PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the “Site”).
This Site at theatricalrights.com is fully controlled and operated by Theatrical Rights Worldwide, LLC. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Theatrical Rights Worldwide, LLC. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on November 6, 2006.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of Theatrical Rights Worldwide LLC and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Theatrical Rights Worldwide LLC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Theatrical Rights Worldwide LLC. Use of Theatrical Rights Worldwide LLC and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
CHATROOM AND/OR MESSAGE BOARDS
To the extent that portions of this Site may provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Theatrical Rights Worldwide LLC. In no event shall Theatrical Rights Worldwide LLC assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You hereby authorize Theatrical Rights Worldwide LLC to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Theatrical Rights Worldwide LLC will have the right to use and change the Postings in any manner that Theatrical Rights Worldwide LLC may determine.
Additionally, Theatrical Rights Worldwide LLC may sweep its chatrooms and/or message boards periodically in its sole discretion.
Theatrical Rights Worldwide LLC does not allow Postings which contain:
- private or personal information which might identify a user
- profanity or obscenities
- personal attacks on other individuals
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
- other information that Theatrical Rights Worldwide LLC deems in its sole discretion to be inappropriate for this Site.
The chatrooms or message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Theatrical Rights Worldwide LLC periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Theatrical Rights Worldwide LLC will make every effort to ensure that the chatrooms or message boards best serve the interests of all users and, therefore, Theatrical Rights Worldwide LLC reserves the right to refuse to post, edit, or delete messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Theatrical Rights Worldwide LLC is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEATRICAL RIGHTS WORLDWIDE LLC, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THEATRICAL RIGHTS WORLDWIDE LLC OR ANY THIRD PARTY.
Notwithstanding the foregoing, in no event shall Theatrical Rights Worldwide LLC’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
SUBMISSIONS
Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the Site, including comments and suggestions, is and will be treated as non-confidential and non-proprietary, and may be used by Theatrical Rights Worldwide, LLC for any purpose unless otherwise stated in the Privacy Policy.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Theatrical Rights Worldwide LLC, of the opinions or views expressed by these third party websites and Theatrical Rights Worldwide LLC does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Theatrical Rights Worldwide LLC is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, Theatrical Rights Worldwide LLC will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Theatrical Rights Worldwide LLC will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
INDEMNTIFICATION
You agree to indemnify, defend and hold harmless, Theatrical Rights Worldwide LLC, its respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Theatrical Rights Worldwide LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Theatrical Rights Worldwide LLC in asserting any available defenses.
MISCELLANEOUS
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York. Any failure by Theatrical Rights Worldwide LLC to enforce any of its rights under applicable laws shall not constitute a waiver of such right. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Site to or from any countries or foreign nationals in violation of such laws or regulations.
TERMINATION
Theatrical Rights Worldwide LLC reserves the right to deny use of all or part of the Site to any user for any reason without notification. Theatrical Rights Worldwide LLC may, in it sole discretion and at any time, modify or terminate the Site and remove or refuse to post any information, content or materials.
Please also read the Site Privacy Policy, which is part of the TERMS OF USE and which you accept. If you have any questions, comments or complaints about the Site or Theatrical Rights Worldwide LLC, please feel free to contact us at:
Theatrical Rights Worldwide
1180 Avenue of Americas, Suite 640
New York, NY 10036
licensing@theatricalrights.com
866-378-9758