Project Greenlight - Terms of Use

Terms of Use


This is version 2.0 of the project greenlight terms of use (last updated July 1, 2001). LivePlanet, Inc. ("LivePlanet"), as a member of Project Greenlight, which includes LivePlanet and each of its respective partners, affiliates, sponsors, parent companies, officers, directors, shareholders, representatives, agents, and any of their employees (together, "project greenlight," "we," "our" or "us"), provides the Project Greenlight World Wide Web Site (the "Site," located at https://www.projectgreenlight.xyz), together with the advertising and content on the Site and any related services (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions, our Privacy Policy, and any Participation Agreement or other agreement you are required to enter into with project greenlight in conjunction with your participation a contest. If you do not agree to these terms and conditions, please do not use the Site. This Agreement is made between project greenlight and you, as a Site visitor or Member ("you"). We reserve the right at any time to: · change the terms of this Agreement; · change the Site or the Services, including eliminating or discontinuing any content on or feature of any Site; or · impose or change any fees or charges for use of the Site or Services. Any changes we make will be effective immediately on notice, which we may give either by posting the revised Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to bookmark this page and to review periodically this Agreement to ensure familiarity with the most current version, as we may not provide notification prior to making changes to this Agreement. The "last update" date at the top of the Agreement will assist you in determining whether you have reviewed the most current version. (1) CODE OF CONDUCT. While using the Site or the Services, you agree not to: · Restrict or inhibit any other visitor or Member from using the Site or the Services; · Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; · Transmit any information, software, or other material that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; · Use the Site or Services for any unlawful purpose; · Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services, or the software underlying either of them, or modify any materials downloaded from the Site; · Modify, copy, or tamper with any screenplay or any other content that you may access through the Site; · Use any screenplay or other content that you might access through the Site for any reason other than reading or reviewing such screenplay or content; · Harvest, collect, or disclose information about other Site visitors or Members without their express consent; or · Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Services or their contents, unless otherwise permitted by project greenlight. While using the Site and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site (including, without limitation, any Submission or other Material). However, you acknowledge and agree that we have the right to monitor the Site and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly; to protect project greenlight, the Site, the Services, our sponsors, partners, affiliates, and our Members and visitors; and to comply with any legal obligations, regulations, or governmental requests. (See our Privacy Policy for further details.) (2) SUBMISSIONS. Any Submission or Material that you transmit to us or post anywhere on the Site or through the Services may be used by project greenlight or its affiliates. Also any material that you send to us or post anywhere on the Site or through the Services, including, without limitation, any Unsolicited Submissions (as defined below), bulletin board posting, chat room message, or similar message ("Postings") may be used by project greenlight or its affiliates, partners, or sponsors throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable or complement any such use. Furthermore, you acknowledge that project greenlight is free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Submissions and/or Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. (3) UNSOLICITED SUBMISSIONS. You shall not post, send or bring to our attention any creative materials of any kind, apart from your Submissions, if any, submitted in connection with a project greenlight sponsored contest (or any contest sponsored by a third party but hosted on the Site), such as stories or character ideas, screenplays, songs, or original artwork (collectively, "Unsolicited Submissions"), unless you agree to our use thereof as described above in Section 2. We hope you will understand that it is the intent of this policy regarding Unsolicited Submissions to avoid the possibility of future misunderstandings when projects developed independently might seem to others to be similar to their own creative work. If you send us any Unsolicited Submissions despite your foregoing obligation not to do so, we take no responsibility and will have no liability with respect to the use by anyone (including project greenlight) of such Unsolicited Submissions or any portion thereof. None of the Unsolicited Submissions shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Further, by sending us Unsolicited Submissions you release, waive any claims with regard to, and hold harmless project greenlight (and its business partners, affiliates, sponsors, officers, directors, agents, employees, and any parent companies) from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense (through multiple tiers), assignment, reproduction, distribution (through multiple tiers), creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such Unsolicited Submissions in any media now known or hereafter developed, for any purpose whatsoever. (4) OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS. The Site is owned and operated by project greenlight in conjunction with our affiliates, licensors, partners, and others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial home