Effective Date: July 29, 2021
1. Acceptance of Terms
These Terms govern your access to and use of the Site. In order to access and use the Site, you must first agree to these Terms. By accessing or using Site (whether or not you have an account or subscription), or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
In addition to these Terms, your use of certain Temple Hill products and services may require you to accept additional terms and conditions applicable to such products and services. If such additional terms and conditions are made available in connection with any other Temple Hill products and/or services, those additional terms and conditions also apply to your use of such products and/or services and control in the event of any conflict with these Terms.
2. Changes to Terms
Temple Hill reserves the right, at its sole discretion, to change, modify, update or supplement these Terms at any time. When these changes are made, Temple Hill will make a new copy of these Terms available on the Site. All changes are effective immediately when we post them, and such changes shall apply to all use of the Site thereafter. You acknowledge and agree that if you use the Site after the date on which these Terms have changed, Temple Hill will treat your use as acceptance of the updated Terms. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any changes will mean that you accept and agree to the changes.
4. Eligibility to Use the Site
The Site is restricted to those individuals that are at least the age of majority in their state of residence, and are fully able and competent to enter into these Terms. If you are not the age of majority, you may use the Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use. By accessing or using the Site, you represent and warrant that you have sufficient legal capacity to enter into these Terms or, if you lack such capacity, that you have obtained parental or guardian consent to do so. You may not access or use the Site for any purpose if you: (i) do not meet the foregoing requirements; or (ii) are barred from accessing or using the Site under the laws of the jurisdiction in which you are resident or from which you access the Site.
You agree that Temple Hill may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms. You further agree that Temple Hill may preserve any transmittal or communication by you with Temple Hill through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Temple Hill determines, in its sole discretion, that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of Temple Hill, its employees, users of or visitors to the Site, and the public. You agree that Temple Hill may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your use of the Site, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY TEMPLE HILL DURING OR AS A RESULT OF SUCH INVESTIGATIONS.
5. Your Use of the Site
Temple Hill grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Site for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Site, subject to your compliance with these Terms and all applicable laws. In consideration of your access to the Site, you covenant and agree:
6. Temple Hill Content
All text, graphics, interfaces, content, photos, videos, documents, records, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Temple Hill Content”), including the design, expression, “look and feel” and arrangement of such Temple Hill Content, contained or made available on the Site is owned, controlled or licensed by or to Temple Hill, and is protected by trade dress, copyright, patent, trademark, intellectual property and other laws. Except as expressly provided herein, no part of the Site and no Temple Hill Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or other purpose, without Temple Hill’s express prior written consent.
7. User Content
In connection with use of the Site, certain aspects of the Site may enable or allow you and other users of the Site to submit, transmit or post a variety of content and materials to the Site, such as text, images, videos, music and other information (collectively, “User Content”). You are solely responsible for all User Content that you upload, post or otherwise transmit via the Site. You represent and warrant that you have all the necessary rights to upload or post your User Content and that your User Content complies with these Terms. Any User Content that you provide to us, make public or share through the Site may be used by Temple Hill and other users as part of, or in conjunction with, the Site. We will not be required to remove any User Content that you have made public or shared through the Site. Temple Hill has no responsibility or liability relating to any User Content. Temple Hill does not guarantee the accuracy, integrity, or quality of any User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will Temple Hill be liable in any way for any User Content, including any errors or omissions in such User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted or transmitted via the Site. With regard to your User Content, you represent and warrant the following:
8. Third-Party Sites
The Site may contain links to independent third-party websites. Any links to such third-party websites are provided solely as a convenience to our visitors. Temple Hill does not endorse and is not responsible for any materials, content, advertising, products or services made available from such third-party websites. If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit such platforms through our links, please note that the information you post, transmit or make available on such platforms may be viewed by the public. We are not responsible for any third-party use of any information you post, transmit or make available on such platforms.
