This Sony Publicity site (the "Site") is owned and operated by Sony Pictures Entertainment Inc. or one of its affiliates (hereinafter referred to as "SPE" or "we" or "us" or "our"). The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by SPE and/or its licensors and are protected by applicable United States of America and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof.
The purpose of this Site is to allow authorized members of the press ("Permitted Users" or "you" or "your") to use,
FOR PROMOTIONAL PURPOSES ONLY AND ONLY FOR A LIMITED 6 MONTH PERIOD certain publicity materials (the "Publicity Materials") to directly publicize and promote motion pictures owned by Columbia Pictures, TriStar Pictures, Screen Gems, and/or Sony Pictures Classics (each such motion picture, a "Picture") during their respective promotional windows or as otherwise expressly permitted by SPE, subject to the terms and conditions set forth herein (the "Terms of Use"). The Publicity Materials may include stills, synopses, cast lists, filmmaker notes, movie release date(s), and/or other promotional materials related to Pictures. No audiovisual materials are being made available on this Site.
NONE OF THESE PUBLICITY MATERIALS ARE BEING PROVIDED TO YOU AS A GIFT. THEY ARE BEING LICENSED TO YOU FOR A LIMITED TIME AND FOR A VERY SPECIFIC PURPOSE: TO ALLOW YOU TO PUBLICIZE AND PROMOTE A PARTICULAR PICTURE DURING ITS PROMOTIONAL WINDOW (OR IF AND AS OTHERWISE EXPRESSLY PERMITTED BY SPE ON A CASE BY CASE BASIS). YOU ARE STRICTLY PROHIBITED FROM SELLING, BARTERING, SUBLICENSING AND/OR OTHERWISE DISTRIBUTING FOR ANY PURPOSE OTHER THAN TO PUBLICIZE AND PROMOTE A PARTICULAR PICTURE ANY OF THESE PUBLICITY MATERIALS.
By using this Site to download, reproduce, further distribute, and/or otherwise use any of the Publicity Materials made available on this Site, you certify that you are a Permitted User and that you agree to be bound by these Terms of Use.
THESE TERMS OF USE ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SPE: PLEASE READ THEM CAREFULLY BEFORE YOU USE THE SITE OR ANY OF THE PUBLICITY MATERIALS. DO NOT USE THE SITE OR ANY OF THE PUBLICITY MATERIALS IF YOU DO NOT AGREE WITH ANY OF THE TERMS CONTAINED HEREIN.
If you do not agree to these Terms of Use you are not authorized to use this Site or any of the Publicity Materials. ANY USE OUTSIDE THE SCOPE OF THE LIMITED AUTHORIZATION GRANTED TO YOU WILL CONSTITUTE A VIOLATION OF SPE'S AND/OR OTHER PERSONS' INTELLECTUAL PROPERTY AND/OR OTHER RIGHTS, AND MAY SUBJECT YOU TO CRIMINAL AND/OR CIVIL PENALTIES UNDER APPLICABLE LAWS.
We reserve the right, in our sole discretion, to change, modify, add, or remove any provisions set forth in these Terms of Use or any of the Publicity Materials at any time (each, a "Change"). Your continued use of the Site following a Change means you accept such Change. If you object to any such Change, your sole recourse will be to stop using the Site.
You agree not to remove any applicable credits, copyright or trademark notices included in the Publicity Materials when you use them.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE, INCLUDING, WITHOUT LIMITATION, EACH OF THE PUBLICITY MATERIALS PROVIDED ON THE SITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SPE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither SPE nor any of its affiliates makes any warranties or representations about the accuracy or completeness of content available on or through the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from the Site; and/or (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SPE OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR ANY PARTS THEREOF.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent SPE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SPE's liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless SPE and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from your exercise of any of your rights granted hereunder, your violation of any person's intellectual property, privacy, publicity or other right, your violation of any applicable laws, or your willful misconduct, in connection with your (and/or such other person's) use of the Site and/or of any of the Publicity Materials. SPE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SPE in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site or any of the Publicity Materials.
THESE TERMS OF USE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE OR OPERATE THEIR BUSINESS.
You understand and agree that SPE may, in its sole discretion and at any time, terminate or temporarily suspend your access to the Site or any of the Publicity Materials if you violate any of these Terms of Use, or for any other reason, in SPE's sole and exclusive discretion. YOU UNDERSTAND AND AGREE THAT SPE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER SPE NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO SITE OR TO ANY OF THE PUBLICITY MATERIALS. You may discontinue your access to and use of the Site or any of the Publicity Material at any time.