| PLEASE READ THESE TERMS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. |
| This "Site" is owned and operated by Empire Entertainment, a division of Arena Holdings ("EE" "we" or "us"). By accessing and using this Site, you agree to abide by the Terms of Use. If you do not agree with any of the terms set forth herein, then EE will not approve your request to register for access to the Site ("Registration Request"), and you will not be permitted to use the Site. |
| We reserve the right, in our sole discretion, to modify, alter or otherwise change the Terms of Use at any time. You agree that we may notify you of modified terms or policies by posting them on the Site and agree that your continued use of the Site after such notice constitutes your agreement to the modified Terms of Use, which will govern your ongoing use of the Site. Thus, you should review the posted Terms of Use each time you use the Site. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available. |
| 1. About http://publicity.empire-ent.africa/ |
| This Site is a secured trade web site for registrants authorized by EE (“Users”) to view, download and/or otherwise utilize certain creative, publicity and other marketing materials relating to motion pictures for which EE owns and/or controls distribution rights (“Materials”) and/or to submit creative, publicity and other marketing materials incorporating the Materials for EE’s approval. Users have the non-exclusive right to use Materials solely in relation to the motion picture to which the Materials directly relate (“Motion Picture”) and subject to the restrictions on use set forth in these Terms of Use in connection with the Motion Picture’s theatrical and home entertainment release in the territory or territories for which EE has granted the User access to the Site and Materials (“Territory”). |
| 2. Use of Materials |
| The Materials and other information made available on the Site may be used by you only for the purposes set forth in these Terms of Use. You agree to comply with the Terms of Use and all policies, restrictions and procedures posted by EE on the Site from time to time regarding the use, publication, posting and/or dissemination of such Materials and Information (as defined below). You acknowledge our collection and use of your information as described in the Privacy Policy applicable to the Site. Unless agreed otherwise in writing in advance by EE, if you are granted access to the Site by EE, you must observe (and ensure that everyone within your organization who has access to the Materials is aware of and observes) (a) any specific requirements set out on the Site in relation to any particular Materials; and (b) the following: |
| - Materials may only be used in connection with the customary reviewing of, publicizing of, commenting on and/or providing coverage of the Motion Picture in association with the Motion Picture’s theatrical and home entertainment release in the Territory, such as by means of: (i) broadcast, print, online, mobile and internet; (ii) other means of publication, both electronic and non-electronic; and (iii) other authorized promotional and publicity opportunities and outlets. |
| - Materials will be available for use until ninety (90) days following the home entertainment release of the Motion Picture in the Territory. The Materials must be stored safely to prevent unauthorized use, access or copying during this time and then destroyed or returned to EE on EE’s request. You may request EE to provide in its discretion, or, EE may provide via the Site, at its discretion, access to Materials for Motion Pictures which are being re-released theatrically after the period above has expired or for Motion Pictures which are not being re-released but are the subject of coverage that would have qualified as a permitted use in association with the initial theatrical release of the Motion Picture. |
| - Any use of the Materials must include all logos, symbols, credits, artwork, copyright notices and/or other wording requested by EE and/or included with the Materials on the Site. |
| - Materials may be reproduced only by you in or through the publication or media outlet, news organization, society and/or directly associated website, in each case corresponding to those of which were submitted and approved as part of your Registration Request. The Materials are not to be sold, loaned, transferred or syndicated to any third party without EE’s prior written approval. |
| - Except for the customary re-sizing of still images and the editing of moving footage for length, you must maintain the original integrity of the Materials provided to you and use as is. The Materials may not be altered, resequenced, reordered, decompiled, edited or modified in any way (including, without limitation, by altering any encryption, or any burnt-in/embedded warnings or watermarks, whether visible or invisible, and however located, encoded or displayed). You must first obtain written permission and approval from EE for any changes to the Materials. |
| - The Materials, or any elements thereof, may not be used to create new works of any kind or nature, including, without limitation, those which are derivative of the Materials, unless you have received EE’s prior written authorization. |
