there are any photos or written material
which have copyrights that we are unaware of, please contact us
immediately so that we may remove them. Please give us 72 hours to
handle your request.
2.2
Content Provided by User.
You may
upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through the SBK PICTURES
Website only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on the SBK PICTURES Website, without
restriction whatsoever. Any Content submitted with the consent of a
copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission." By
submitting Content to any Interactive Area, you automatically grant
and/or warrant that the owner of such Content, whether it be You or
a third party, has expressly granted to the SBK PICTURES
Website the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, sublicense,
distribute, perform, and display such Content, in whole or in part,
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term
of any Intellectual Property Rights that may exist in such Content.
You also permit the SBK PICTURES Website to sublicense to
third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content for
personal use.
3.
Interactive Areas
You
acknowledge that the SBK PICTURES Website may include various
interactive areas ("Interactive Areas"), including but not limited
to message boards & chat. These Interactive Areas allow feedback to
the SBK PICTURES Website and real-time interaction between
users. You further understand that the SBK PICTURES Website
does not control the messages, information, or files delivered to
such Interactive Areas and that the SBK PICTURES Website may
offer you and other Users the capability of creating and managing an
Interactive Area. However, neither the SBK PICTURES Website,
its subsidiary and parent companies, or affiliates, nor their
respective directors, officers, employees and agents are responsible
for Content within any Interactive Area. Your use and/or management
of an Interactive Area will be governed by this Agreement and any
additional rules or operating procedures of any Interactive Area
established by you or another User, as applicable. You recognize
that the SBK PICTURES Website cannot, and does not intend to,
screen communications in advance. Moreover, because the SBK
PICTURES Website encourages open and candid communication in the
Interactive Areas, the SBK PICTURES Website cannot determine
in advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. The SBK PICTURES
Website is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that the SBK PICTURES
Website has the right to monitor any Interactive Area, from time to
time and to disclose any information as necessary to satisfy any
law, regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If notified
of Content that is alleged not to conform to this Agreement, the
SBK PICTURES Website may investigate the allegation and
determine in its sole discretion whether to remove or request the
User to remove such Content. The SBK PICTURES Website
reserves the right to prohibit conduct, communication or Content
within an Interactive Area, or to edit, refuse to post, or to remove
any Content, in whole or in part, which it deems in its sole
discretion to (i) violate the then-standard provisions of this
Agreement or any other standard, written SBK PICTURES Website
policy in effect at that time, (ii) be harmful to the rights of any
User, the SBK PICTURES Website, or other third parties, (iii)
violate applicable law, or (iv) be otherwise objectionable.
4.
Termination
The only
right with respect to dissatisfaction with any policies, guidelines,
or practices of the SBK PICTURES Website in operating the
SBK PICTURES Website, or any change in Content, is for you to
discontinue accessing the SBK PICTURES Website. The SBK
PICTURES Website may terminate or temporarily suspend your
access to all or any part of the SBK PICTURES Website,
without notice, for conduct that the SBK PICTURES Website
believes is a violation of this Agreement or any policies or
guidelines posted by the SBK PICTURES Website, or for other
conduct which the SBK PICTURES Website believes, in its sole
discretion, is harmful to the SBK PICTURES Website or other
Users. The SBK PICTURES Website may discontinue operating the
SBK PICTURES Website and terminate this Agreement without
notice at any time for any reason in its sole discretion. In the
event of termination, you are no longer authorized to access the
SBK PICTURES Website, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded from
the SBK PICTURES Website, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall
survive.
5.
