Legal Terms

These Legal Terms ("Terms") apply to the web sites, web pages, interactive features, applications, widgets, blogs, social networks, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means (each, a "Site," and collectively, the "Sites") that are offered by Sony Pictures Entertainment Inc. and/or one of its subsidiaries or affiliated companies, such as Sony Pictures Television, Sony Pictures Home Entertainment, Crackle, Inc. or other companies associated with Sony Pictures Entertainment Inc. (collectively, "Company", "we", "us", or "our").

"You" or “user” refers to an individual who has been authorized by the Company to access the Site pursuant to these Terms.  To the extent applicable, if you are not an employee of the Company, "you" or “user” also includes the corporation or other legal entity, if any, on whose behalf you are accessing the Site.  The Sites may be accessible to authorized users worldwide. 

The term Site includes the content and functionality on that Site (the "Site Services") and any software that we make available on or through that Site (the "Software"), unless otherwise specified.   You "use" the Site anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site).  

These Terms include a (i) "Privacy Policy" section that explains how the Company collects, uses, maintains, discloses, and shares your Personal Information with respect to your use of the Site, and (ii) a "Terms of Use" section that governs your responsibilities in connection with your use of the Site. 

BY ACCESSING AND USING THE SITE (OR ANY PART THEREOF), YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU DO NOT HAVE AUTHORIZATION TO ACCESS AND USE THE SITE.   

I.          Privacy Policy

Sony Pictures Entertainment Inc. ("SPE") located at 10202 W. Washington Blvd., Culver City, CA  90232 acting as data controller, provides this Privacy Policy to help you understand how we collect, use, disclose, and transfer certain personally identifiable information about you (“Personal Information”) on Sites being deployed by Company, including Sites used to foster greater collaboration among Company employees and trusted third parties.  This Privacy Policy applies only to the Sites on which there is a direct link to these Terms and not to any other Company activities.  

After reading this Privacy Policy, you will know:

A.        Your Consent

By using the Site or providing Personal Information to us and by clicking on the “I Accept” button for these Terms, you are expressly consenting to the collection, use, disclosure and transfer of your Personal Information as described in this Privacy Policy.  In particular, if you are located in a jurisdiction outside the United States, you consent to the transfer of your Personal Information to servers in the United States (or other jurisdictions worldwide) that may not provide an equivalent level of data protection to the laws in your home jurisdiction.  If you provide any Personal Information that relates to another person, you hereby state and agree that you have obtained consent in writing (e.g., an email) from such person for the collection, use, and disclosure of such Personal Information as described in this Privacy Policy and as required by applicable regulation and/or law. You are not required under applicable law to provide any Personal Information and accordingly, if you do not wish to consent to the collection, use, disclosure, and transfer of your Personal Information as described in this Privacy Policy, do not use the Site, click on the “I Do Not Accept” button for this Privacy Policy, and contact the Company as described below.

B.        Personal Information Collection

            1.         Information You Provide To Us

The Site may collect Personal Information from or about you upon registration, when you communicate with other users using chat room of messaging facilities on the Site, or when you or other users submit postings on the Site. 

The categories of Personal Information that may be collected are name and contact information (e-mail address), and other information that you post or include on the Site (as described below)) and any communication or submission you or others post to the collaborative tools in the Site.  You expressly agree that any Personal Information you submit to the Site is provided voluntarily.

If you post Personal Information about others on the Sites for purposes of facilitating a legitimate business purposes, including furthering collaboration for business purposes, subject to all applicable Company policies, including but not limited to these Terms, and you are personally responsible for securing the consent of such persons in writing for the collection, use, disclosure, and transfer of such Personal Information as described in these Terms and as required by applicable regulation and/or law.  For example, if you wish to post the contact information of another person, you should request that such person consent to your posting of their personal information. 

If you are a Company employee, certain Personal Information about you may be submitted to the Site from existing Company People & Organization information systems

            2.         Information We Collect Automatically As You Access and Use the Sites

Whenever you visit or interact with the Sites, the Company, or third-party content and/or service providers (as applicable), may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used ("Usage Information"). Usage Information may include, in part, browser type, operating system, the network username of the user who performed the operation, the page served, the time, the preceding page views, and read/write operations done on the Site.  Usage Information is generally non-identifying, but if the Company associates any such information with you as a specific and identifiable person, the Company treats it as Personal Information.

The Company, or third-party content and/or service providers (as applicable),  also automatically collects your IP address or other unique identifier ("Device Identifier") for the computer, mobile device, technology or other device (collectively, "Device") you use to access the Sites.  A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Sites.

The technologies used on the Sites to collect Usage Information, including Device Identifiers, include:

If you do not provide the data that the Company may require in connection with your use of the Sites, the Company may not be able to fully provide you with, and you may not be able to participate in, certain employment-related services or benefits.

C.        How the Site Uses and Discloses Your Personal Information

The Company may use Personal Information about you to establish your credentials in the Site for legitimate business purposes, verification of your access rights, responding to your inquiries, posting submissions to the Site, engagement in related business activities, and compliance with other applicable policies. 

