Effective Date: [September 15, 2020]
USE OF THE SITE
The Site and all Content contained in, and/or made available on, through, or in connection with the Site, includingall copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein, are owned or controlled by Magnolia Pictures, our licensors, or certain other third parties. All right, title, and interest in and to the Site and the Content is the property of Magnolia Pictures, our licensors, or certain other third parties, and is protected by, without limitation, U.S. federal and state, as well as applicable foreign, laws, rules, regulations, and treaties. The term "Content" includes, without limitation, all films, video, audio and audiovisual content, music (including the recordings and compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights, and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Site). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "Site" includes "Content" as well.
Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our intellectual property rights and will aggressively enforce such rights to the fullest extent of the law. We likewise respect the intellectual property rights of others. If you believe that the Site contains materials that infringe rights in work you own or control, please follow the procedures set forth in the DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY section below.
RESERVATION OF RIGHTS
In order to access and use certain Content, features, and functionality of the Site, you may be required to register an account ("User Account") and provide certain additional information, including, without limitation, a unique user ID and password (collectively, "User Credentials"). If you choose to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Site by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. You agree to (a) provide true and accurate information in connection with the registration of your User Account and to maintain and update such information in order to ensure it is true, accurate, complete, and current; (b) not transfer or share your User Credentials to a third party and immediately notify us of any unauthorized use of your User Credentials or User Account, or any other breach of security; and (c) ensure that you log off from the Site at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account; (ii) update, maintain and control access to your User Credentials and User Account’ and (iii) cancel your User Account on the Site. We reserve the right to deny access, use, and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. Magnolia Pictures shall not be responsible or liable for any loss or damage arising from your failure to comply with these terms.
By using the Site, you represent, warrant, and agree that you are thirteen (13) years of age or older.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
We may, in our sole discretion, suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, at any time and for any reason or no reason, in our sole discretion, and without advance notice or liability.
THIRD PARTY SERVICES; ADVERTISMENTS
The Site may contain third party plug-ins, applications, ads, tools, and/or other content, and/or links to third-party websites or other services that are not owned, controlled, or operated by us, including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Magnolia Pictures (collectively, "Third-Party Services"). We may also host our content, apps, and tools on Third-Party Services. We have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and do not assume any obligation to review them. We do not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Magnolia Pictures is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such Third-Party Services.
MAGNOLIA PICTURES 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 SERVICES.
From time to time, you may choose to communicate, interact, transact, deal with, or obtain goods and services of or from, Third Party Services. All such communications, interactions, transactions, and dealings are strictly and solely between you and such Third Party Services and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, agreements, contracts, or other terms or conditions that may exist between you and the Third Party Services or any goods or services you may purchase or obtain from any Third Party Services).
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, your may submit a notification pursuant to the DMCA by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
49 West 27th Street, 7th Floor
New York, NY 10001
Attn: Business Affairs – DMCA Notice
Contact Business Affairs
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to customer service. You acknowledge and agree that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that content you submitted to us was improperly taken down (or to which access was disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to us for use on the Site, you may send a counter-notice containing the following information to our Designated Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Magnolia Pictures does not accept unsolicited submissions for motion pictures, television programs, websites, or any other products or services. Please do not make any such unsolicited submissions to us through the Site or otherwise.
If you send us creative suggestions, ideas, notes, photographs, screenplays, artwork, or any other creative materials (“Submissions”) despite our request that you not do so, you acknowledge and agree that your Submission includes a grant to us of a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and royalty-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submission, for any purpose whatsoever in any and all media, whether now known or hereafter developed, and via any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submission. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
You further acknowledge and agree that you will not receive any fees, sums, consideration, or remuneration of any kind for any of the rights granted in connection with such Submissions. Our receipt of your Submission is not an admission of its novelty, priority, or originality, and does not impair our right to existing or future intellectual property rights relating to your Submission.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.
You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any Submission, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition, or other exploitation of any production based on or allegedly based on the Submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
PROMOTIONS, CONTESTS, AND SWEEPSTAKES
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH THE SITE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site.
You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Magnolia Pictures assumes no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY MAGNOLIA PICTURES OR A LICENSOR OF MAGNOLIA PICTURES.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE, OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
CALIFORNIA CONSUMER RIGHTS
Residents of California are entitled to additional consumer rights. To learn more, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 800.952.5210 or (916) 445-1254. Their website is located at: http://www.dca.ca.gov.