Terms and Conditions

Acceptance of Terms of Use

Welcome to the website (the “website”) of Entertainment Partners (“EP”). Your activities and purchases at this website are governed by the terms of use described in this document (the “Terms of Use”) and the conditions, notices and consents obtained by EP from you during your visit to this website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU AGREE AS FOLLOWS:

By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between EP and you. If you are using the website on behalf of your employer or anyone else, you represent that you are authorized to accept these Terms of Use on your employer’s behalf or on behalf of the person on whose behalf you are using the website.

EP reserves the right, at EP’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

Use of Materials Limitation

All materials contained in the website are the copyrighted property of EP, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to EP, or its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from EP.

Privacy Policy

EP respects your desire for privacy. EP’s Privacy Policy can be found here. By using the website, you are consenting to the processing of your data by EP and consenting to the terms of our Privacy Policy.

Use of the Software on the Website

Any software that is made available to download from the website (“Software”) is the copyrighted work of EP and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”), or as expressly stated on the website pages accompanying the software. An end user will be unable to download or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies the Software, use of the Software will be governed by the Terms of Use.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ENTERTAINMENT PARTNERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, EP MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. EP DOES NOT MAKE ANY ASSURANCES, OR PROVIDE ANY WARRANTIES, WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES, OR OTHERWISE. YOU AGREE TO RESPECT AND COMPLY FULLY WITH THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN EP SOFTWARE PRODUCTS.

RESTRICTED RIGHTS LEGEND.Any Software which is downloaded from the website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Entertainment Partners, 2835 N. Naomi Street, Burbank CA 915904.

Use of Documents and Publications on the Website

Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, e) you will not use documents, publications or graphics contrary to any law, and f) you agree that EP may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from EP. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by EP.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, EP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, EP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

Disclaimers and Other Notices for Users of the Website

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND EP HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, EP DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL EP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EP ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

EP MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE AND IN ITS SOLE AND ABSOLUTE DISCRETION.

EP IS NOT RESPONSIBLE FOR ANY PROBLEMS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF EP’S WEBSITE OR SERVICES. IF, FOR ANY REASON WHATSOEVER, YOU BELIEVE THAT THE USE OF EP’S WEBSITE AND SERVICES MAY CAUSE DAMAGE TO YOURSELF, YOUR COMPUTER OR OTHERWISE, YOU SHOULD NOT USE EP’S WEBSITE AND SERVICES.

THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO EP PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT EP INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL EP BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF EP AND EP IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. EP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. EP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT EP ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON, OR USE OF, SUCH THIRD-PARTY SITES. BY USING EP’S WEBSITE, YOU UNDERSTAND AND AGREE THAT YOU WILL NOT HOLD EP RESPONSIBLE, AND HEREBY RELEASE EP, FOR THE CONTENT OF ANY INFORMATION ON ANY WEBSITE THAT YOU MAY DECIDE TO LINK TO THROUGH EP’S WEBSITE. YOU ALSO AGREE NOT TO HOLD EP RESPONSIBLE, AND HEREBY RELEASE EP, FOR ANY LIABILITIES OR DAMAGES THAT YOU MAY SUFFER BY LINKING TO ANY OTHER WEBSITE THROUGH EP, VIEWING ANY OTHER WEBSITE, OR USING THE SERVICES OR PRODUCTS FROM ANY OTHER WEBSITE.

EP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS WEBSITE OR SERVICES, AND YOU RECOGNIZE AND UNDERSTAND THAT OPERATION OF EP’S WEBSITE AND SERVICES COULD BE INTERFERED WITH BY NUMEROUS FACTORS THAT ARE OUTSIDE OF ITS CONTROL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EP OR THROUGH OR FROM EP’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Accounts and Security

If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify EP immediately of any unauthorized use of your account or any other breach of security. EP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EP or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to EP’s display of such information via the services and accept all risks of unauthorized access to such information.

If you provide any information that is false, inaccurate, out of date, or incomplete, or EP has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, EP may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges, internet charges and telecommunications equipment, that you incur in order to use the services.

No Unlawful or Prohibited Use

As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any EP server, or the network(s) connected to any EP server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any EP server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

You agree that any email or other correspondence that you send to any person, business or entity informing them of EP’s website or services shall be done in accordance with all applicable laws and will be done with the consent and permission of the recipient of the email or other correspondence. You also agree and consent that EP may send you email and other correspondence informing you of information about EP’s website and services, and any other information that EP believes would be of interest to you.