use only, provided you keep intact, without change, each such material and all copyright and other proprietary notices in or on such material. Modification of the materials (including, without limitation, modification of any Submission for any purpose) or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. If you download any material that we make available on the Site, such material, including any software, text files, screenplays reviews, audio files, video files, data files, images incorporated in any material or generated by any software, and data accompanying any software or materials (collectively, the "Downloads"), are licensed on a limited basis to you by us (or through us by the owner of such Downloads) only for your personal, non-commercial use in connection with your use of the Site as permitted by this Agreement, or to fulfill any obligations you may have under any other agreement that you have or are required to enter into in connection with the Site. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but (as between you and us) project greenlight retains all right, title, and interest in and to the Downloads, and all intellectual property rights therein. You may not sell, decompile, reverse engineer, disassemble, license, or otherwise transfer the Downloads to any third party. The following trademarks: LIVEPLANET, HBO, MIRAMAX FILMS, MIRAMAX, PROJECT GREENLIGHT, project greenlight, GREENLIGHT: THE SERIES, GREENLIGHT: THE MOVIE, THE GREENLIGHT FILM, PROJECT GREENLIGHT CONTEST, and all associated logos and domain names, including, without limitation, PROJECTGREENLIGHT.COM, GREENLIGHTPROJECT.COM, GREENLIGHTMOVIE.COM, GREENLIGHTSERIES.COM, GREENLIGHTSHOW.COM and GREENLIGHTSCREENPLAY.COM, are the trade names, trademarks, service marks, logos, and/or domain names of project greenlight or its licensors ("Greenlight Marks"). Other trademarks, service marks, logos, and/or domain names used on the Site or in the Services (including, without limitation, the individual names of film, TV or other entertainment shows and providers and the domain names associated therewith), where not the property of project greenlight, are the trademarks, service marks, logos, and/or domain names of their respective owners ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of project greenlight or any third party in or to the Greenlight Marks or the Third Party Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Greenlight Marks or Third Party Marks. (5) COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notification requesting that the material be removed, or access to it blocked. To be effective, the notification must include the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. 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 the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; and 5. A statement that the complaining party has 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA, including, without limitation, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a proper notification (or if we believe in our sole discretion) that any materials submitted by you (including any Submission) allegedly violate another person's or entity's rights, we reserve the right to withdraw and remove the affected material from our Site, at any time in our absolute discretion. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. Notices and counter-notices for the Site should be sent to Chris Moore at DMCA@projectgreenlight.com. Alternatively, you may contact us via U.S. mail at: Project Greenlight, 7610 Beverly Boulevard, P.O. Box 48649, Los Angeles, CA, 90048, Attn: DMCA Notices. This contact information is for notices of copyright infringement only. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. (6) PRIVACY POLICY. We require you to read our Privacy Policy, which (in addition to this Agreement, , and any specific Participation Agreement by which you may be bound) sets out how we collect and use any information you submit to project greenlight or through the Site, including any information submitted in connection with such sweepstakes, contests, and games. You must be at least 18 years old to register for a project greenlight Contest or the Site. If you are under the age of 13, or are a parent of a child under the age of 13, please be aware that we do not permit registration by children under the age of 13, and do not knowingly collect any information from children of any age. (7) JURISDICTIONAL ISSUES. Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States. We control and operate the Site from within the State of California, United States of America. We make no representation that materials on or made available through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such local laws are applicable. The Downloads are further subject to United States export controls. No Downloads may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Serbia (Yugoslavia) or any other country to which the U.S. has embargoed goods; 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 (as applicable) using the Site, the Services, or the Downloads, 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. We reserve the right to limit the availability of the Site and/or the provision of any service, program, or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit or change the quantities and nature of any such service, program, or other product that we provide at any time. (8) TERMINATION. project greenlight reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. (9) DISCLAIMERS. THE MATERIALS CONTAINED ON AND/OR IN THE SITE AND SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND/OR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, project greenlight AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. project greenlight AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, THE SITE, OR THE DOWNLOADS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SITE (OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE) OR DOWNLOADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, SITE, AND THE DOWNLOADS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF project greenlight OR ITS AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES, DOWNLOADS, OR OTHERWISE, SHALL CREATE ANY WARRANTY. We neither endorse nor are responsible for any opinion, advice, information, content, or statement made, provided, or displayed on the Site, through the Services, or on or in any Download. