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TERMS OF USE

TERMS OF USE

Effective Date: January 1, 2014

Last Updated: May 30, 2024

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE WEBSITE POSTING THIS NOTICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER.

This Website is owned and operated by Skydance Productions, LLC or its affiliates (“Skydance” or “we,” “our,” or “us”). These Terms of Use (“Terms of Use” or “Terms”) apply to this Website and to all interactive features or downloads that are owned or controlled by Skydance, are available through the Website or that interact with the Website and post these Terms of Use (collectively, the “Website”). These Terms of Use govern your use of the Website whether accessed via computer, mobile device, tablet or other means. You agree to these Terms by accessing or using Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE.

In some instances, both these Terms of Use and a separate terms of service or use, or a guidelines document setting forth additional conditions may apply to a service or feature offered via the Website (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms of Use. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Terms of Use will control unless the Additional Terms expressly state otherwise. You acknowledge the collection and use of data in accordance with the Website’s Privacy Policy. A copy of the Website’s Privacy Policy is available by clicking the link “Privacy Policy” on the footer of the homepage on the Website.

You can determine when this Terms of Use was last revised by referring to the “Last Updated” or similar legend at the top of this page. Any changes to this Terms of Use will become effective upon posting of the revised Terms of Use on the Internet, accessible through this site.

TABLE OF CONTENTS

  1. Website Ownership and Permitted Use
  2. Submitted Content
  3. Product Submissions Prohibited
  4. User Registration
  5. Acceptable Use Policy
  6. Mobile Features
  7. Third-Party Links
  8. Warranty Disclaimer
  9. Limitation of Liability
  10. Waiver of Unknown Claims
  11. Indemnification
  12. Copyright Policy
  13. Non-U.S. Users
  14. Term, Updates, and Termination
  15. Arbitration/Governing Law/Class Action Waiver
  16. California Consumer Rights and Notices
  17. Miscellaneous

1.     Website Ownership and Permitted Use

The Website is owned and operated by Skydance. The Website and all intellectual property and other rights relating thereto are and will remain the property of Skydance and its licensors. The Website is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms of Use, you may not copy, monitor, gather, distribute, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website without the prior written permission of Skydance.  You agree that you will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind. You acknowledge that you do not acquire any ownership rights by using the Website. The Website shall be used solely (a) to the extent permitted in these Terms of Use or (b) as expressly authorized in writing by Skydance. The Website is provided for personal and non-commercial purposes only. Use of the Website for any other purpose is strictly prohibited. At all times, access and use of the Website is restricted to only lawful purposes.

Skydance reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that Skydance shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate Skydance to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of Skydance and/or others. Nothing contained in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Skydance or the third party owner of any such Trademark.

2.     Submitted Content

You agree that any ideas, feedback, information, photos, materials or content that you provide, submit, upload or otherwise transmit to Skydance on the Website or through our social media pages and accounts (e.g., Discord, X, Instagram, Facebook, LinkedIn) (“User Content”), and any derivative works thereof, will be available for our use free of any obligations to you. You hereby (a) grant to Skydance a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to any and all rights in the User Content including all copyrights therein, for any exploitation by Skydance and/or by any person authorized by Skydance, by any means and in all media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content that may be available to you; (c) appoint Skydance as your agent with full power to enter into any document and/or do any act Skydance may consider appropriate to confirm the grant and waiver set out above; (d) warrant that you are the owner of the User Content and are entitled and have the rights necessary to enter into these Terms of Use; (e) confirm that no such User Content is subject to any obligation, of confidence or otherwise, to you or any third party, and that Skydance shall not be liable for any use or disclosure of such User Content. Except as otherwise described in the Website’s posted Privacy Policy (a copy of which is available by clicking the link called “Privacy Policy” in the footer of the homepage of the Website), or as specifically provided in another agreement on the Website pursuant to which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. Upon Skydance’s request, you will furnish Skydance any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

3.     Product Submissions Prohibited

Skydance does not accept unsolicited submissions for motion pictures, television programs, web sites, articles, comic books, e-books, or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Skydance (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to Skydance through this Website or by e-mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to Skydance the right and license to the submission as if it were User Content as set forth above.

4.     User Registration

Access to certain functionalities of the Website will require you to register with and provide certain information to Skydance. We reserve the right to decline to provide access to the Website to any person for any or no reason. If and when you provide information to Skydance, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Website.

Skydance may offer you the possibility to connect your accounts on certain third party sites such as Facebook and Twitter, with the Site by an application programming interface (API) or other software. This account connection process may be separate from your Account registration on the Website and will be governed by the policies and terms of use of the third party site. By allowing Skydance to connect with your third party site accounts, you consent to Skydance accessing the information in those accounts, which may include personally identifiable information.

5.     Acceptable Use Policy

You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website. In addition, you agree that you will not do any of the following while using or accessing the Website:

  1. Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any Skydance content or materials;
  2. Use any metadata, meta tags or other hidden text utilizing a Skydance name, trademark, URL or product name;
  3. In any way use the Website to send altered, deceptive or false source-identifying information;
  4. Use any scripts, programs or other automated means to access the, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website;
  5. Upload, submit, post, email, or otherwise transmit, via the Website, any content or materials that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the sole opinion of Skydance;
  6. Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of Skydance’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
  7. Attempt to scan, probe or test the vulnerability of any Skydance system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website;
  8. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website;
  9. Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Skydance or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome), including any software that sends queries to the Website to determine how a website or web page rank;
  10. Collect or store personal data about other users of the Website without their express and explicit permission;
  11. Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;
  12. Use the Website in any manner not permitted by these Terms of Use; or
  13. Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Use.

