Last Updated: July 9, 2018
You may use the following quick links to assist you in navigating this Agreement:
1. Your Contract With Us
We require that all users of our Site are at least 18 years old. By accessing or using our Site, you represent and warrant that you are legally able to form a binding contract with us, and you are not barred from accessing or using our Site under the laws of your jurisdiction. If you are not at least 18 years of age, you must not use our Site.
2. Our Site
License to Use the Site
Records and Disclosures
Termination of Access to Our Site
By using our Site, you understand and agree that at our sole discretion, and with or without cause or notice to you, we can terminate this Agreement; or suspend or block your access to our Site.
If we suspend or terminate your access to the Site, your right to use our Site will stop immediately, and we will retain the ability to use User Content as set forth in this Agreement.
Our Site may be subject to limitations, delays, and other problems that are associated with the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from these problems.
Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, OUR SITE REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SITE WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO US FOR YOUR ACCESS TO OUR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT OUR SITE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AUTHORIZED REPRESENTATIVE OF SPOTLIGHT WILL CREATE A WARRANTY.
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
Your Indemnification of Spotlight
By accessing or using our Site, you agree to indemnify, defend and hold harmless Spotlight and our officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including reasonable attorneys’ fees) arising from or relating to:
- Your use of and/or access to our Site;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- The unavailability of our Site.
3. User Content
Code of Conduct
By using our Site, you represent, warrant and agree that you will not transmit to Spotlight any User Content that is or appears to be:
- plagiarized, misleading, untrue, libelous, or invasive to another person’s privacy or protected data;
- infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- anything that you do not have the legal right to transfer;
- anything that you are legally bound not to disclose under contractual or fiduciary relationships including,
- but not limited to, inside information or proprietary and confidential business information;
- software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or
- limit the functionality of any computer software, hardware, or telecommunication equipment;
- obtained through unlawful means; or
- in violation of any applicable local, state, federal or international law, regulation or statute (including export laws).
We take conduct and use violations very seriously. If you use our Site in a prohibited way, or in a way that we deem to be unacceptable, it will result in the possibility that we will pursue civil remedies against you without providing advance notice.
You grant us a perpetual, irrevocable, unlimited, non-exclusive, transferrable, worldwide, fully paid, and sub-licensable license to use, copy, perform, display, distribute, and make derivative works from, the User Content you submit to us through our Site, or through our email addresses displayed on the Site. You understand we may use your User Content, including your feedback, ideas or suggestions, without any obligation to compensate you for them (just as you have no obligation to offer them).
User Content Disclaimer
You, not Spotlight are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Content. We cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Content, or for any damage resulting from errors or omission in User Content. We expressly disclaim any and all liability in connection with User Content.
You understand that all User Content is the sole responsibility of the owner of the email account from which the User Content originated, and you agree that you are solely responsible for all activities that occur on the Site through your email account(s), whether such activities result from you or any third party.
Harmful or Illegal Use
To the extent permitted by applicable law, you are NOT ALLOWED to circumvent security measures on our Site; or use the Site to commit a crime or to engage in activities harmful to Spotlight, our Site, users of our Site or members of the public.
4. Third Party Content, Websites and Services
Our Site may contain User Content or advertisements which link to third party websites and services that are not owned or controlled by us and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using our Site, you specifically release PEL from any and all liability arising from your: (a) use of any third party website; (b) use of any third party services, or (c) interaction with any third party.
5. Intellectual Property
We respect the intellectual property rights of others and expect you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Site to third parties;
- modify our Site in any way;
- reverse engineer, or permit others to reverse engineer, our Site;
- copy the help features, text or other documentation associated with our Site;
- rent, lend, publicly present, broadcast or distribute our Site;
- make derivative works related to our Site;
- translate our Site into another computer language; or
Our Intellectual Property
The content provided on our Site is owned by us or is licensed to us. This includes, but is not limited to the text, graphics, photos, videos and interactive features created by and for us (collectively, “Spotlight Content”). This also includes trademarks, service marks, and logos contained in our Site (“Spotlight Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By using the Site, you are not granted a right or license to the Spotlight Content or Spotlight Marks other than as set forth in this Agreement.
The Spotlight Content and Marks displayed on our Site are provided to you AS IS, for your information and personal use only. Spotlight Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of Spotlight Content obtained through our Site for any commercial purpose.
If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please send the following information to Info@SpotlightCinemaNetworks.com:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Site, with enough detail that we are able to find it on the Site;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, its agent, or the law; and
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf.
6. Additional Provisions
a. Entire Agreement
b. Choice of Law and Forum
c. Location and Data Transfers
We may assign or transfer (whether by merger, reorganization, consolidation, or otherwise) this Agreement or any obligation incurred under this Agreement. We may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
e. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If we do not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions.
f. Statute of Limitations
g. No Third Party Beneficiaries
h. No Agency
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and Spotlightby this Agreement.
7. Questions and Assistance