These Terms are between Stacey Mindich Productions, LLC (“SMP”) and you with respect to your use of the Website located at www.staceymindichproductions.com (the “Website”). By using the Website, you agree to be bound by all of the terms and conditions (the “Terms”) as set forth below, as well as all applicable laws, without limitation or qualification. If you do not accept these Terms in their entirety, you may not use the Website.
These Terms are effective and were last updated on February 6, 2012.
USE OF THE WEBSITE
The Website may only be used for personal, non-commercial purposes. Such use is fully subject to these Terms, as well as all applicable laws, rules and regulations and any other agreements to which you are subject. This Website may not be used by you for any commercial purposes.
Subject to the terms of SMP’s Unrequested Submissions Policy found at staceymindichproductions.com/contact, you agree and acknowledge that in connection with any and all suggestions, ideas, concepts, inventions, drawings or other information (the “User Information”) that you provide in connection with your use of the Website (other than unrequested submissions of scripts and/or songs, which solely are covered by the terms of SMP’s Unrequested Submissions Policy), such User Information shall be fully SMP’s property in perpetuity without restrictions thereon of any kind or nature. Immediately upon your provision of such User Information, you automatically assign to us and we shall own all rights therein (whether now or hereafter known), on an exclusive basis, in and to such User Information, of every kind and nature, throughout the universe. In connection therewith, we shall be entitled to the complete, unrestricted use of such User Information for any and all purposes (i.e., commercial or non-commercial), without compensation of any kind being required to be provided to the provider thereof. Additionally, you are responsible for all of your communications and any outcomes associated with your posting thereof. You may not, at any time: (a) transmit copyrighted material to SMP (other than in instances where you are the exclusive owner thereof or have obtained a full, unrestricted license to use such material), (b) reveal any third party’s trade secrets without the proper authorization, (c) impersonate any third parties, and/or send advertisements or solicitations of business, pyramid schemes or chain letters, (d) send material that infringes the intellectual property rights of any third party and/or other rights of such parties (including without limitation privacy or publicity rights) or (e) send material that is obscene, defamatory, sexually explicit, hateful, embarrassing, inappropriate, threatening, harassing and/or abusive to any third party or entity at any time. SMP reserves the right to immediately eliminate users who violate these terms and/or any applicable law, as well as removing such user’s materials and other communications from the Website. SMP may review user content in order to review compliance with these Terms at any time, but is under no obligation to do so. SMP may modify, include, exclude, edit or remove any user content at any time without notice in its sole discretion.
PASSWORDS AND REGISTRATION
In certain instances you may need to register on the Website for a personal account. Your account is for your personal use only, and may not be assigned or transferred or used by any third party at any time. You are responsible for the veracity of the information you provide on the Website in connection therewith, including without limitation, your full name (i.e., no aliases or identity masking). You must protect the security of your password and shall be fully responsible for any unauthorized use thereof.
TERMINATION OF ACCESS BY SMP
Notwithstanding anything set forth herein or elsewhere to the contrary, in addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or your access to the Website (in whole or in part), at any time without notice and without cause, as well as provide information respecting potential or actual illegal activities to the authorities (including without limitation your identity). You may not use any automated devices or programs of any kind to (i) download, gain access to, or reproduce, store or distribute content or information of any kind available on the Website, or (ii) attempt to exceed your limited authorization and access thereto. Furthermore, you may not resell the use of, or access to, the Website to any third party at any time.
SMP and/or its licensors are the exclusive owners of all parts of the Website, including without limitation all intellectual property or other proprietary rights contained therein. You may not at any time modify, copy, transmit, distribute or create derivative works of any materials contained therein without owner’s prior written consent. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not specifically granted hereunder are reserved by SMP.
This Website may contain links to or embedded content from other web sites not maintained by SMP. Other web sites may also reference or link to our Website. We encourage you to be aware when you leave our Website or view content from a third party website (e.g., You Tube) to read the terms and conditions and privacy statements of each and every website that you visit and/or from which you view content that is not controlled by this website. We are not responsible for the practices or the content of such other web sites, without limitation.
MODIFICATIONS OF THE TERMS
We reserve the right, in our sole discretion and at any time, to modify these Terms. We will post any changes hereto, and your continued use of the Website shall constitute your acceptance of any and all such changes. Please check this page periodically for changes to the Terms.
WHILE SMP USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE THEREON, IS PROVIDED ON AN “AS IS” BASIS, AND AS SUCH, SMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION THEREWITH. FURTHER, TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, SMP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS, INFORMATION OR CONTENT THEREIN WILL BE COMPLETELY ERROR FREE, SECURE OR UNINTERRUPTED, THAT ANY SUCH DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE APPLICABLE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of the above is found to be invalid or unenforceable or if SMP is otherwise determined to be liable to you for any reason, then SMP’s aggregate liability for any and all such claims shall not exceed Twenty Dollars ($20).
You agree to defend, indemnify and hold harmless SMP, along with its employees, clients, parents, subsidiaries, officers, directors, partners, assigns and agents, from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from: (i) any breach by you of any of these Terms, (ii) any violation of any law, rule or regulation by you, (iii) your content and information, and (iv) your use of the Website.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Our Website is provided from the United States of America and all servers that make it available reside in the USA. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the USA.
The failure by SMP to partially or fully exercise any rights or the waiver of any breach of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. SMP’s rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
The laws of the State of New York shall govern these Terms without regard to its conflict of laws principles. In connection therewith, you hereby consent to the exclusive jurisdiction and venue in the courts located in New York, New York, for all matters pertaining hereto and/or your use of the Website. Any claims asserted by you in connection with the Website must be made within one (1) year of the date of the incident to which it relates or forever be barred.
Should you have any questions or comments with respect hereto, please contact us at [email protected].