VIDEO MARKETING ESSENTIALS
END USER LICENSE AGREEMENT
This END USER LICENSE AGREEMENT (the “Agreement”) governs your use of the materials made available to you through this website (the “Materials”), including the theatre production commercial spots created by Mishan Productions, Inc., a California corporation d/b/a Cinevative (“we” and “us”).
For the purpose of this Agreement, “you” and “your” refers to the party you represent, whether that is you individually or a third party company or organization. If it is the latter, you represent and warrant that you have the express authority to bind such third party to this Agreement.
Please read this entire Agreement and make sure you understand it, because you are bound by it. If you do not agree to these terms, you may not register with us or utilize the Materials.
You are granted a limited license to utilize the Materials in connection with the promotion of a single run of a theatrical program at a single theatre venue.
- You may not change, modify, adapt, create derivate works based upon, or translate the Materials.
- You may not sell, assign, transfer or sublicense, rent, lease or loan the Materials.
- You may only use the Materials in for a single run at a single theatre location.
- You may only use the Materials to market the identified theatrical production.
- We do not guarantee that the Materials with work with any particular software or hardware.
- Reformatting of the Materials for specific uses shall be at your sole cost.
- You may not remove, obscure or modify any copyright or trademark notices on the Materials.
- You may not use the Materials in connection with any illegal activities.
THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM OR OTHERWISE OBTAIN MATERIALS THROUGH OUR WEBSITE AT YOUR OWN DISCRETION AND RISK.
LIMITATION ON OUR LIABILITY
UNDER NO CIRCUMSTANCES — INCLUDING, WITHOUT LIMITATION, NEGLIGENCE — SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXAMPLARY DAMAGES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, shareholders, agents, and affiliates from and against any and all claims, damages, liens, fees, fines, judgments, actions, and expenses, including attorneys’ fees, arising out of your use of the Materials, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Your right and license to the Materials may be terminated on written notice if you violate this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the Materials in the courts located within Los Angeles County, California and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the Materials or this Agreement must be filed within one year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in this Agreement is determined to be unenforceable by a court of competent jurisdiction, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions will remain in full force and effect. No waiver of any provision shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us. You may not assign any right, interest, or benefit provided hereunder without our express prior written consent. This Agreement sets forth the entire agreement between you and us, and supersedes any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the subject matter hereof. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Materials to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.