Terms of Use

Last Revised May 4, 2021

PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THE EROS STX GLOBAL CORPORATION WEBSITE. BY USING THE EROS STX GLOBAL CORPORATION WEBSITE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE including without limitation, the arbitration agreement and class action waiver described in the below section entitled “Dispute Resolution”. 

This “Site” (as defined below) is owned and operated by Eros STX Global Corporation on its own behalf or in combination with any of its subsidiaries (collectively, “Company” or “we,” “us,” or “our”). These terms of use (the “Terms of Use”, “TOU” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at ErosSTX.com and STXfilms.com and any other online and mobile websites, blogs and interactive applications operated by Company (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control).  Your use of this Site confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site. Before using the Site, please review the related Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference.  The English version of these Terms of Use may be translated into non-English languages, but in the event of a conflict or inconsistency between the English version and the other language versions, the English version shall prevail, govern and control.

 

ELIGIBILITY

You represent and warrant that you are either the applicable age of majority, or if you are younger, that you are at least 13 and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms of Use. Certain parts of the Site may be subject to heightened and/or other eligibility requirements.

 

LICENSE TO THE SITE/OWNERSHIP OF MATERIALS

We hereby grant you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these TOU. You shall not interfere (or permit the use of your membership by a third party to interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site (other than and except for “User Content” as defined herein) are owned by or licensed by Company or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material.  Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Company or such third party that may own the Material or intellectual property displayed on the Site.  UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.  Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material.  You agree to report any violation of this Agreement by others that you become aware of.  You are advised that Company will aggressively enforce its rights to the fullest extent of the law.  Company may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

 

USER FORUMS

As a convenience to its visitors, Company may provide, from time to time and at its sole discretion, one or more chat areas, message boards, bulletin boards, e-mail functions, instant messaging service, voice-mail, and other interactive areas as part of the Site (collectively, the “Forums”).  Forums are provided by Company to you and others subject to these TOU, the “Community Guidelines”, (as defined below) the Privacy Policy, and other rules that may be published from time to time by Company in its sole discretion.  The individual who posts messages, content or other information in the Forums (collectively, “User Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and Company has no control over the same.  Additionally, Company has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

Company does not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.

Company does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. Information disclosed in the Forums is revealed to the public by design.  Company reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in Company’s sole discretion.  In addition, Company may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public.  In no event does Company assume any obligation to monitor the Forums or remove any specific material.

You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any User Content.  In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” set forth below.  Without limiting Company’s other rights and remedies, individuals who violate the following Community Guidelines may, at Company’s sole discretion, be banned from using the Forums and/or the Site entirely.

 

Registration and Acceptance of Community Guidelines

In consideration for your use of the Forums, you agree to (i) comply with these TOU and the Community Guidelines, (ii) provide Company with (A) accurate, complete and true information about yourself as required on the Forums registration form (your “Registration Information”) in order to create your Company Forum Account (your “Account”) and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate these TOU, the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at Company’s sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or the Site.

ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF USE AND YOUR COMPLIANCE WITH THE FOLLOWING GUIDELINES (THE “COMMUNITY GUIDELINES”) FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY FORUM.

 

Community Guidelines

You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in Company terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:

Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;

Transmit any User Content in any Forum that Company considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;

Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;

Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a Company official, chat or message board leader, guide or host, or make false or misleading statements;

Disrupt the normal flow of dialogue in a Company chat room or otherwise act in a manner that negatively affects other participants;

Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;

Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;

Invade the privacy or violate any personal or proprietary right of any person or entity;

Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;

Use the Site in any manner that could damage, impair, disable, overburden or harm the Site or circumvent the intended functionality of the Site;

Collect information identifying users of the Site by electronic or other means without authorization from the person(s) affected;

Upload, post, transmit, send, share, store, distribute or otherwise make available on the Site any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and

Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.

By posting or uploading Content to the Site, any Forum or submitting any other User Content to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Site or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Site complies with each of the foregoing Community Guidelines.

You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

SUBMISSIONS

Company is pleased to hear from its visitors and welcomes your comments regarding Company products and services. If Company sponsors a contest or sweepstakes that expressly invites users to submit material for consideration and that contest is governed by a set of Official Rules, then to the extent there is a conflict between the terms of this Paragraph and the terms of such Official Rules, the Official Rules will govern the use of material that is submitted as part of the contest or sweepstakes entry mechanic.

