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TERMS OF USE

Effective Date: August 25, 2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING THIS WEBSITE YOU AGREE TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, MANDATORY ARBITRATION AND WAIVERS OF CLASS ACTIONS AND JURY TRIALS. 

 

INTRODUCTION

Welcome and thank you for using this website or other digital offering from Blumhouse Holdings, LLC and/or its affiliates (collectively,  “Company” or “we,” “us,” or “our”). These Terms of Use (including any future modifications, the “Terms”) are a contract you are entering into with us and govern your use of any website, application, or other digital offering that posts an authorized link to these Terms at any time, and all of its features, content, and other services (collectively, the “Service”). By accessing or otherwise using the Service, you agree to these Terms and acknowledge your understanding of our Privacy Policy  (the “Privacy Policy”), which you should read before accessing the Service. If you do not agree and consent, then do not access or otherwise use the Service.

 

MODIFICATIONS

We reserve the right in our sole discretion to modify these Terms prospectively at any time. You agree that we may notify you of modifications by posting the updated Terms on the Service and indicating the date of the update above. You acknowledge that your continued use of the Service after such notice constitutes your agreement to the modified Terms, which will govern your ongoing use of the Service. Thus, you should review the posted Terms of Use each time you use the Service. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.

 

ADDITIONAL TERMS

In some instances, certain aspects of the Service may be subject to additional or different terms and conditions (collectively, “Additional Terms”), which are hereby incorporated into these Terms by reference. When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.

 

ELIGIBILITY

By accessing or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement and are at least 18 years old (or the applicable age of majority where you reside, if higher). Our Service is not directed at or meant for individuals under the age of 18. NO ONE UNDER THE AGE OF 18 IS PERMITTED TO USE OUR SERVICE. Anyone under 18 who uses our Service or assists anyone under the age of 18 to use our Service is in violation of these Terms.

 

OWNERSHIP

The Service and all of its content, materials and other elements now or in the future, including without limitation text, information, articles, illustrations, designs, photographs, layouts, logos, domain names, audio and video materials, and all other works of authorship, as well as all copyrights, trademarks, trade names, patents, and all other forms of intellectual property relating thereto (collectively, the “Content”) are owned and/or controlled by Company, its licensors, and certain other third parties, and protected by copyright, trademark, trade dress, patent and/or other intellectual property, unfair competition, and other laws to the fullest extent possible.

Subject to your strict compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access the Service and view its Content (as it is displayed to you) on personal devices solely for your personal, non-commercial use as expressly permitted by these Terms and the features and functionality of the Service. Nothing contained in the foregoing license or otherwise in these Terms shall be construed as giving you any ownership or other interest in any Content or the Service or granting any license or right to use the Service or any Content in any manner other than as expressly permitted in these Terms. All rights not expressly granted are reserved by Company, its licensors, and other third parties (as applicable).

Your unauthorized use of the Service or any particular Content or element thereof is strictly prohibited and will constitute a violation of these Terms as well as any applicable laws. Any such unauthorized use or other violation of these Terms (i) automatically terminates the license granted to you above, (ii) obligates you to cease all use of the Service and Content, and (iii) may result in your personal liability, including potential criminal and/or civil liability.

 

RESTRICTIONS ON USE

You agree that as a condition of your license, neither the Service nor any Content may be copied, reproduced, republished, publicly displayed or performed, used for the creation of derivative works, uploaded, posted, transmitted, reverse-engineered, modified (including, without limitation, by removing copyright notices, trademarks, or other identifying marks or by framing, mirroring, or similar techniques), distributed, or otherwise exploited in whole or in part in any manner unless expressly permitted to do so in writing by Company, and you will not (i) use the Service or Content for advertising, promotional, or other commercial purposes, or in a manner that suggests an association with Company, its licensors, licensees, or any of their respective brands, productions, or other products or services, (ii) disrupt, disable, damage, overburden, circumvent or otherwise interfere with any security feature or the proper operation or availability of the Service or Content or introduce any virus, code, or other harmful program or element; (iii) harvest, scrape, or otherwise collect or store any information from the Service or Content, (v) attempt to gain unauthorized access to the Service, Content, or any computer systems, networks, or accounts related thereto, (vi) infringe any intellectual property or other rights of Company or any third parties, (vi) act with intent to annoy, abuse, threaten or harass Company, its representatives, or any other individual in any manner related to the Service, and (vii) use the Content or Service for any unlawful purposes, it being understood you shall comply with all applicable laws, rules, and regulations of any applicable jurisdiction at all times.