Use of Services on the Website

The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively ” Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:

  • Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
  • Use any EP domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
  • Transmit unsolicited or bulk communications to any EP account holder or to any ep.com or affiliated email address (regardless of whether you use the website to transmit any such communication).
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.

EP has no obligation to monitor the Communication Services. However, EP reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. EP reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

EP reserves the right at all times to disclose any information as EP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EP’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. EP does not control or endorse the content, messages or information found in any Communication Services and, therefore, EP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized EP spokespersons, and their views do not necessarily reflect those of EP.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Materials to be provided to EP or posted to the Website

Unless otherwise specified, EP does not claim ownership of the content of any materials that you provide to EP (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or the content of any post, upload, input or submit to the website or its associated services for review by EP, the general public, and/or by the members of any public or private community (each a “Submission” and collectively “Submissions”), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting EP, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all EP services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website. EP may retain any materials that you provide to it, including without limitation, emails, postings, uploads, inputs and submissions, and said materials shall remain the property of EP, and EP shall have the exclusive right to retain or delete said materials at its sole and absolute discretion.

No compensation will be paid with respect to the use of your Submission, as provided herein. EP is under no obligation to post or use any Submission you may provide and EP may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the website. No compensation will be paid with respect to the use of your Images.

You acknowledge that EP does not pre-screen Submissions, but that EP and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the website. Without limiting the foregoing, EP and its designees may disable, restrict access to or the availability of, any Submissions that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.

You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not EP, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. EP does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.

Unsolicited Idea Submission Policy

EP OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EP’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EP. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EP OR ANYONE AT EP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Spam E-mail and Postings

You agree that EP would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that EP is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). EP reserves the right to block, filter or delete unsolicited e-mail.

Indemnity

You agree to indemnify, defend and hold EP, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissons, your use of the website, including any use by your employees or agents, your connection to the website, your violation of the Terms of Use, your violation of EP’s Privacy Policy or any other policies, or your violation of any rights of another.

Advertisements and Promotions

EP may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by EP is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than EP found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. EP is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-EP advertisers on the website.

Copyright Information

COPYRIGHT NOTICE: Copyright © 2009 Entertainment Partners, 2835 N. Naomi Street, Burbank, CA 91504 USA. All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

The Terms of Use constitute the entire agreement between you and EP and govern your use of the website, superseding any prior agreements between you and EP on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and EP in effect as of the date of your use of the website and specifically regarding your use of the website (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other EP services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder. If any of the terms or provisions of the Terms of Use is held to be invalid or unenforceable, such term or provision shall be struck from the Terms of Use, but the remaining terms and provisions shall continue to apply and be enforced. The Terms of Use and any changes thereto shall survive any termination or expiration of these Terms of Use.

California law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You understand and agree that any legal dispute between you and EP, its parent, subsidiaries, affiliates, officers, owners, shareholders, directors, agents, affiliates and employees shall be brought in an appropriate Federal or California court in the County of Los Angeles, California. This Terms of Use and your use of EP’s services shall in all respects be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. You agree that, before initiating legal action against EP, you will deliver a letter to EP by certified mail to: Entertainment Partners, 2835 North Naomi Street, Burbank, California 91504-4603. You agree to explain the basis of your dispute to EP and allow EP ten (10) business days to respond to your dispute. If your dispute cannot be resolved informally, you agree to submit your dispute to mediation with a third party mediator upon request of EP, with you and EP splitting equally the fees and costs of the mediation. If the dispute still cannot be resolved after mediation or if EP has not requested mediation, you may then proceed with your legal action as so provided by this provision.

You understand and agree that there is no agency, partnership, joint venture, employee-employer and/or frachiser-franchisee relationship between you and EP. You understand that you are not authorized to take any action on behalf of EP.

You understand and agree that the Terms of Use and any changes thereto may be assigned by EP, in its sole discretion, to a third party in the event of a merger, acquisition or other business transaction in which EP deems it appropriate to assign such rights to a third party. You also understand and agree that each member of the group of companies of which EP is the parent shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

You understand and agree that EP’s failure to act with respect to a breach by you or others under the Terms of Use does not waive EP’s right to act with respect to subsequent or similar breaches.

EP controls and operates this website from its headquarters in various locations in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

You acknowledge and agree that material on this website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on this website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia and Sudan. This list is subject to change without further notice from EP, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The failure of EP to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.