LAST UPDATED: August 13, 2015
By accessing or using the Services, You agree to the terms of this Agreement. We may make changes to this Agreement from time to time. We may notify You of such changes by any reasonable means, including by making available the revised version of this Agreement through or in connection with the Services. You can determine when We last changed this Agreement by referring to the “LAST UPDATED” legend above. Your access to or use of the Services following changes to this Agreement will constitute Your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between You and DreamWorks arising prior to the date on which We posted the revised version of this Agreement incorporating such changes or otherwise notified You of such changes. We may, at any time and without liability, temporarily or permanently modify or discontinue, in whole or in part, any or all of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOUR PARENT OR GUARDIAN HAS ENTERED INTO THIS AGREEMENT ON YOUR BEHALF.
1.0 Intellectual Property.
The Services are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by DreamWorks and its licensors. Subject to Your compliance with the terms and conditions of this Agreement, and solely for as long as You are expressly permitted by DreamWorks to access the Services, DreamWorks agrees to permit You to access and use the Services, on a non-exclusive, non-transferable, non-sublicensable, revocable, limited basis, solely for Your personal, non-commercial purposes and solely in accordance with this Agreement. If You fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the foregoing grant of permission to access and use the Services) will automatically terminate, whereupon You will immediately cease accessing and using the Services.
Except as expressly set forth herein, the Services may not, except under written license from an authorized representative of DreamWorks, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under applicable copyright and other relevant laws applicable in the jurisdiction in which such use occurs. You hereby acknowledge and agree that, as between You and DreamWorks, DreamWorks owns the Services and all right, title and interest therein, and that all rights in and to the Services not expressly granted in this Agreement are reserved by DreamWorks and no additional licenses thereto are granted or implied hereunder.
The trade names, trademarks and service marks owned by the DreamWorks Entities, whether registered or unregistered, may not be used in connection with any product or service that is not Ours, or in any manner that is likely to cause confusion. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the DreamWorks’ Entities’ trade names, trademarks or service marks without DreamWorks’ express prior written consent. Those trade names, trademarks and service marks that appear on or in connection with the Services and that are not owned by the DreamWorks Entities, are the property of their respective owners.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SERVICES MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
In addition to any restrictions set forth elsewhere in this Agreement, You shall not (a) rent, lease, loan, timeshare, license, distribute, sublicense or otherwise transfer any part or all of the Services (as a standalone product or in conjunction with other products); (b) make copies of all or any portion of the Services; (c) create derivative works of or from the Services; (d) incorporate any part of the Services into any product or service; (e) use the Services for commercial purposes; and (f) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear on the Services.
3.0 Third Party Content.
4.0 Rules of Conduct.
While using the Services, You will comply with all applicable laws, rules and regulations. In addition, We expect users of the Services to respect the rights and dignity of others. Your access to and use of the Services is conditioned upon Your compliance with the rules of conduct set forth in this Section 4.0. Your failure to comply with any such rule (including, without limitation, Your repeated engagement in copyright infringement through or in connection with the Services) may result in termination of Your access to or use of the Services (or any parts thereof). You agree that You will not:
Post, transmit, or otherwise make available, through or in connection with the Services:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the applicable owner.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Any material that could disrupt or otherwise negatively affect other users’ ability to access or use the Services.
Any material non-public information about a company without the proper authorization to do so.