 

AVAILABILITY; SUSPENSION/TERMINATION

You understand the Service is intended for entertainment purposes only and may be temporarily unavailable at times due to maintenance, malfunction of computer equipment or cloud availability, or any other cause. We may add, change, discontinue, remove or suspend any Content or functionality of our Service at any time, without notice and without liability.

We may suspend or terminate the availability of the Service and any Content, in whole or in part, to any individual user or all users, for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon earlier notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content and destroy all materials obtained from the Service and any copies thereof. The provisions of these Terms which by their nature should survive such suspension or termination (e.g., any rights granted by you, waivers, indemnities, disclaimers, limitations on liability, jurisdiction, choice of law, mandatory arbitration, no class action) shall remain in effect during any periods of suspension and after any termination.

 

USER CONTENT

In the event Company ever invites or otherwise allows you to post, upload, display, or otherwise make available any comments, messages, suggestions, questions, information, ideas, photographs, images, videos, chats, contest entries, or other written, visual, or audio-visual content, whether through the Service, in connection with any contests or other promotions, or on or in response to Company’s pages or posts on any third party platforms, by any media or manner (collectively, “User Content”), you do so at your own risk and (i) acknowledge User Content may be accessible to the public (so please exercise caution before sharing any personal information) and shall not in any event be treated as confidential or proprietary, (ii) grant Company a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, unrestricted, worldwide license to use, reproduce, publish, publicly perform, publicly display, modify, add to, distribute, transmit, promote, advertise, and make derivative works of the User Content, together with a grant of all applicable consents or waivers (including waivers of publicity rights and moral rights, if any) in favor of Company and its successors and assigns, by any means and in all media now known or hereafter devised in perpetuity, without any notice or compensation to, permission from, or any obligation to reference, you or any other person, and you hereby authorize the use (in Company’s sole discretion) of your name, handle, likeness, and other attributes as they were shared by you in or in connection with such User Content, (iii) acknowledge that you have no expectation of any form of compensation or attribution for any User Content, that Company shall have no obligation to use, acknowledge, or return it, and that Company shall have no responsibility or liability whatsoever in connection therewith (iv) represent and warrant that you are the exclusive owner of all rights in the User Content, which is wholly original with you, or otherwise have the unrestricted right to grant the license above and that no rights or consents shall be required from any third party, (v) agree to waive any legal or equitable rights or remedies you may have against Company or any successors or assigns with respect to such User Content, and (vi) agree not to share any User Content which infringes, misappropriates, or otherwise violates any intellectual property, publicity, privacy, or other rights of any third party, reveals any confidential information, promotes illegal acts, or is unlawful, harmful, inaccurate, defamatory, discriminatory, hateful, invasive, inflammatory, vulgar, offensive, sexually explicit, indecent, obscene, threatening, harassing, abusive, falsely representative of your persona, or otherwise objectionable, or which otherwise violates the Terms, as determined by Company in its sole discretion (collectively, “Objectionable”). Company shall have no obligation to review or monitor any User Content, but shall have the right to modify or remove it at any time, without notice or liability to you.

 

UNSOLICITED SUBMISSIONS

Company does not accept any creative ideas, suggestions, or materials in any format that it has not specifically requested (including, but not limited to, unsolicited screenplays, story ideas, concepts, pitch decks, treatments, fan fiction, characters, artwork, other submissions for motion pictures, television programs or other products or services, or any feedback, notes, or suggested improvements) (collectively, “Unsolicited Submissions”). This is intended to prevent possible future misunderstandings when projects developed by or on behalf of our professional staff or creative partners might seem to others to be similar to their own creative ideas, suggestions, or materials. Therefore, please do not make any such Unsolicited Submissions to us through the Service, by email, or otherwise.