Links; Disclaimers Of Warranties; Limitations of Liability
5.1
Links. You understand that except for Content, products or services
expressly available at the SBK PICTURES Website, neither the
SBK PICTURES Website, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents controls, provides, or is responsible for any Content, goods
or services available through sites on the Internet linked to or
from the SBK PICTURES Website. All such Content, goods and
services are made accessible on the Internet by independent third
parties and are not part of the SBK PICTURES Website or
controlled by the SBK PICTURES Website. The SBK PICTURES
Website neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the SBK
PICTURES Website, which are the sole responsibility of such
independent third parties, and your use thereof is solely at your
own risk. Neither the SBK PICTURES Website, its subsidiary
and parent companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or liable,
directly or indirectly, for any loss or damage caused or alleged to
have been caused by your use of or reliance on any Content, goods or
services available on any site linked to or from the SBK PICTURES
Website or your inability to access the Internet or any site linked
to or from the SBK PICTURES Website.
5.2
Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the
SBK PICTURES Website. It is the policy of the SBK PICTURES
Website not to endorse or oppose any opinion expressed by a User or
Content provided by a User, Contributor, or other independent party.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SBK PICTURES WEBSITE
IS AT YOUR SOLE RISK. NEITHER THE SBK PICTURES WEBSITE NOR
ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT THE SBK PICTURES
WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE SBK PICTURES
WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SBK PICTURES
WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE SBK PICTURES
WEBSITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY,
COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY,
AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR
TRANSACTION PROVIDED THROUGH THE SBK PICTURES WEBSITE OR ANY
SITE LINKED TO OR FROM THE SBK PICTURES WEBSITE. THE SBK
PICTURES WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
5.3
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE SBK
PICTURES WEBSITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR
AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS
AGREEMENT, THE SBK PICTURES WEBSITE, OR ANY INTERNET SITE
LINKED TO OR FROM THE SBK PICTURES WEBSITE, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN
OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO,
OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO
CIRCUMSTANCES SHALL THE SBK PICTURES WEBSITE, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO
YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE SBK
PICTURES WEBSITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET
SITE LINKED TO OR FROM THE SBK PICTURES WEBSITE. THE CONTENT
WITHIN THE SBK PICTURES WEBSITE AND THE CONTENT WITHIN
INTERNET SITES LINKED TO OR FROM THE SBK PICTURES WEBSITE MAY
INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES
WILL BE INCORPORATED IN NEW VERSIONS OF THE SBK PICTURES
WEBSITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE
SBK PICTURES WEBSITE AND ITS CONTRIBUTORS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME
TO TIME.
YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SBK PICTURES
WEBSITE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR
OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH
ANY SBK PICTURES WEBSITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF THE SBK PICTURES WEBSITE, IN WHOLE OR IN PART,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SBK
PICTURES WEBSITE.
6.
Indemnity
You agree
to indemnify and hold the SBK PICTURES Website, its parent or
subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all
liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your
use or access of the SBK PICTURES Website or any Internet
site linked to or from the SBK PICTURES Website, or in
connection with the transmission of any Content on the SBK
PICTURES Website.
7.
Miscellaneous
This
Agreement comprises the entire agreement between SBK PICTURES
and you, and supersedes any prior agreements with respect to the
subject matter herein. SBK PICTURES may revise this Agreement
or any other policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting notice of such
revision prominently on the SBK PICTURES Website. You agree
to review this Agreement periodically to be aware of such revisions.
If any such revision is unacceptable to you, you must discontinue
accessing the SBK PICTURES Website. Your continued accessing
and use of the SBK PICTURES Website following notice of any
such revision shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3,
6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will
continue in full force and effect. The failure of SBK PICTURES
to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision
or right. This Agreement shall be governed by the laws of CA, LOS
ANGELES COUNTY, excluding its conflict of laws rules, and you and
SBK PICTURES each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal to you
and you may not assign your rights or obligations thereunder to
anyone. All logos, brand names, products, trademarks and service
marks appearing herein may be the trademarks or service marks of
their respective owners. References to any trademark, service mark
and links to or from the SBK PICTURES Website have been done
strictly for clarification and identification and does not
constitute endorsement by the SBK PICTURES Website of the
products, services or information offered by the owner of such
trademark, service mark or link or endorsement of the SBK
PICTURES Website by such trademark, service mark or link owner. |