| - The Materials shall not be used for any purposes other than permitted under these Terms of Use, including, without limitation, any way which: (i) parodies, ridicules or satirizes either the Motion Picture or any material on which the Motion Picture is based or the creators of the Motion Picture or such material; (ii) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing or threatening; (iii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information from them or otherwise; (iv) infringes any intellectual property or other right of any person or entity; (v) violates or may be considered to violate any laws; (vi) advocates illegal activity; (vii) is used in any advertisements other than authorized promotional, marketing and publicity conducted in association with the theatrical and home entertainment release of the Motion Picture; (viii) is used in connection with any advertisement, competition, contest, lottery, prize draw, quiz, trivia game, promotion, event, organization (including that organization’s logo), product, services; (ix) is used in any publication, special editions, website or microsite that is primarily and/or substantially devoted to or themed around the Motion Picture to which the Materials relate; and (x) is used as part of in combination with any other work (e.g., “mash up”). |
| - Any use of such Materials to create packaging is strictly prohibited, unless separately agreed between you and EE in writing. |
| - All rights not expressly granted to you are reserved exclusively to EE and/or its affiliates and licensors and you agree not to use any Materials in any way not authorized. You further acknowledge and agree that EE owns and retains all right, title and interest in each and every copy of the Materials made by you or on your behalf. |
| The “Site” is owned, controlled and operated by Empire Entertainment Publicity, and is a secured website for registrants authorised by Empire Entertainment Publicity (“Users”) to use in order to view, download and/or otherwise utilise certain creative, publicity and other marketing materials relating to motion pictures for which Empire Entertainment owns and/or controls distribution rights (“Materials”) and/or to submit creative, publicity and other marketing materials incorporating the Materials for approval. Users have the non-exclusive right to use Materials solely in relation to the motion picture to which the Materials directly relate (“Motion Picture”) and subject to the restrictions on use set forth in these Terms of Use in connection with the Motion Picture’s theatrical release only in the territory or territories for which Empire Entertainment has granted the User access to the Site and Materials (“Territory”). |
| 3. Contact Information |
| Should you require EE’s assistance, such as with your Account Information (as defined below) or Registration Information (as defined below), with instructions on how to use the Site or with any questions about whether your proposed use of the Materials is permitted under these Terms of Use, please contact EE at: publicity@empire-ent.africa. |
| 4. Registration |
| In order to access the Site, you must first provide the information required to complete the Registration Request on the Registration Request page (“Registration Information”), and EE must approve your Registration Request. EE reserves the right at any time, in its sole discretion, without notice, to deny access to the Site or any part thereof, not to approve the Registration Request or to rescind a previously approved Registration Request. You agree, at all times, to: (a) provide current, complete, true and accurate Registration Information; (b) maintain and update your Registration Information as required to keep it current, complete and accurate; and (c) provide additional information about you and your organization which is pertinent to your use of the Site and the Materials thereon, as may be requested by EE from time to time. For security and anti-piracy reasons, EE also reserves the right to independently verify that the Registration Information in your Registration Request is accurate, including, without limitation, by contacting any publication, media outlet, news organization, society and/or directly associated website referenced in the Registration Information to verify your association with same. |
| 5. Access to the Site |
| If we approve your Registration Request, we will send you an electronic message granting you access to the Site and confirming your user identification, password and EE character preferences selected and submitted during the registration process. EE shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all areas of the Site at any time for any reason, without notice, whether or not such access has been granted at any time for previous Motion Pictures or the same Motion Picture. |
| EE shall also have the right, in its sole discretion, to grant you access to the Site but restrict or limit without notice the Materials you may access and/or have the ability to download or otherwise utilize from the Site, whether or not such access has been granted at any time for other Motion Pictures or previously for the same Motion Picture or Materials. |
| 6. User Ids/Passwords |
| EE reserves the right to require you to periodically change your user identification, password and your character preferences or to require you to comply with additional or different access and authentication requirements. You agree to exercise reasonable care and control to maintain the security of your user identification, password, character preferences and account with EE (collectively, "Account Information"). You shall not disclose your Account Information to anyone else, and you shall not use anyone else's Account Information, even if EE has granted such person or someone from his or her organization access to the Site. You agree to notify us immediately about any unauthorized use of your Account Information and/or the Materials any breach of security, such as for example only, someone stealing your Account Information, someone gaining unauthorized access to the Site by using your Account Information and/or someone hacking into the Site through a security breach affecting your computer, network, hardware and/or software. You further agree that EE shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Account Information by you or anyone other than EE. |