 

Should you share any Unsolicited Submission despite this request, you do so with the understanding that you will not receive any fees or other consideration, that it may be deemed User Content hereunder and subject to the license and all other terms and conditions above, and that you are waiving any claims regarding the use thereof. We shall have no obligation to review or return any Unsolicited Submission, and we may elect to return or discard it at our sole discretion with no liability whatsoever. In addition, we retain all of the rights held by members of the general public with regard to your Unsolicited Submissions and our receipt of them is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating thereto.

 

THIRD PARTY SERVICES

Our Service may link to, integrate, or incorporate, or be linked to, integrated into, or provided in connection with, certain third-party websites, content, services, applications, or platforms, including (without limitation), those of online merchants, distributors, and other licensees and assigns, social networks, vendors, licensors or suppliers, career portals, and certain other third parties (collectively, “Third Party Services”). If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. We have no control over those Third Party Services or their content, information, operations, policies, products, technologies, security, services, or any other element thereof. We are not responsible for such Third Party Services or any of their merchandise or other offerings, whether in terms of their quality, accuracy, validity, reliability, legality or otherwise, and we expressly disclaim all liability in connection therewith. References to Third Party Services do not imply any endorsement by us or any association with its operators. Your activities or other dealings with Third Party Services are solely between you and the applicable Third Party Services and are subject to their respective terms of use and privacy policies, which you should read before engaging in such activities. We further encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Services.

 

COMMUNICATIONS

When using the Service, you may be given the opportunity to consent to receive promotional communications from us by email (or any other means we may offer in the future), and such communications shall be deemed “Content” hereunder. If you give such consent, you can opt out of receiving promotional emails from us at any time by following the instructions provided in the emails to unsubscribe. Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as replies to any communications from you or notices we may send hereunder. You acknowledge that email transmissions may not be secure, and you should consider this before emailing us any information.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

LINKING POLICY

Any links to the Service must comply with the following guidelines: (i) you may not use any logos, trademarks, copyrighted materials, or other intellectual property or Content appearing on the Service without the express written consent of Company and (as applicable) the owner of the relevant rights, (ii) you may link only to the home page, and the link must be in plain text, (iii) the link must not damage, dilute or tarnish the goodwill associated with Company and/or its intellectual property, nor create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Company or cause other confusion, (iv) you may not “frame” or otherwise incorporate our Service into your website or other digital offering, or alter the intellectual property or other Content in any other manner, and (v) you may not link from any site that is or contains content which is Objectionable. We reserve the right, in our sole discretion, to terminate a link for any reason or no reason at all.

 

PROMOTIONS

From time to time we may offer sweepstakes, contests or other promotions, through the Service or otherwise, which may involve additional rules and eligibility requirements (such as certain age or geographic area restrictions), terms and conditions governing User Content, and be deemed Additional Terms hereunder. 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 comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

 

REGISTRATION

If at any time certain areas of the Service offer you the opportunity to create an account or provide information in order to participate in certain features, the decision to register or provide this information is purely voluntary and optional. If you elect to register or provide information, you (i) agree to provide only accurate, current and complete information, which you shall be responsible for updating as required (ii) shall not impersonate or misrepresent your affiliation with any third party, (iii) acknowledge we may elect to verify the accuracy of information provided, and (iv) agree to strictly maintain the confidentiality of any passwords and other credentials you use, restrict access to your device and account by others, and otherwise take full responsibility for the security of your account and all activities that occur under such account.

 

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTIONS.

 

Governing Law; Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Jurisdiction and venue for any dispute, controversy, allegation, or claim arising out of or relating in any way to these Terms or this agreement to arbitrate incorporated therein (e.g., respecting interpretation, performance, formation, validity, breach, scope, or enforcement), the Service, Content, User Content, the Privacy Policy, or any other aspect of our relationship with each other (collectively, “Dispute”) shall be in Los Angeles, California. Each party irrevocably submits to personal jurisdiction and venue in Los Angeles, California for any and all purposes (the “Venue”).