Use the Services for any fraudulent, tortious or unlawful purpose;
Provide untruthful, false or inaccurate information;
Interfere with or interrupt, or attempt to interfere with or interrupt, the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirements, procedures, policies or regulations of such servers or networks;
Access or use the Services through any technology or means other than those expressly designated by Us;
Impersonate any person or entity, or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with DreamWorks;
Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity;
Post, transmit, or otherwise make available, through or in connection with the Services or email to DreamWorks any content that contains any “Backdoors,” “Key Loggers,” “Root Kits,” viruses, worms, “cancel bots,” “Trojan horses,” “Easter eggs,” “time bombs,” spyware or other code, file or program that is harmful or is potentially harmful or invasive or that may be or is designed to interrupt, damage, destroy, hijack, limit the operation or functionality of, or monitor the use of, any computer software, hardware or telecommunications equipment;
Reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of, use of, or access to the Services, except solely to the extent expressly authorized in this Agreement or that such prohibition is prohibited under applicable law;
Search, mine or link to any data or information made available through the Services without the prior written consent of a duly authorized representative of DreamWorks;
Forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to the Services;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services;
Request, obtain, harvest, collect, store or modify personally identifiable information about other users of the Services;
Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services);
Use the Services to advertise or offer to sell or buy any goods or services without DreamWorks’ express prior written consent;
Remove any copyright, trademark or other proprietary rights notices from the Services or materials originating from the Services;
Create a database by systematically downloading and storing all or any of the Services’ content;
Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without DreamWorks’ express prior written consent;
Systematically download and store Services content; or
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, without DreamWorks’ express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Services’ root directory, DreamWorks grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. DreamWorks reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
If You violate any of the guidelines set forth above, or any other aspect of this Agreement, without limiting DreamWorks’ other rights and remedies, DreamWorks may immediately suspend or terminate this Agreement and/or any of Your rights under Section 1.0 above, without giving You any notice; provided, however, that if you are a U.K. resident, We will use commercially reasonable efforts to provide You with notice of such suspension or termination. DreamWorks reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DreamWorks may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
You are solely responsible for any violation of laws, rules or regulations that results from Your failure to abide by the terms of this Agreement.
5.0 Registration; Passwords and Security.
You may need to register to use any or all of the Services. You represent and warrant that all information submitted to DreamWorks in connection with such registration is complete and accurate. We may reject, or require that You change, any user name, password or other information that You provide to Us in registering. Your user name and password are for Your personal use only. Please be advised, however, that Your user name may become visible to other users of the Services. In addition, Your password should be kept confidential; You, and not DreamWorks, are responsible for any use or misuse of Your password and/or Services account, and You must promptly notify Us of any actual or suspected confidentiality breach with respect to your password and/or account, or other unauthorized use of Your user name, password and/or account.
6.0 User Postings.
DreamWorks and/or Our third party service provider(s) may make available through the Services (for example, through message boards, profile functionality, chat functionality and blogs, among other services) functionality through which, subject to Section 7.0 below and the other terms and conditions hereof, You are able to post or otherwise make available certain information and materials. For any information and/or materials You submit or otherwise make available through the Services (each, a “Posting”), You hereby grant to the DreamWorks Entities and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You or to any third party: (a) to access, use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate and reformat), create derivative works of, transmit, display and perform (publicly or otherwise) and otherwise exploit such Posting, in any media now known or hereafter developed, for any purpose, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Posting, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this Section 6.0, and that such Posting, and Your provision thereof to and through the Services, is complete and accurate and complies with all applicable laws, rules and regulations. DreamWorks shall not be subject to any confidentiality obligations with respect to any Posting, and shall not be liable for any use or disclosure of any Posting. Further, to the extent that You may waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Posting, You hereby do so.
You acknowledge and agree that: (a) DreamWorks reserves the right (but has no obligation) to evaluate each Posting before allowing it to be posted on or in connection with the Services; and (b) We may do one or all of the following, at Our discretion: (i) monitor Postings; (ii) alter, remove, or refuse to post or allow to be posted any Posting; and/or (iii) except to the extent prohibited under applicable law, disclose any Postings, and the circumstances surrounding their transmission, to any third party (v) in order to operate the Services; (w) to protect the DreamWorks Entities and Our users; (x) to comply with legal obligations or governmental requests; (y) to enforce this Agreement; or (z) for any other reason or purpose.
Information made available through the Services may be provided both by DreamWorks and by third party users of the Services. Please note that users may post information or make statements that are inaccurate, misleading or deceptive. DreamWorks neither endorses nor is responsible for any opinion, advice, information or statements made on or in connection with the Services by third parties, including, but not limited to, users. Without limitation, DreamWorks is not responsible for any information or materials made available through the Services (including, without limitation, errors or omissions in Postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will the DreamWorks Entities be liable to You or any third party claiming through You for any loss or damage caused by Your reliance on such information or materials. The opinions expressed on or through the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of DreamWorks.