9. Proprietary Rights
You acknowledge and agree that Temple Hill or its licensors (as applicable) own all worldwide right, title, and interest in and to the Site, including any intellectual property rights embodied therein or related thereto. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the Site or any software used in connection with the Site, in whole or in part. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site. The trademarks, service marks, trade names and logos displayed on the Site are registered and unregistered marks of Temple Hill and third parties. Nothing contained on the Site shall be deemed or construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Site without the prior written approval of Temple Hill or such third party that may own the applicable mark displayed on the Site. Your misuse of any marks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. Any feedback you provide to use relating to the Site shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
Temple Hill does not accept or consider unsolicited creative materials, ideas or suggestions via our website, including, without limitation, unsolicited submissions for motion pictures, television programs, products or services. Any unsolicited submissions of any kind, received by any means will not be read and will be destroyed. The intent of this policy is to avoid the possibility of any misunderstandings if your creative materials, ideas or suggestions are similar to materials or projects that have been independently developed by or on behalf of Temple Hill. Please do not send to us any unsolicited creative materials or similar works or otherwise make any such unsolicited submissions to Temple Hill through the Site or otherwise. In the event you do send us an unsolicited submission, you understand and agree that your unsolicited submission does not create any fiduciary or other relationship between you and Temple Hill and that we are under no obligation to refrain from using the unsolicited submission (in whole or in part), to keep it confidential, or to compensate you for our use of it. Any unsolicited submission will be treated as non-confidential and non-proprietary. Temple Hill and its affiliates shall be free to use any such unsolicited submission for any purpose. Any submission transmitted or provided to Temple Hill shall constitute an assignment to Temple Hill of all right, title and interest in and to such submission, including all intellectual property rights embodied therein or related thereto. Temple Hill may use, modify, copy, publish, distribute, translate and exploit in any medium any submission that you transmit or provide to Temple Hill. We shall be under no obligation to maintain any of your submissions in confidence or pay to you or any third party any compensation for any such submissions.
11. Copyright Infringement
We may terminate the access of users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
If we are notified that any User Content infringes the intellectual property rights of any third party, we may remove such User Content pursuant to the DMCA. We reserve the right to terminate your access to and use of the Site for submitting infringing User Content in violation of these Terms once or on a repeated basis.
12. Notices and Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TEMPLE HILL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT. TEMPLE HILL MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED FROM THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL. TEMPLE HILL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE. TEMPLE HILL DOES NOT WARRANT THAT THE SITE, ANY TEMPLE HILL CONTENT, OR ANY OTHER INFORMATION MADE AVAILABLE TO YOU THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST TEMPLE HILL FOR DISSATISFACTION WITH THE SITE, ANY TEMPLE HILL CONTENT OR OTHER INFORMATION MADE AVAILABLE TO YOU THROUGH THE SITE IS TO STOP USING THE SITE. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TEMPLE HILL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR OTHERWISE RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) ANY ACTION YOU TAKE BASED ON THE CONTENT OR INFORMATION MADE AVAILABLE TO YOU ON OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE. IN NO EVENT SHALL TEMPLE HILL’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE OR THESE TERMS EXCEED ONE HUNDRED US DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEMPLE HILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Temple Hill, its affiliates and each of their respective shareholders, members, managers, directors, officers, employees, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees and court costs), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of, in connection with, or otherwise relating to: (i) your violation of these Terms; (ii) your use of the Site; (iii) your violation of another person’s rights; (iv) your violation of law; or (v) your User Content.
16. Compliance with Applicable Laws
You represent, warrant and agree that you will comply with all applicable laws in using the Site and you will not perform or fail to perform any act that you know or reasonably should know would place Temple Hill in violation of any law. You agree to comply with all laws and regulations regarding online conduct and acceptable content.
17. Governing Law and Jurisdiction
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of any choice or conflict of law provision that would cause the laws of any jurisdiction other than those of the State of California to apply. Any claims or causes of action that you or Temple Hill may bring to enforce these Terms or, in connection with, any matters related to the Site shall be brought only in the state or federal courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of such courts. The Site is controlled and operated by Temple Hill from its offices in the State of California. The content and materials on the Site are presented solely to provide information regarding Temple Hill’s products available in the United States. Temple Hill makes no representation that the content or materials on the Site are appropriate or available for use in other countries or jurisdictions. Any users who access the Site from other countries or jurisdictions are solely responsible for compliance with local laws in that territory, if and to the extent such local laws are applicable. If you are a non-United States user, please be advised that other countries and jurisdictions may have laws and regulatory requirements that are different from those in the United States.
We will not be liable to you for any failure or delay in our performance if such failure or delay is caused by circumstances beyond our reasonable control. The headings of the various sections in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms. We reserve the right to assign or transfer our rights and obligations under these Terms. You may not assign or transfer any of your rights and obligations under these Terms. Any purported assignment by you in violation of these Terms shall be void. Any provision of these Terms that contemplates performance or observance subsequent to any termination of these Terms, or which is otherwise necessary to interpret the rights or obligations of you or Temple Hill hereunder, shall survive any termination of these Terms and continue in full force. If any provision herein is determined to be invalid or unenforceable under law, such provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible, and the remaining provisions of these Terms shall continue in full force. No delay or omission by Temple Hill to exercise any right occurring upon any non-compliance by you with respect to these Terms shall impair any such right or be construed to be a waiver thereof. These Terms state the entire agreement between you and Temple Hill with regard to the subject matter hereof and supersede all prior and contemporaneous agreements, whether written or oral, between you and Temple Hill regarding such subject matter.