PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIABILITY LIMITATIONS AND EXCLUSIONS, BINDING ARBITRATION TO RESOLVE DISPUTES, AND WAIVER OF THE RIGHT TO BRING CLAIMS AS PART OF A CLASS ACTION OR CLASS ARBITRATION.
At any time and from time to time, and without your consent, we may, in our sole discretion and without any notice or cause, unilaterally amend, modify, alter or otherwise change this Agreement. By continuing to use the Services after any amendment, modification or change, you have agreed to be bound by all such modifications, amendments and changes. We will post changes on the Services, therefore please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
Annapurna operates the Services in the United States. If you access the Services or its features from outside the United States, then be aware that, under this Agreement, United States laws apply to Annapurna and its affiliates, agents, owners, employees, contractors, representatives, successors, and assigns (collectively, "Annapurna and its Related Parties"), to the Services, to any of our affiliated websites (“Affiliated Websites”), and to all of our services, as opposed to any foreign or regional law that may relate to intellectual property rights, privacy rights, collection of data, or other rights. Information contained on the Services may not be appropriate or available for use in other locations, and access to the Services from territories where the content of the Services may be illegal is prohibited. If you access the Services from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICES CONTENT IS STRICTLY PROHIBITED.
You are advised that Annapurna will aggressively enforce its rights to the fullest extent of the law. Annapurna may amend the Services and/or the Services Content at any time without prior notice to you as well as deny or limit access to the Services (including User Forums) and/or the Services Content or unilaterally revoke any license that we grant, including without limitation if Annapurna learns of or suspects of your breach of this Agreement.
Subject to this Agreement, you are granted a limited license to access and use the Services and the Services Content for personal and non-commercial use only that is lawful and in accordance with this Agreement. Any use of the Services or Services Content, other than as specifically authorized by this Agreement, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited, will constitute a violation of this Agreement, and will automatically and immediately terminate all licenses granted by Annapurna herein. Such unauthorized use might also violate applicable laws, including copyright or trademark laws.
Annapurna and its Related Parties are not liable for your conduct or the conduct of any third party. Nonetheless, in addition to the other terms of this Agreement, you agree to use the Services, Services Content and features associated therewith in accordance with all applicable laws, rules and regulations, not for any unlawful purposes, and not in a manner that might violate Annapurna's rights or the rights of others. You also agree to all of the following specific rules governing your conduct on the Services, including any User Forum:
You agree to report any violation of this Agreement by others of which you become aware.
Forums or other interactive areas that may be offered on the Services ("User Forums") are provided to give users a forum to express their thoughts or opinions and share their ideas, reviews, feedback and information ("User Content"). Annapurna does not endorse the User Content posted in User Forums.
Annapurna does not and cannot review every message or User Content posted by users to the Services or in the User Forums, and is not responsible for the User Content, the content of the messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public, and you understand that the uploading to and/or posting of any User Content to the Services, including in any User Forum, shall not be subject to any obligation of confidence on the part of Annapurna, and Annapurna shall not be liable for any use or disclosure of any User Content. Annapurna reserves the right, but is not obligated, to monitor the User Forums, or to delete, move, restrict access to or viewing, or edit content (including User Content), in whole or in part, submitted by you to the Services or User Forums for any reason in Annapurna’s sole discretion and without any notice or cause. You are fully and solely responsible for any content, including User Content, that you upload, post, transmit or share to the Services, including the User Forums. You understand that any content, including User Content, that you post and/or upload on the Services, including in the User Forums, must be owned and/or created by you or you must have permission to upload, post, transmit, or share.
By posting or uploading User Content to the Services, including in any User Forum, or by submitting any User Content to Annapurna, you automatically grant Annapurna a perpetual, worldwide, fully-paid, irrevocable, non-exclusive, transferable right and license to use, copy, publicly perform, publicly display, reproduce, modify, reformat, adapt, publish, excerpt, translate, sub-license, create derivative works from and distribute such materials or incorporate such User Content into other works or any form, medium, or technology now known or hereafter devised throughout the universe in perpetuity for any purpose (commercial, advertising, or otherwise) without compensation or credit to the provider, author or owner of the User Content. In addition, you warrant that the User Content as uploaded or posted by you does not violate any person’s intellectual property rights, proprietary rights, so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.
Annapurna respects the intellectual property of others and we expect our users to do the same. We prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, as described below, we may promptly remove or disable access to any allegedly infringing material and may terminate any account of any repeat infringer, in accordance with the Digital Millennium Copyright Act (“DMCA”). Annapurna has designated a Copyright Agent to receive notice of claims of copyright infringement on the Services.
Annapurna’s Copyright Agent may be reached at email@example.com.
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 Annapurna’s Copyright Agent with a written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3), that contains substantially the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description in sufficient detail of the copyrighted work or intellectual property that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
The exact URL or a description reasonably sufficient to permit Annapurna to locate where the alleged infringing material is located on the Services;
Your name, address, telephone number and email address;
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;
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.
Annapurna does not accept unsolicited submissions for motion pictures, television programs, web sites or other products or services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of Annapurna’s staff might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Annapurna through this Services or otherwise. To the extent that you make any submissions, you hereby acknowledge and agree that your relationship with Annapurna is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Annapurna does not place Annapurna in a position that is any different from the position held by members of the general public with regard to your submissions. In addition, you hereby waive any moral rights you may have in and to any of your submissions, even if such material is altered or changed in a manner not agreeable to you. Further, you represent and warrant that any submissions are original with you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree and understand that Annapurna is not obligated to use any submission you make to Annapurna through the Services or otherwise and you have no right to compel such use.