In addition, DreamWorks has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of Postings or other information voluntarily made public on or through the Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
7.0 Unsolicited Submissions; Release of Claims.
Do not submit to DreamWorks any unsolicited work, idea, creative material, concept or other information (each, an “Unsolicited Submission”). DreamWorks assumes no obligation, either express or implied, with respect to any Unsolicited Submission. In the event that You submit any Unsolicited Submission through the Services or otherwise to DreamWorks, You hereby grant to the DreamWorks Entities and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You or to any third party: (a) to access, use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate and reformat), create derivative works of, transmit, display and perform (publicly or otherwise), make, have made, sell, offer for sale, import and otherwise exploit such Unsolicited Submission, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. No Unsolicited Submission shall subject DreamWorks to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and DreamWorks shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission. You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You.
TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, YOU HEREBY RELEASE THE DREAMWORKS ENTITIES, OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS, COSTS, DEMANDS, LIABILITIES, FEES, PENALTIES AND OTHER EXPENSES OF ANY KIND WHATSOEVER, KNOWN OR UNKNOWN, THAT MAY EXIST OR ARISE RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH ANY UNSOLICITED SUBMISSION AND/OR DREAMWORKS’ OR ANY OTHER DREAMWORKS ENTITY’S USE OR DISCLOSURE OF ANY UNSOLICITED SUBMISSION. THE RELEASES AND WAIVERS IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT ARE INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542 (WHICH STATES 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”) AND OTHER ANALOGOUS LAWS OR LEGAL PRINCIPLES OF ANY JURISDICTION REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
9.0 Products and Transactions.
The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by DreamWorks or by third parties. The availability through the Services of any listing, description or image of a Product made available by third parties does not imply Our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Any Product weights, measures and similar descriptions that may be available through the Services are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors You see will depend on Your computer system, and We cannot guarantee that Your computer will accurately display such colors. It is Your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
Goods made available through the Services will be shipped to an address designated by You, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Services, if any. All Transactions for goods made available through the Services are made pursuant to a shipment contract and, as a result, risk of loss and title for any such goods pass to You upon delivery of such goods to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
DreamWorks and its third-party payment service reserve the right, with or without prior notice, to change the listings, descriptions, images, Products and other materials accompanying or made available in connection with the Services; to limit the available quantity of or discontinue making available any Products or other materials accompanying or made available in connection with the Services; to honor, or impose conditions on the honoring of, or cease to honor, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with the Services (or any feature therein) or any Products or other materials made available in connection with the Services. Price and availability of the Services (or any feature therein), or of any Product, are subject to change without notice. While it is Our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute Our acceptance of an order or Our confirmation of an offer to sell a product or service. Refunds and exchanges will be subject to Our third-party payment service’s refund and exchange policies then in effect.
To the extent that You conduct a Transaction or any other purchase or transaction through a third party or third-party site or platform (for example, the purchase of photos from your DreamPlace experience), each such transaction will be subject to the terms and conditions applicable to such third party site or platform. Please see Section 11.0 below for more information on third party sites.
10.0 Rules for Promotions and Sweepstakes.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available in connection with the Services may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, You will become subject to those rules, which may vary from the terms and conditions set forth herein. DreamWorks urges You to review any applicable rules. To the extent that the terms and conditions of such rules conflict with the terms and conditions of this Agreement, the terms and conditions of such rules shall control.
11.0 Third Party Sites.
The Services may provide links to or feeds from websites and other online resources. Except as otherwise expressly stated by Us on the Services, We do not control and are neither affiliated with nor responsible for the operators of any third party websites or other resources that link to or are linked from the Services, and We have neither reviewed nor endorsed such third party websites or other resources. You hereby acknowledge and agree that DreamWorks shall not be responsible for the content, products, services or other materials available on or through such third party websites or other resources, or any loss or damages incurred in connection with such content, products, services or other materials. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products, services and other materials obtained from the Services or any third party websites or other resources that link to or are linked from the Services.
In addition, other websites may embed a link to the Services with or without Our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for such website, any links from any such site to the Services, any content, advertising, products or other materials available on any such sites or any loss or damages incurred in connection with any such site. DreamWorks shall have the right, at any time and in its sole discretion, to block links to the Services through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR MADE AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND POLICIES (SUCH AS PRIVACY POLICIES) APPLICABLE TO SUCH WEBSITES AND RESOURCES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS OF USE AND POLICIES.