| 7. Hypertext Links |
| You may not provide a hypertext link from your site to this Site without our permission. To request such permission, contact us and provide your name, address and telephone number, and a description of your site and the reason why you would like to establish a link to this Site. |
| 8. Security and Hacking |
| You shall not violate or attempt to violate or authorize anyone else to violate or attempt to violate the security of the Site or to disrupt or interrupt the operation or interactivity of the Site. Violations of the foregoing may result in civil or criminal liability. You are solely responsible for the security of your communications to and through the Site. |
| 9. Intellectual Property Rights and Restrictions |
| The Site and all materials on the Site (including but not limited to, the Materials, Download Software, and other information, such as text, images, graphics, icons, illustrations, photographs, designs, logos, audio clips, and video clips) (“Information”) are subject to copyright, trademark, service mark and/or other intellectual property rights and are protected by U.S. and international patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights (collectively, “Intellectual Property Rights”), and all such Intellectual Property Rights are owned and controlled by EE, its parent and/or affiliated companies, or by other parties that have licensed their material to EE, its parent and/or affiliated companies. Use of the Intellectual Property on this Site for any purpose other than as permitted under these Terms of Use constitutes a violation of the applicable Intellectual Property Rights and is prohibited. Materials may not otherwise be modified, copied, reproduced, published, republished, uploaded, posted, transmitted, retransmitted, distributed, sold or publicly exhibited, in whole or in part, in any manner. The compilation of all content on this Site is the exclusive property of EE and is protected by U.S. and international copyright laws. Also, to the extent permitted by applicable laws, decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based in whole or in part on such software, is prohibited. You acknowledge and agree that you do not acquire any ownership rights by virtue of accessing and/or downloading any content or material from the Site and that all rights not expressly granted hereunder are expressly reserved to EE. |
| 10. Submissions, Postings and Email Communications |
| EE respects the privacy concerns of the users of the Site. However, to optimize web pages for each user's computer and to provide an enhanced online experience, certain non-personal information concerning the visitors of the Site is recorded through the standard operation of EE’s Internet servers. (Information tracked includes, without limitation, the type of browser being used by the visitor, the type of operating system being used by the visitor, and the domain name of the visitor's Internet service provider). In addition, E-mail addresses and other personally identifiable data about you and/or your organization are known to EE only when voluntarily submitted as part of the Account Information and Registration Information. |
| Subject to the terms of EE's Privacy Policy, personally identifiable information that may be collected in connection with your submission of Account Information and Registration Information and with your access and use of the Site shall be retained by EE but shall not be sold or otherwise transferred outside of the EE Entertainment Group except as may be described in EE’s Privacy Policy. |
| To the extent that you submit e-mail, postings and/or other electronic communications/messaging (“User Communications”) to EE, and such User Communications contain any notes, messages, postings, ideas, suggestions, concepts, artwork, images or other materials (collectively, "Submissions"), such Submissions shall be deemed irrevocable gifts to EE and shall become the property of EE, and EE shall, subject to any intellectual property rights or contractual obligations of which you advise EE in writing with the Submission, be exclusively entitled to use and exploit the Submissions (without payment to, consideration for, or liability to the individual or entity responsible for the Submissions) throughout the universe in perpetuity or for the duration of legal protection, as applicable, in all media, markets and languages, and in any manner, for any purpose, and through any methods or means now known or hereafter devised. |
| You hereby represent and warrant that: i) you hold all the necessary rights, licenses, consents and permissions required to make any and all Submissions that you submit; ii) any and all Submissions that you submit do not violate, breach or infringe any laws, regulations or codes or otherwise infringe anyone’s legal rights (including, but not limited to, those of confidentiality, defamation, libel, personality, publicity, privacy and intellectual property). |