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREENLIGHT DISCLAIMS ANY WARRANTY THAT ANY, SCREENPLAY, POSTING, OR OTHER MATERIAL ON THE SITE IS APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR READER, OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS OR ASPECTS. YOU ACKNOWLEDGE THAT WE DO NOT AND CANNOT REVIEW AND MONITOR MATERIAL ON THE SITE, AND YOU HEREBY AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR PUBLICATION OR YOUR READING OF, EXPOSURE TO, OR ACCESS TO ANY SCREENPLAY OR OTHER CONTENT ON THE SITE. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on or our publication of such information obtained through the Site or Services. Remember that it is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information, or statement available on the Site or through the Services. A possibility exists that the Site and/or Services could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Services, or to certain Downloads. Although we attempt to ensure the integrity of the Site, Services, and Downloads, we make no guarantees as to their completeness or correctness. THE SITE AND SERVICES MAY CONTAINS LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF project greenlight AND project greenlight IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT YOUR OWN RISK. project greenlight PROVIDES LINKS AS A CONVENIENCE, AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE ENDORSE OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES. (10) LIMITATION OF LIABILITY. NEITHER project greenlight NOR ITS SUPPLIERS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES, THE DOWNLOADS, OR ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICE, THE DOWNLOADS, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE, THE SERVICE, AND/OR THE DOWNLOADS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO project greenlight AND ITS AFFILIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES. (11) INDEMNIFICATION. You shall be fully responsible for any violation of this Agreement or of any other agreement between you and us that is referred to herein (including but not limited to the Privacy Policy, and any Participation Agreement). You agree to indemnify, defend and hold project greenlight, our officers, directors, employees, agents, partners, affiliates, sponsors, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation, any violation of the Code of Conduct set forth in Paragraph 1 of Section 1; (b) any allegation that any materials that you submit to us or transmit to or post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party; (c) your activities in connection with the Site, the Services, or the Downloads, and/or (d) your relationship with project greenlight, or any of its respective partners, affiliates, sponsors, or agent, or any of their employees or representatives. (12) ARBITRATION. In the event of any dispute arising out of or in connection with thesite,regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator selected pursuant to this provision shall have at least ten (10) years of related intellectual property experience, be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with project greenlight, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Any award favorable to you, if related to any submission or use of any materials owned or created by you or under your control (including Material, or any other content or information of any kind), shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation customarily paid by project greenlight (or its constituent members) for similar material, taking into account your creative experience at the time the material was submitted, the nature of the material, and any amount received by you for other material created before the submission of the disputed material to project greenlight. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement, our terms of use, our Privacy Policy, any Participation Agreement, or any other agreement between you and project greenlight, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 12, and in no event will you be entitled to seek injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not enter the Contest or use the Site. (13) MISCELLANEOUS. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You hereby agree to submit to arbitration as set forth in Section 12, in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such arbitration or location. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with any agreement referred to herein (including the Privacy Policy, any Participation Agreement, and any other agreement between you and project greenlight), constitutes the entire Agreement between us relating to the subject matter described herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent, and any such transfer, assignment or sublicense shall be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your registration with project greenlight. If such email address does not function (e.g., if our email notice is "bounced back" or is otherwise undelivered or undeliverable), we will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information f or you may be available to us. Your electronic consent to this Agreement (or to any other agreement between you and us referred to herein), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Site governed by this Agreement, shall constitute your electronic signature and, according to the provisions of federal law, shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. (14) NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.