12.0 Forward-Looking Statements.
Certain statements and information that appear on or in connection with the Services contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include, without limitation, DreamWorks’ plans, prospects and strategies as well as DreamWorks’ beliefs and expectations concerning its current and future film, television and other properties (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of such words and similar expressions). These statements are based on current expectations, estimates, forecasts and projections about the industry in which DreamWorks operates, and beliefs and assumptions made by DreamWorks’ management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements that appear on or in connection with the Services due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties affecting the operation of DreamWorks’ business. These risks and uncertainties include, without limitation: audience acceptance of DreamWorks’ films, television and other properties, DreamWorks’ dependence on the success of a limited number of releases each year, delayed release dates of any films, the increasing cost of producing and marketing feature films, piracy of motion pictures, the effect of rapid technological change or alternative forms of entertainment, and DreamWorks’ need to protect its proprietary technology and enhance or develop new technology. More information about potential risks and uncertainties that could affect DreamWorks’ business and financial results is included in DreamWorks’ Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other filings with the Securities and Exchange Commission, which are available on the Investors’ page of the Services and at www.sec.gov. DreamWorks is under no obligation, and expressly disclaims any obligation, to update or alter its forward-looking statements, whether as a result of new information, future events, changes in assumptions or otherwise. The Services and the information posted on or in connection with them shall not be deemed to be incorporated by reference into any annual, quarterly, current or other report DreamWorks files with, or furnishes to, the Securities and Exchange Commission.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT DREAMWORKS IN CONNECTION WITH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT INFORMATION MADE AVAILABLE IN CONNECTION WITH THE SERVICES CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT DREAMWORKS. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING DREAMWORKS, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING DREAMWORKS’ FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
13.0 No Representations and Warranties.
THE SERVICES AND ALL SERVICES, PRODUCTS, THIRD PARTY CONTENT (AS DEFINED IN SECTION 3.0), INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY (AND THE DREAMWORKS ENTITIES HEREBY DISCLAIM ANY) REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF DREAMWORKS AND THE OTHER DREAMWORKS ENTITIES.
YOUR USE OF THE SERVICES AND ANY MATERIALS IS AT YOUR OWN RISK. THE SERVICES AND THE MATERIALS MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION, AND/OR MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR THE MATERIALS, IN WHOLE OR IN PART, WILL BE ACCURATE, COMPLETE, SECURE OR ERROR-FREE, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, NOR THAT ANY PARTICULAR DEVICES, OTHER HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH THE SERVICES OR ANY MATERIALS (IN WHOLE OR IN PART), AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN, MAINTAIN AND PAY FOR ANY DEVICES, OTHER HARDWARE, SOFTWARE AND SERVICES (INCLUDING, WITHOUT LIMITATION, INTERNET CONNECTIVITY) NEEDED TO USE THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART) AND (B) ENSURE THAT ANY DEVICE, OTHER HARDWARE, SOFTWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES AND ANY MATERIALS (IN WHOLE OR IN PART). DREAMWORKS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON OR WITHIN THE SERVICES OR MATERIALS, AND MAKES NO COMMITMENT TO UPDATE ANY INFORMATION MADE AVAILABLE ON OR WITHIN THE SERVICES OR MATERIALS. Additionally, third parties may make unauthorized alterations to the Services. If You become aware of any such alteration, contact Us at email@example.com with a description of such alteration and its location on the Services.
14.0 Limitation of Liability; Waiver of Claims.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE SERVICES OR MATERIALS SHALL BE TO DISCONTINUE USING THE SERVICES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, DREAMWORKS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND RELATED TO, ARISING OUT OF OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR MATERIALS.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIALS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY RELEASE THE DREAMWORKS ENTITIES OF AND FROM, AND IRREVOCABLY WAIVE, ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF DREAMWORKS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IN NO EVENT SHALL DREAMWORKS’ TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, AND/OR THE MATERIALS, EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US IN CONNECTION WITH THE SERVICES, AND (B) FIVE UNITED STATES DOLLARS (US $5.00).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF DREAMWORKS AND THE OTHER DREAMWORKS ENTITIES, AND ALL RELEASES AND WAIVERS OF CLAIMS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE WITH RESPECT TO CLAIMS AGAINST DREAMWORKS AND ANY OTHER DREAMWORKS ENTITY.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages or other remedies, or waivers of certain claims; solely to the extent that such law applies to You, some or all of the disclaimers, exclusions, limitations or waivers of claims in this Agreement may not apply to You, and You may have certain additional rights.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE DREAMWORKS ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE SERVICES OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
16.0 Governing Law.
The laws of the State of California, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any access to or use of the Services. You and DreamWorks hereby expressly and irrevocably consent to the exclusive personal jurisdiction and venue of Los Angeles County, California for any claim arising out of, related to, or in connection with this Agreement or the Services.