Outside of that type of contest or sweepstakes entry mechanic, however, Company’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below).  While we value your feedback on our services, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials, including but not limited to stories or character ideas, screenplays, or original artwork. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Company’s or its affiliates’ professional staff might seem to others to be similar to their own creative work.  Accordingly, we ask that you do not send us any original creative materials such as plot ideas, storylines, designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private.  If you nevertheless choose to make any such submission, Company may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Without limiting the generality of the foregoing, if you send or post a submission or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance.  For purposes of this Paragraph, all User Content shall be deemed included in the definition of Submissions.  None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.  Company shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit.  By submitting a Submission to the Site or Company, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Site and/or Company will not be acknowledged or returned. You agree and understand that Company is not obligated to use any Submission you make to the Site or Company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission.  You understand and acknowledge that Company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Company’s own employees.  Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects.  You acknowledge and agree that you will not be entitled to any compensation as a result of Company’s use of any such similar or identical material.  Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Company’s actual or alleged exploitation or use of any material you submit to the Site and/or Company, 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 exploitation or other use of any Company production or service based on or allegedly based on the material, 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.

 

LINKING POLICY

If you link to this Site we require that you comply with the following guidelines. You may link only to the home page, and the link must be in plain text. The link must not damage, dilute or tarnish the goodwill associated with Company and/or its intellectual property, nor create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Company. You may not “frame” our Site or alter its intellectual property or content in any other manner. You may not link to our Site from any site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Company in its sole discretion. We reserve the right, in our sole discretion, to terminate a link with any website for any reason or no reason at all.

Company is not responsible for the content or performance of any portion of the Internet or any other websites to which this Site may be linked or from which this Site may be accessed. Users are requested to inform Company of any errors or inappropriate material found on websites to which our Site is or may be linked.  YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

 

PROMOTIONS

From time to time this Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

 

MEMBERSHIP & REGISTRATION

Certain areas of the Site may require registration or may otherwise ask you to provide information in order to participate in certain features or to access certain content. The Site’s practices governing your personal information are disclosed in its Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information.

If you register on the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.  If we disable your account, you agree that you will not create another one without our permission.

 

DISCLAIMER

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Company is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.

 

THE SITE, THE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.LIMITATIONS ON LIABILITY

YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL, THE FORUMS OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1000.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

 

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

 “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters.  In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true.  Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement.  In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material.  Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company. Views and opinions of users of the Site do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site.

The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.

 

INDEMNIFICATION

 

BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the United States, State of California, without giving effect to any principles of conflicts of law.

 

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED. 

By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Company and/or its parent, subsidiaries, affiliates and each of their respective members,  officers, directors and employees (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

 

Modifications, Entire Agreement and Severability

Company reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these TOU, in whole or in part, at any time without further notice. For changes to these TOU that we deem material, we will place a notice on the Site by revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion.  If you access or use the Site in any way after the TOU have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes.  The most current version of these TOU will be available on the Site and will supersede all previous versions of these TOU.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

 

COPYRIGHTS AND COPYRIGHT AGENT

Company respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Our Copyright Agent may be reached at [email protected] or by mailing to Eros STX Global Corporation, 3900 West Alameda Ave, 32nd Floor, Burbank, CA 91505; Attention: Copyright Agent.

If you believe that any user content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide our Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. The exact URL or a description reasonably sufficient to permit us to locate where the alleged infringing material is located on the Site;
4. Your name, address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

 

VIOLATIONS & OTHER POLICIES

Company will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. We reserve the right to modify or discontinue this Site, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Site, or upon demand from us, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (i) tampering with the operation of the Site; (ii) acting in violation of these Terms of Use; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass Company, its representatives or any other individual in any manner related to the Site.

 

JURISDICTIONAL ISSUES

This Site is controlled and operated by Company from its offices within the State of California, United States. We make no representation that materials on the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

CONTACT INFORMATION

If you have any questions, comments or concerns about our Site or these Terms of Use, you may contact us at [email protected].