| 11. Publicity and Confidentiality |
| Site users shall in no event make, cause or authorize the disclosure, by any means and/or media, of any news stories, public announcements, public communications, public references, advertisements, claims of endorsement, or trade references relating directly or indirectly to the Site except as expressly permitted pursuant to these Terms of Use or any Other Agreements (as defined below). |
| 12. Termination |
| Without limiting any of EE’s other rights herein to control access to and use of the Site, either you or EE may terminate these Terms of Use without notice for any reason at any time. EE may and will terminate your access to, and use of, the Site immediately, if, in its sole discretion, EE believes that your conduct fails to conform to these Terms of Use. EE reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any Submission, posting or User Communication that you make or cause to be made by others. |
| 13. Warranty Disclaimer |
| YOU ACKNOWLEDGE THAT YOU ARE A “PROFESSIONAL” AND NOT A “NON-PROFESSIONAL” OR A “CONSUMER” FOR THE PURPOSES OF APPLICABLE LAW. |
| YOU USE THE SITE, THE INFORMATION (INCLUDING, WITHOUT LIMITATION, THE DOWNLOAD SOFTWARE), HARDWARE, MEANS OF COMMUNICATION/INTERFACE AND MATERIALS SOLELY AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SITE, THE INFORMATION (INCLUDING, WITHOUT LIMITATION, THE DOWNLOAD SOFTWARE), HARDWARE, MEANS OF COMMUNICATION/INTERFACE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION OR COMPATIBILITY. EE DOES NOT WARRANT THAT THE SITE, ANY SOFTWARE, INFORMATION, HARDWARE, MEANS OF COMMUNICATION/INTERFACE, MATERIALS OR ANY PART THEREOF, WILL BE AVAILABLE, COMPATIBLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT ERRORS OR DEFECTS IN THEM WILL BE DISCOVERED OR CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY MEANS OF EXAMPLE AND WITHOUT LIMITATION, EE DOES NOT WARRANT OR REPRESENT THAT THE SITE, THE SOFTWARE, HARDWARE, MEANS OF COMMUNICATION/INTERFACE, MATERIALS, INFORMATION OR OTHER RELATED INFORMATION, OR ANY PART THEREOF, ARE OR WILL BE AVAILABLE FROM EE; ARE OR WILL BE AVAILABLE IN ANY SPECIFIC TERRITORY; OR ARE OR WILL BE AVAILABLE AT ANY GIVEN TIME OR OVER ANY GIVEN PERIOD OF TIME. EE ALSO DOES NOT GUARANTEE THE QUALITY, ACCURACY, OR TIMELINESS OF ANY THIRD-PARTY SITES THAT LINK TO OR FROM THIS SITE NOR DO WE ENDORSE OR ADOPT ANY OF THE VIEWS EXPRESSED OR OF THE PRODUCTS AND SERVICES SOLD ON THOSE SITES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. |
| 14. Limitation of Liability |
| EE DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION (INCLUDING WITHOUT LIMITATION, THE DOWNLOAD SOFTWARE), HARDWARE, MEANS OF COMMUNICATION/INTERFACE, THE MATERIAL, RELATED INFORMATION, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF EE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT EE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. |
| 15. Indemnification |
| YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, OBLIGATIONS, JUDGMENTS, CAUSES OF ACTIONS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OF USE OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. |
| Neither EE, nor its affiliated or related entities, nor its content providers, shall be responsible or liable to any person or entity whatsoever (including, without limitation, persons or entities who may use or rely on the information in the Site) for any losses, costs, damages (whether actual, consequential, punitive or otherwise), injuries, claims, actions or liabilities of any kind or nature whatsoever based upon or resulting from any use of the Site, or any use of or reliance upon any information provided on the Site. |
| 16. Dispute Resolution |
| You and EE each agree that the substantive laws of South Africa will govern with respect to all matters relating to or arising out of these Terms of Use, or the use (or inability to use) the Site, and that such laws will apply without regard to principles of conflict of laws. |
| EE does not warrant or represent that the Site complies, in whole or in part, with any foreign laws, if and to the extent that foreign laws are applicable. Those who choose to access the Site from locations outside of South Africa do so at their own risk, and EE disclaims all liability associated with such access. |
| 17. Severability |
| Should any of the terms and conditions of these Terms of Use be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of EE. Provisions not otherwise held invalid shall remain in force and effect. |
| 18. Other Agreements |
| If you are currently a party to, or become a party to, another agreement with EE that governs your access to and use of any of the Materials and Information available on or through the Site (“Other Agreement”), the terms of the Other Agreement will supersede these Terms of Use to the extent inconsistent. |
| 19. Entire Agreement/Waiver |
| Except to the extent stated in the previous paragraph with respect to Other Agreements, these Terms of Use constitutes the entire agreement between you and EE with respect to your use of the Site, superseding any prior agreements between you and EE relating to such subject matter. The failure of EE to enforce any provision of these Terms of Use shall not prevent it from enforcing such provision on any other occasion. No waiver, express or implied, of any breach of these Terms of Use shall be deemed a continuing waiver of such breach. Nothing contained in these Terms of Use shall create any association, partnership, joint venture, or a principal-agent relationship between the Parties. |