17.0 Jurisdictional Issues.
The Services are controlled and operated by DreamWorks from the United States and are not intended to subject DreamWorks to the laws or jurisdiction of any state, country or territory other than those of the United States. DreamWorks does not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. To the extent applicable, You are also responsible for complying with United States export controls and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. You hereby represent, warrant and covenant that (a) You are not located in, or a resident or a national of, a country that is subject to a U.S. Government embargo or other restriction, or that has been designated by the U.S. Government as a “terrorist supporting” country (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information); and (b) You are not listed on any U.S. Government list of prohibited or restricted parties or end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction We choose, at any time and in Our sole discretion.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
19.0 No Injunctive Relief.
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to DreamWorks’ or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their motion pictures, television shows, commercials and/or other content; and Your exclusive remedy in connection therewith shall be an action for damages.
20.0 Independent Contractors.
You and DreamWorks are independent contractors and neither You nor DreamWorks shall be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor DreamWorks is authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
21.0 Entire Agreement; Force Majeure; Interpretation.
This Agreement constitutes the entire agreement by and between You and DreamWorks pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and DreamWorks. This Agreement may not be amended, nor any obligation waived, other than expressly in writing by DreamWorks. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof. DreamWorks will not be responsible for any failure to fulfill any obligation hereunder due to any cause beyond its control. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
You may not assign, transfer or sublicense any or all of Your rights or obligations under this Agreement without Our express prior written consent. We may assign, transfer or sublicense any or all of Our rights or obligations under this Agreement without restriction.
Notices to You (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail at the most recent e-mail address We have on file for You (including in each case via links), or by regular mail at the most recent mailing address We have on file for You. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement can be terminated at any time by DreamWorks for any or no reason whatsoever with or without notice to You; provided, however, that if you are a U.K. resident, We will use commercially reasonable efforts to provide You with notice of such termination. In the event that DreamWorks terminates this Agreement, Your limited rights hereunder, including to the licenses granted to You in Section 1.0 above, shall immediately terminate, and DreamWorks may immediately deactivate or delete Your password and user name (if any), and all related information and files associated with them, and/or bar any further access to such information or files. You agree that DreamWorks shall not be liable to You or any third party for any termination of Your access to any of the Services or to any such information or files, and shall not be required to make such information or files available to You after any such termination. Sections 2.0, 3.0, 6.0, 7.0, 10.0-24.0, 27.0, 28.0 and the terms and conditions in Section 1.0 setting forth Our rights in the Services shall survive any expiration or termination hereof.
This notice is for Our U.S. users: We hereby notify 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 from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that DreamWorks does not endorse any of the products or services listed on such sites.
26.0 Information or Complaints.
If You have a question or complaint regarding the Services, please send an email to firstname.lastname@example.org. You may also contact DreamWorks by writing to Us (and include Your email address) at DreamWorks Animation SKG, Inc., 1000 Flower Street, Glendale, California 91201, Attention: DreamWorks Animation Web Contact, or by calling DreamWorks Web Contact at (818) 695-5000. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
27.0 Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any materials available on or accessible through the Services infringe Your copyright, You (or Your agent) may send DreamWorks a notice requesting that DreamWorks remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send DreamWorks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be in writing and should be sent to DreamWorks’ designated agent Andrew Chang by mail, email or fax in accordance with the following:
DreamWorks Animation SKG, Inc.
Attention: Designated Agent
1000 Flower Street
Glendale, CA 91201
Phone: (818) 695-5000
Fax: (818) 695-4190
We suggest that You consult Your legal advisor before filing a notice or counter-notice. You may have equivalent rights under other applicable laws.
28.0 Contact Us.
If You have any questions about this Agreement or the Services, please: (a) email DreamWorks at email@example.com; or (b) write to DreamWorks (and include Your email address) at DreamWorks Animation LLC, at 1000 Flower Street, Glendale, California 91201, Attention: DreamWorks Animation Web Contact.