 

Binding Arbitration; Jury Trial Waiver

We will each make every reasonable effort to informally resolve any Dispute following notice to each other. If those efforts fail after sixty (60) days, we both agree to resolve any Dispute through final and binding arbitration. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes. Arbitration is more informal than a lawsuit in court. Instead of a judge or a jury, the case will be decided by an experienced neutral arbitrator who can award the same damages and relief that a court can award.

 

By agreeing to arbitrate, you are giving up the right to litigate a dispute in court before a judge or jury.

 

We agree that any Dispute shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law before a single arbitrator administered by JAMS in Los Angeles, California or, to the extent allowed by the arbitrator, by online videoconference or (if the claim is under $10,000) by phone or via document submission. The arbitration shall be conducted in accordance with the applicable JAMS rules (which vary based on the size of the claim), except to the extent they conflict with this arbitration agreement. 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. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall be final (except for any limited right of appeal under the Federal Arbitration Act).

We each agree that (i) this section shall be deemed a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this dispute resolution provision; (ii) the parties shall be entitled to conduct discovery as the arbitrator authorizes as reasonable under all of the circumstances, based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable, it being understood that unless permitted by the arbitrator upon a showing of extraordinary cause, such discovery shall be limited to the production of documents and no more than three depositions by each side; (iii) we each shall maintain the confidential nature of the existence of the Dispute, the award, and the arbitration proceeding, which shall be closed to the public and confidential (with all records relating thereto permanently sealed), except as necessary to obtain court confirmation of the award, or as may otherwise be required by law or judicial decision; and (iv) each party initially shall pay half of the arbitrator fees, its own filing fees, and its other costs, unless the arbitrator finds that a party proceeded in bad faith or otherwise elects to allocate any such costs in favor of any prevailing party, in the arbitrator’s discretion.

 

No Class Actions

We each further agree that all proceedings in connection with any Dispute will be conducted only on an individual basis; we each waive our right to file or participate in any class action, private attorney general action, consolidated, collective, or any other representative action.

Notwithstanding any contrary provision in the applicable JAMS rules, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding.

 

Exceptions

Notwithstanding anything to the contrary above, (i) either of us may litigate in small claims court if the Dispute meets the requirements to be heard in small claims court (subject to the above restrictions on class, representative, and consolidated actions), and (ii) to the extent you have in any manner violated or threatened to violate any intellectual property or other proprietary, privacy, or publicity rights, or in the event of any threatened harm respecting the Service or Content, we (and/or the applicable licensor or third party rights holder) may seek an injunction or other equitable relief in any court of competent jurisdiction without first engaging in the informal dispute resolution process or arbitration described above.

 

Severability 

If any provision of this arbitration agreement is deemed to be invalid, unenforceable or illegal, then such provision shall be severed (and, to the extent permitted by law, considered modified so that it is valid and enforceable) and the balance of this arbitration agreement shall remain in effect.

 

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR ANY OF ITS FUNCTIONS OR CONTENT IS ACCURATE OR COMPLETE, WILL BE UNINTERRUPTED, AVAILABLE, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, CONTENT, OR ANY SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMER APPLIES TO OUR OWN SERVICE AND CONTENT AS WELL AS ANY USER CONTENT AND THIRD PARTY SERVICES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH SUCH USER CONTENT OR THIRD PARTY SERVICES OR ANY OF THEIR PRODUCTS, SERVICES, ELEMENTS OR FUNCTIONS.  

BY ACCESSING, USING, OR LINKING TO THE SERVICE, YOU ASSUME ALL RISKS TO THE MAXIMUM EXTENT PERMITTED BY LAW.  

IF YOU ARE DISSATISFIED WITH THE SERVICE, CONTENT, USER CONTENT, THIRD PARTY SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.

