Effective Date: October 26, 2020
Our Services are continually evolving and additional terms may apply to your use of particular Services (“Additional Terms”), along with these Terms. We will post Additional Terms (or a link to Additional Terms) on any Services to which they apply and such Additional Terms are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise. Print or save these Terms for your reference.
We may need to make changes to these Terms and any Additional Terms from time to time for many reasons. If we make a material change to these Terms or any Additional Terms, we will notify you by posting a notice on our website. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted.
1. General Provisions
We reserve the right to deny access to the Services, without notice, to anyone who violates these Terms or violated any law, rule, or regulation, engaged in inappropriate conduct, or who, in our judgment, interferes with the ability of others to enjoy this service or violates the rights of others. We may change, restrict access to, suspend, or discontinue the Services and Content (as defined below), or any portion of the Services or Content, to any individual user or all users, for any reason, in our sole discretion, and without advance notice or liability, at any time. Upon suspension or termination of your access to the Services, or upon notice from First Look, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, including sections on Services Use, Our Content (except for the limited license), Submissions, Notice of Copyright Infringement, Customer Support, Services Features, Disclaimers, Limitations of Liability, Indemnification, Agreement to Arbitrate Disputes and Choice of Law, Waiver of Injunctive or Other Equitable Relief, Miscellaneous, California Consumer Rights and Notices, and Terms Applicable for Apple iOS, will survive.
2. Services Use
These Services are intended solely for persons who are 13 or older. Any access to or use of the Site by anyone under 13 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 13 or older. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Services and Content. You further agree that you will not: (i) use the Services or Content for any commercial purpose; (ii) engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to First Look; (iii) harvest any information from the Services; (iv) reverse engineer or modify the Services; (v) interfere with the proper operation of or any security measure used by the Services; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; (viii) advertise or promote services that are not expressly approved in advance by First Look; (ix) collect any information about other users for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications; (x) interfere with any other party’s use or enjoyment of the Services; or (xi) otherwise violate these Terms or any applicable Additional Terms.
3. Donations and Membership
We do our best to describe all the benefits you get as a donor or member of the Services. For example, we may send our donors and members exclusive products offered through the Services. However, as you are making a donation to a non-profit, once you process the transaction you are not entitled to a refund. We do not warrant that product specifications or other content on the Services is complete, accurate, reliable, current, or error-free. All physical products sent to you are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Additional Terms may apply.
For more information on donations and membership, click here.
4. Our Content
The Services contain: (i) materials and other items relating to First Look and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of First Look; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). The Services are made available for your personal, noncommercial use only. Unless otherwise identified on the Services, all right, title, and interest in and to the Content and the Services is the property of First Look or its licensors or certain third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws, and international conventions, to the fullest extent possible. Except as explicitly provided in these Terms, you may not reproduce, distribute, display, perform, create derivative works from, or otherwise exploit any of the Content or the Services.
You may not otherwise reproduce, store, or distribute copies of any Content, in any form (including electronic form), or exploit any of the Content you find here for any commercial purpose, without prior written permission from First Look and/or its licensors or other third-party copyright owners. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in First Look’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
To request permission to reproduce or distribute our material found on the Services, please contact us here.
All rights not expressly granted to you are reserved by First Look and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Services for any purpose is prohibited.
5. Information You Submit to Us
You agree that any information you submit to us will not: (i) promote any commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically offensive language; (iv) discuss or incite illegal activity; or (v) infringe any intellectual property or other right of any third party. We have the right to moderate and remove any information you post on the Services.
For information you submit to us via email or any comment page, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of the information and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree to waive any moral rights that you may have to that information, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of information you submit to us is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to that information. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in the information you submit to us.
You remain ultimately responsible for any information you submit to us.
Notice of Copyright Infringement
First Look respects the intellectual property rights of others and expects those who use the Services to do the same. If you are a copyright owner who believes your copyright protected material has been copied on the Services in a way that constitutes copyright infringement in the U.S.A., please notify First Look of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2), named below:
(1) a detailed description of the copyrighted work that is allegedly infringed; (2) a description of the location of the allegedly infringing material on the Services; (3) your contact information, including your address, telephone number, and email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Our designated Copyright Agent to receive DMCA Notices is:
SVP, Business and Legal Affairs First Look Media Works, Inc. 114 Fifth Avenue New York, New York 10011 917.477.6500
(These addresses are to be used only to notify us of claimed copyright infringement on the Services. Please direct any other comments or inquiries to the Customer Support address below.)
Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
7. Customer Support
Third Parties. Throughout our Services, we provide links to websites and other services maintained by third parties. Our linking to such third-party services does not imply that we endorse such services, or the information, products or services offered on or through those services. The Services may also contain or may interact with third-party content that is not owned, controlled or operated by First Look (collectively, “Third-Party Services”). We may also host our content on Third-Party Services. First Look neither endorses nor controls such Third-Party Services, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third-Party Services, or for the results to be obtained from using them. If you choose to access any such Third-Party Services, you do so at your own risk.
Any interactions, transactions, and other dealings that you have with any third parties found on or through the Services are solely between you and the third party. You hereby agree to indemnify First Look against all claims, injury, damages, and costs, including attorneys’ fees that arise out of your use of any Third-Party Service.
As Is. The Services are provided “as is,” and “as available,” with all faults, and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services or any of the functions therein will be uninterrupted or error-free, that defects will be corrected, or that any part of the Services, or the servers that make the Services available, are free of viruses or other harmful components. Any Content downloaded from or otherwise accessed through the Services is accessed at your own risk; you alone will be responsible for any damage to your person or property, including your computer system and any other Device you use to access the Services, which results from accessing such content. NOTWITHSTANDING THE FOREGOING, THE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
If you are dissatisfied with the Services or Content, your sole and exclusive remedy is to discontinue using the Services.
9. Limitations of Liability; Release
Under no circumstances, including, but not limited to, negligence, will we be liable for any damages arising out of your use of the Services or of any information or Content made available on or through the Services, including indirect, incidental, special, punitive, exemplary, or consequential damages, even if we are advised beforehand of the possibility of such damages. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent permitted by state law.
You hereby release First Look and its affiliates (and their respective directors, officers, employees, agents, representatives, licensors, successors and assigns) from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, that is related to or arises from your misuse of the Services, including, but not limited to, any interactions with or conduct of other users or third-party websites or services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states that “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to indemnify and hold harmless First Look, our affiliates, and each of our and their respective directors, officers, employees, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your misuse of the Services, violation of these Terms by you, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this Section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of the indemnification obligations. This provision does not require you to indemnify First Look for any unconscionable commercial practice or for First Look’s fraud; deception; false promise; misrepresentation; or concealment, suppression, or omission of any material fact in connection with the Services.
11. Agreement to Arbitrate Disputes and Choice of Law
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and First Look agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate First Look’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances First Look may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or First Look must do the following things:
(1) Write a Demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to your local JAMS office or to: JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and First Look, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitration rules, and these Terms (and any applicable Additional Terms). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and First Look.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and First Look in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FIRST LOOK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing First Look here with the Subject Line “Arbitration Opt Out” and providing the requested information as follows: (1) your Name; (2) the URL of these Terms; (3) your Address; (4) your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in these Terms. The opt-out notice must be emailed no later than 30 days after the date you first accept the Terms by using the Services.
12. Waiver of Injunctive or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY FIRST LOOK OR A LICENSOR OF FIRST LOOK.
Our agreement under these Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or these Terms must be filed by you within one year after such claim or cause of action arose or be forever barred.
First Look controls and operates the Services from the U.S.A., and First Look makes no representation that the Services are appropriate or available for use beyond the U.S.A. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Software related to or made available by the Services may be subject to export controls of the U.S.A., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
The sections on Indemnification, Limitation of Liability; Release, and Disclaimers do not apply to New Jersey residents.
14. California Consumer Rights and Notices
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
15. Terms Applicable for Apple iOS
If you are using the Services through an Apple Device, the following additional terms apply:
(i) To the extent that you are accessing the Services through an Apple Device, you acknowledge that these Terms are entered into between you and First Look and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Services.
(iii) You acknowledge that First Look, and not Apple, is responsible for providing the Services and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and First Look, First Look, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including but not limited to: (a) product liability claims; (b) any claim that the Services fail to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Services, or your possession and use of the Services, infringe on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(ix) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.