If you link to the Services, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Annapurna. The link to the Services must not damage, dilute or tarnish the goodwill associated with any Annapurna and its Related Parties names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Annapurna and its Related Parties. You may not "frame" the Services or alter its intellectual property or Services Content in any other way. You may not link to the Services from a 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 Annapurna in our sole discretion.
Annapurna reserves the right, in our sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Annapurna deems to be inappropriate or inconsistent with or antithetical to the Services and/or this Agreement.
Annapurna is not responsible for the content or performance of any portion of the Internet including other world wide websites to which the Services may be linked or from which the Services may be accessed. Users are requested to inform Annapurna of any errors or inappropriate material found on websites to which the Services is or may be linked.
Any products or services (including streaming services) provided on the Services are subject to change, as is product or service information and availability and pricing. In addition, the products may have limited quantities and are subject to return or exchange only in accordance with any return policy made available by Annapurna. In the event a product is listed at an incorrect price or with incorrect information, Annapurna shall have the right, prior to the acceptance of your order, to decline or cancel any such orders. If Annapurna cancels all or a part of your order, your sole and exclusive remedy is that Annapurna (a) issue a credit to your credit card in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card for the cancelled portion of the order. Annapurna reserves the right, but is not obligated, to place numerical or geographical limitations on the sale of the products or services, and Annapurna reserves the right to limit the quantities of any products or services that Annapurna offers. Any offer for any product or service made on the Services is void where prohibited.
The Services may provide opportunities for you to participate in sweepstakes, contests or other promotions that require you to submit material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Services 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 abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects. Annapurna may also offer opportunities to participate in sweepstakes that are not branded or are through non-branded channels, such channels may be operated independently of a relevant film.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANNAPURNA AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO THE SERVICES, ANY SERVICES CONTENT, USER CONTENT, USER FORUMS, ANY OTHER SERVICES, OR ANY INFORMATION CONTAINED ON THE SERVICES (COLLECTIVELY, "WORKS"). THE WORKS ARE PROVIDED "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS". THE INFORMATION AND FEATURES IN THE WORKS HAVE BEEN COMPILED FROM A VARIETY OF SOURCES, ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED, ACCURATE, UP-TO-DATE, ERROR-FREE OR WILL MEET YOUR NEEDS OR EXPECTATIONS. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WORKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR ACCESSING OR USE OF THE WORKS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS THAT MAY BE ACCESSED FROM THE WORKS ARE FREE OF SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANNAPURNA AND ITS RELATED PARTIES, ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR OTHERWISE, ARISING FROM OR RELATING TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO USE THE SERVICES, THE USER FORUMS, OR THE SERVICES CONTENT, (C) YOUR USE OF ANY INFORMATION, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, (E) ANY ACTION OR INACTION OF ANY OTHER USER, OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION OR THE SERVICES CONTENT. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR INABILITY TO USE THE SERVICES, THE USER FORUMS, OR THE SERVICES CONTENT, (III) YOUR USE OF ANY INFORMATION, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, (V) ANY ACTION OR INACTION OF ANY OTHER USER, OR (VI) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATIONS OR SERVICES CONTENT IS LIMITED TO THE SUM OF FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ANNAPURNA AND ITS RELATED PARTIES HARMLESS FROM AND AGAINST ALL CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, AND LIABILITIES BROUGHT BY YOU, ON BEHALF OF YOU OR YOUR ESTATE, OR BY ANY OTHER PERSON, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR IN ANY MANNER CONNECTED WITH: (I) THIS AGREEMENT, (II) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (III) YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; (IV) YOUR USE OR INABILITY TO USE THE WORKS; (V) YOUR USE OF ANY INFORMATION OR SERVICES CONTENT OR USER CONTENT (OR YOUR UPLOADING OR SUBMISSION OF USER CONTENT TO THE SERVICES OR TO ANNAPURNA) THAT INFRINGES ANY INTELLECTUAL PROPERTY, PROPRIETARY OR OTHER RIGHT OF ANY PERSON; (VI) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA; (VII) ANY ACTION OR INACTION BY ANY OTHER USER. ANNAPURNA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE AND ASSIST IN ANNAPURNA'S DEFENSE OF ANY CLAIM.
ARBITRATION, CLASS ACTION WAIVER
NEITHER YOU NOR ANNAPURNA WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the language in the preceding paragraph of this “Arbitration, Class Action” section will be null and void. This arbitration agreement will survive the termination of your relationship with Annapurna.
The Arbitration shall be held at a location reasonably convenient for you, if you are in the United States, and in Los Angeles, California if you reside outside the United States and you and Annapurna agree to the jurisdiction of the courts there in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude resort to another or to any other right or remedy provided by law.
If any provision of this Agreement 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 this Agreement, which will remain in full force and effect.
When you visit the Services, provide your email address or send emails to Annapurna, you are communicating with Annapurna electronically. In doing so, you consent to receive communications from Annapurna electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Services satisfy any legal requirement that such communications be in writing.