 

LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUCCESSORS, OR ASSIGNS, OR EACH OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, INVESTORS, VENDORS, AGENTS, SUPPLIERS, OR LICENSORS, (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR COMPUTER, DEVICE, TECHNOLOGY, AND/OR SYSTEM FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, ERRORS OR OMISSIONS, OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, CONTENT, USER CONTENT, THIRD PARTY SERVICES, OR ANY MISUSE OR INABILITY TO USE ANY OF THE FOREGOING. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ANY EVENTS OR CIRCUMSTANCES WERE FORSEEABLE OR COMPANY OR ANY COMPANY PARTIES HAD BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE COMPANY PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. 

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY LOSS, DAMAGES, OR INJURIES YOU CLAIM IN CONNECTION WITH YOUR USE OF THE SERVICE, CONTENT, OR ANY USER CONTENT WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, AND THUS YOU SHALL NOT SEEK, OR BE PERMITTED TO OBTAIN, ANY SUCH RELIEF.

 

INDEMNIFICATION 

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your User Content; (ii) your misuse of the Service or Content; (iii) your violation of any applicable laws, rules, or regulations, or of the rights of any third party (including, but not limited to, any intellectual property right, publicity, confidentiality, property or privacy right); (iv) your use of a Third Party Service; (v) any misrepresentation made by you; or (vi) any breach or alleged breach of these Terms by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.

 

ASSIGNMENT

Company may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate any of your duties under them, without the prior written consent of Company. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.

 

JURISDICTIONAL ISSUES

The Service is controlled and operated by Company from its offices within the United States. We make no representation that the Service or Content is appropriate or available for use in other countries. If you access it from outside the United States you do so on your own initiative, and are responsible for compliance with any applicable laws, rules and regulations of such other jurisdiction. Any access of the Service from a jurisdiction where its contents are illegal is prohibited. 

Any software related to or made available by the Service (if any) may be subject to export controls of the U.S., 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.

 

VIOLATIONS 

Company will aggressively enforce its rights to the fullest extent of the law and reserves the right to investigate and prosecute any suspected or threatened violations of these Terms. In connection therewith, or as may otherwise be required, Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. Company will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Without limiting any other remedies or terms hereof, any violation of these Terms may result in termination or restrictions on your access to all or part of the Service and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company.

 

COPYRIGHT INFRINGEMENT

If you believe that any User Content or other material on the Service infringes your copyright, then in conformance with the Digital Millennium Copyright Act of 1998 (“DMCA”), please forward the following information in writing to our Copyright Agent at copyrightagent@blumhouse.com or Blumhouse Holdings, LLC, 2401 Beverly Blvd., Los Angeles, CA 90057, Attn: Copyright Agent:

(1) Your name, address, telephone number, and (if available) email address, (2) Your (or your authorized agent’s) physical or electronic signature; (3) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works and their locations; (4) Exact URL or other information reasonably sufficient to permit the identification of each place where alleged infringing material is located; (5) A statement by you that you have a good-faith belief that the disputed use has not been authorized by you, your agent, or the law; and (6) A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of such owner.

Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.

Please do not contact Company DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement.

 

SEVERABILITY

If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, in whole or in part, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. In such event, to the maximum extent permitted by law, the invalid or unenforceable provision will be considered modified so that it is valid and enforceable.

 

ENTIRE AGREEMENT; MISCELLANEOUS

These Terms, including any Additional Terms, is the entire agreement between us relating to the subject matter herein and completely replaces any prior agreements or discussion between us in relation to the Services or Content. No waiver or modification of any term of these Terms will be effective unless in writing and signed or accepted by the party against whom the waiver or modification is sought to be enforced. No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. You hereby waive any applicable statutory or common law rights that may permit a contract to be construed against its drafter.

 

CONTACT INFORMATION

If you have any questions, technical issues, comments, or concerns about the Service or these Terms, you may contact us at info@blumhouse.com. You acknowledge that the provision of support is at Company’s sole discretion and that we have no obligation to provide you with a response or support of any kind. All legal notices to us must be mailed to: Blumhouse Holdings, LLC, 2401 Beverly Blvd., Los Angeles, CA 90057, Attn: Legal, and emailed to legal@blumhouse.com. When you communicate with us electronically, you consent to receive communications from us electronically.

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