SFM ENTERTAINMENT LLC – WEBSITE TERMS OF USE
SFM ENTERTAINMENT LLC (“SFM” or “Vendor”) is a Delaware Limited Liability Company with its primary office at 800 Westchester Avenue, Suite 345N, Rye Brook, NY 10573.
INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Vendor may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Any comments or materials sent to Vendor including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be non-confidential. Vendor shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Vendor shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
Information Vendor publishes on the World Wide Web may contain references or cross references to Vendor products, programs and services that are not announced or available in your country. Such references do not imply that Vendor intends to announce such products, programs or services in your country. Consult your local Vendor business contact for information regarding the products, programs and services which may be available to you.
Vendor makes no representations whatsoever about any other web site, including but not limited to http://www.newshowstudios.com/, which you may access through this one. When you access a non-Vendor web site, please understand that it is independent from Vendor, and that Vendor has no control over the content on that web site. In addition, a link to a non-Vendor web site does not mean that Vendor endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
SFM has no editorial control over such third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of http://www.newshowstudios.com/ which is expressed or made available by that site or service to users of sfment.com. SFM does not guarantee the accuracy, completeness or usefulness of any such Content, nor its merchantability or fitness for any particular purpose.
Under no circumstances shall SFM, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through or any other third party provider. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through of http://www.newshowstudios.com/ or other third party provider.
IN NO EVENT WILL VENDOR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING (http://www.newshowstudios.com), WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
TRADEMARKS/COPYRIGHTS
“SFM”, “sfment.com” and other .com graphics, logs and service marks and trademarks of SFM and its affiliates may not be used without prior written consent of , Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on .com are the property of their respective owners. Displayed content, graphics, videos, clips, etc. may be the property or principals of SFM and are likewise protected by copyright and may not be used or reproduced or linked without the express written consent of SFM.
PROPRIETARY RIGHTS
User acknowledges that sfment.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and sfment.com, SFM, or its principals, owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
User may not upload to, modify, supplement or otherwise distribute on sfment.com any Content. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither SFM, sfment .com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to sfment .com at the following email address: smoger@sfment.com .
SFM does not accept unsolicited or preapproved submissions. Any such submission, without prior written consent of SFM, shall be deemed a nullity.
ONLINE CONDUCT
User agrees to use .com only for lawful purposes. User is prohibited from posting on or transmitting through sfment.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
PRIVACY POLICY
In accordance with the terms of sfment.com's Privacy Policy, SFM respects the privacy of its Users.
APPLICABLE LAW
This site is created and controlled by SFM in the State of New York. As such, the laws of the State of New York will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
SFM reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York, in the County of Westchester for any litigation arising out of or relating to any matter pertaining to, originating from, or involving sfment.com and similarly irrevocably waives trial by jury.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and .com regarding your relationship with SFM and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the sfment.com Web site. The aforementioned Terms of Use and Service are subject to change.