6.     Mobile Features

The Website may offer features and services that are available to you via your mobile device. These features and services may, include, without limitation, the ability to upload content to the Website, receive messages from the Website, download applications to your mobile device or access the Website’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Such fees and charges will appear on the bill you receive from your carrier or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

7.     Third-Party Links

The Website may contain links to third-party websites for your convenience. Skydance does not control such linked websites or the content provided through such websites, and Skydance has not reviewed, in their entirety, such websites. Your use of such linked websites is subject to the privacy practices and terms of use established by each such linked website, and Skydance disclaims all liability for such use. Such links do not indicate any approval or endorsement by Skydance of any such linked website or any material contained on any such linked website, and Skydance disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within the Website do not imply endorsement of, and Skydance is not responsible for and disclaims any endorsement of, any such product, service or publication.

8.     Warranty Disclaimer

Except to the extent limited by applicable law:

THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

There is no warranty, representation or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software or other material accessible from the Website, is free of viruses or other harmful components. Skydance does not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and Information and your reliance thereon.

9.     Limitation of Liability

Except to the extent limited by applicable law:

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER SKYDANCE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) THE WEBSITE, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SKYDANCE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SKYDANCE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).

YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SKYDANCE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.

10.  Waiver Of Unknown Claims

Except to the extent limited by applicable law:

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11.  Indemnification

You agree that you will indemnify and hold harmless, and upon Skydance’s request, defend, Skydance and its directors, officers, shareholders, counsel, employees and agents from and against any and all losses, liabilities, losses, investigations, judgments, fines, penalties, settlements, interest, damages, costs, expenses (including reasonable attorneys’ fees), actions, suits, and claims (all of the foregoing, “Claims and Losses”) arising directly or indirectly from any breach of any of your obligations, representations, or warranties in these Terms of Use, or any misrepresentations made by you. You will cooperate as fully required by Skydance, in the defense of any Claim and Losses.  Notwithstanding the foregoing, Skydance retains the exclusive right to settle, compromise, and pay any and all Claims and Losses.  Skydance reserves the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Skydance. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

12.  Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on the Skydance Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Skydance to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Notices and counter-notices with respect to the Website should be sent to info@skydance.com.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

13.  Non-U.S. Users

Skydance makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. Additional terms may apply to non-U.S. users.

14.  Term, Updates, and Termination

These Terms of Use are effective from the date that you first access the Website or submit any information to Skydance via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. Skydance may immediately terminate these Terms of Use, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Skydance may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all Skydance rights of ownership, shall survive any termination or expiration of these Terms of Use.

It is your responsibility to review the posted Terms of Use and any applicable Additional Terms each time you use the Website (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE WEBSITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing use of the Website.

15.  Arbitration/Governing Law/Class Action Waiver

Except to the extent limited by applicable law:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, (collectively, “Dispute”) will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then-current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles County, California. For the sake of clarity, nothing in this paragraph shall affect Skydance’s ability to seek from a court injunctive or equitable relief at any time. These Terms of Use and any other Dispute brought by you against Skydance or by Skydance against you, or otherwise related to the Website, Skydance products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case the laws of such jurisdiction are to govern.  This section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Skydance agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.  This section can only be amended by mutual agreement.  Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Both you and Skydance waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, 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. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

16.  California Consumer Rights and Notices

California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy, which is available by clicking the link called “Privacy Policy” in the footer of the homepage of the Website.

 

Any California residents under the age of eighteen (18) who have registered to use the Website, and who have posted content or information on the Website, can request that such information be removed from the Website by contacting us at privacy@skydance.com or 2900 Olympic Blvd., Santa Monica, CA 90404 (Attn: Privacy), stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

California residents should visit our Privacy Policy, which is available by clicking the link called “Privacy Policy” in the footer of the homepage of the Website, to learn more about their California privacy rights.

17.  Miscellaneous

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Skydance relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Skydance with respect to such subject matter. These Terms of Use may not be changed, waived or modified except by Skydance as provided herein or otherwise by written instrument signed by Skydance. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by you except with Skydance’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Skydance may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Skydance shall have no liability under these Terms of Use to the extent arising from any failure of Skydance to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within Skydance’s reasonable control.

Skydance controls and operates the Website from the U.S.A., and makes no representation that the Website is appropriate or available for use beyond the U.S.A.  If you use the Website from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

Skydance may assign its rights and obligations under these Terms of Use and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms of Use and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Skydance.

These Terms of Use, and any applicable Additional Terms, reflect our complete agreement regarding the Website and supersede any prior agreements, representations, warranties, assurances or discussion related to the Website. If you are a resident of the EEA visiting the Website from the EEA, then nothing in the preceding sentence shall limit or exclude any liability for fraud or fraudulent misrepresentation. Except as expressly set forth in these Terms of Use or any applicable Additional Terms, (i) no failure or delay by you or Skydance in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms of Use or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

We strive to accurately describe our products or services offered or advertised on the Website; however, we do not warrant that such specifications, pricing, or other content on the Website is complete, accurate, reliable, current, or error-free.