Certain Sites serve as a knowledge sharing platforms and are designed to allow for communication and the sharing of operational information related to the activities of the Company. Through these Sites, users may upload, post, and share documents, information and materials with each other and communicate via chat rooms, bulletin boards or other messaging or communication facilities.   Given that such Sites are intended to be collaborative tools, Personal Information may be shared with a broad group of users of the Sites, including Company employees, authorized third parties, customers, business partners and contractors, who may be located in countries that may not provide a level of protection to your Personal Information equivalent to that provided by your home jurisdiction.   However, the Company permits access to such Personal Information by users of such Sites for legitimate business purposes only.  Access to such Personal Information for any other purpose is strictly prohibited. 

All postings on the Site are subject to applicable Company policies, including but not limited to these Terms and applicable Company policies, including but not limited to the Code of Conduct and Acceptable Use Policy.  For users who are not employees or contractors of the Company, you agree to adhere to any such Company policies as the Company may communicate to you in writing.  As explained in those policies, to the extent permitted by applicable regulation and/or law, all content posted on the Site may be subject to review by Company, and may be removed and proper discipline (including termination of access rights and other measures) may be imposed by Company in its sole discretion to the extent permitted by applicable law.  

Beyond the data sharing with other Users on the Site, we may disclose Personal Information to authorized third-party vendors and contractors that perform functions on our behalf, including information technology service providers.  All such vendors will be under obligations to maintain the security and confidentiality of the Personal Information as required under applicable laws, and to process the data in accordance with our instructions.

To the extent permitted by applicable law, we may also disclose Personal Information to other third parties, customers, and business partners as appropriate in order to:

In any of these situations, the users and other recipients of the Personal Information may be located in the United States or such other jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.  For the avoidance of doubt, by using the Site, you grant your express consent to the cross-border transfer of your Personal Information.

 

D.        How Concerns Regarding the Use of the Site Can Be Reported

If a user has a concern or suspects that improper information has been uploaded to the Site in violation of this Privacy Policy, other Company policies or applicable regulation and/or law, the user may report the content for additional review by clicking a an applicable “reporting” link, if available on the relevant page of the Site, or by contacting or emailing the webmaster identified below or the People & Organization department.  Concerns that are raised through "reporting" functionality on the Site may be submitted to the Company's People & Organization department in the United States which will review the matter with the appropriate subject matter experts within Company (e.g., the Legal Department).  Personal Information associated with the user reporting allegedly improper content will be treated in accordance with this Policy.  The users that posted the allegedly improper content may be notified about the nature of the concern in accordance with applicable regulation, law and/or Company policies.

How You Can Access, Correct or Delete Your Information or Object to its Processing

If you wish to request an update of any Personal Information you have previously provided, or to exercise any right provided under the data privacy laws of your home jurisdiction including the right of access, rectification, deletion, or opposition to the processing of your Personal Information, please contact us as indicated under “How you Can Contact Us” in this Privacy Policy. 

How the Site Protects the Security of Your Information

Company maintains reasonable technical and organizational security measures as prescribed by applicable law to protect Personal Information from unauthorized access or use.  Additionally, the Site is protected by access control, network-based firewalls, intrusion detection scanners and anti-virus/malware scanners

Company retains Personal Information for no longer than is necessary for the purposes for which it was processed, unless otherwise required to be retained under applicable law.  Company archives or deletes Personal Information that is no longer necessary for the purposes for which it was processed according to its data retention and archiving policies] and applicable law.

Linked Third-Party Sites

The Site may contain links to other web platforms operated by third parties.  Company is not responsible for the privacy practices of third party sites.  Please review all applicable third-party policies that will govern your interaction with those sites. 

Changes in the Privacy Policy

Except where prior notice or consent is required by law, Company reserves the right to update or modify the Privacy Policy at any time and without prior notice by posting the revised version of the Privacy Policy on the Site.  Please check the Privacy Policy frequently and particularly before you submit additional information via the Site. Your continued use of the Site will constitute your consent to any such changes in the Privacy Policy except where otherwise required by applicable law. 

How You Can Contact Us

If you have any questions, comments or concerns about the use of the Site or this Privacy Policy, please contact us at:  Property@spe.sony.com.

II.        Terms of Use

A.        Access and Use

On the condition that you accept these Terms, we grant you a limited non-exclusive license to access, view and use the Site only for the legitimate business purposes approved by the Company.  If you are not an employee of the Company, before you access and use the Site, you agree that you will obtain all required consents and approvals from your employer to access and use the Site.

You agree that all information that you provide to the Company in connection with your access to and use of the Site will be true, accurate and complete to the best of your knowledge, ability and belief. 

The Company reserves the right, in its sole discretion, to refuse, alter, limit, restrict or discontinue service or terminate access to the Site (or any materials, portions, components or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.  Failure to comply with these Terms may result in the immediate termination of your access to and use of the Site.

1.         Password Protection

Some Sites may be password protected.  In order to access password protected Sites, you will either (i) be provided with a unique logon ID and password, or (ii) be able to access such Site directly from your Company user account if the Site uses "single sign-on" technology and you are already logged into your Company user account.  It is your responsibility to protect your password and to not disclose it to any other individual without the consent of the Company.  You must notify the Company of any known or suspected unauthorized use of your logon ID or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password information.  You agree that you are fully responsible for the use and disclosure of your logon ID or password.

2.         User Conduct

In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable Company policies, rules, and regulations that we have disclosed to you and all applicable laws and regulations.  Specifically, among other things, you agree that while accessing or using the Site you will not:

The Company may reject, refuse to post or delete any content for any or no reason, including, but not limited to, content that in the sole judgment of the Company violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.  The Company assumes no responsibility for monitoring the Site for inappropriate content or conduct.

The above provisions shall equally apply to any contributions made in chat rooms, bulletin boards or other messaging or communication facilities.

B.        Modifications to the Site

The Company may, in its sole discretion, change, suspend or discontinue any aspect of any Site at any time, including the availability of any feature, database, or content without notice or liability. The Company may also, in its sole discretion, impose limits on certain features and services without notice or liability.

C.        Privacy Policy

Information that you provide or that we collect about you through your access to and use of the Site is subject to our Privacy Policy (above), the terms of which are hereby incorporated into these Terms by reference. 

D.        Linked Websites

For your benefit and convenience, certain hyperlinks may be provided on the Site which link to the websites of third parties that are not under the control of the Company.  The Company is not responsible for, and disclaims all liability and makes no representations or warranties for, any products or services offered by such third parties, including through such websites, nor is the Company responsible for the availability, accuracy, content or any other aspect of such websites.  The Company is not responsible for the privacy statements or practices of websites or services controlled by other companies or organizations.  Your use of other websites, and the offer or purchase of products or services from such third parties, or on or through such other websites, is subject to the terms and conditions and privacy policies thereof.  You agree that you will bring no suit or claim against the Company arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites.

E.        Submissions

Except as otherwise expressly provided in any other agreement that you (or your employer if you are not employed by the Company) may have with the Company with respect to the resources made available on this Site (a “Base Agreement”):

In the event applicable law operates to prevent such assignment described above, or otherwise prevents Company from becoming the sole owner of any such Submissions, you agree to grant to Company, and this provision shall be effective as granting to Company, (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Submissions (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such Submissions. 

By making Submissions, you represent that (i) you have full power and authority to make the assignment and license set forth above, (ii) the Submissions do not infringe the intellectual property rights of any third party, and (iii) the Company shall be free and have the right to use, assign, modify, edit, alter, adapt, distribute, dispose, promote, display, and transmit the Submissions, or reproduce them, in whole or in part, without compensation, notification, or additional consent from you or from any third party.

F.         Copyrights, Trademarks and Proprietary Content

You acknowledge and agree that Company, or third parties granting rights to Company, hold all right, title and interest to all materials on this Site, which are the copyrighted works of Company or the third parties, with all rights reserved. Such materials include but are not limited to electronic files, text, data, databases, graphics, images, photographs, video and audio clips, and the collection, design, selection and arrangement thereof (collectively, the “Content”).  You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content.  Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of Company or its licensors. 

Except as provided in a Base Agreement, no commercial use of the information on or under this Site is licensed or permitted.  The Company logos, and the products and services described offered by the Company are either trademarks, trade names, or service marks of Company and its licensors, or are the property of their respective owners.  These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Company or their respective owners, and then with the proper acknowledgments.

G.        Confidentiality

User agrees that all Company policies, procedures, personal information, and other Company information posted on the Site are “Confidential Information.” Confidential Information excludes information in the public domain, generally known in the industry, or independently developed or lawfully acquired without breach of any legal or contractual obligation.  User agrees to take reasonable measures to keep Confidential Information in confidence.  Except as authorized by Company or as required by law, User agrees that he/she will not disclose any Confidential Information to any person other than authorized Users of the Site.  Upon expiration or termination of employment or termination of applicable contract or engagement, User agrees to return all such Confidential Information, retain no copies, and erase all magnetic media containing such information.  User’s obligations to protect Confidential Information shall survive expiration or termination of the Terms of Use.  User may otherwise disclose Confidential Information only if compelled by subpoena or other legal process, provided that, immediately after receiving any such subpoena, order or similar request for disclosure, User advises the Company, and cooperates with the Company’s efforts to obtain a protective order, or other reasonable and lawful measures to protect Company’s Confidential Information.

H.        Compliance with Laws

You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions.  You agree that you will not access or use the information on the Site in violation of the aforementioned laws. 

I.          Disclaimer

The material or information found on the Site does not necessarily represent the official views or positions of the Company.  The Company assumes no responsibility for monitoring the Site for inappropriate content or conduct.

THE SITE IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, LINKED THIRD PARTY SITES, SOFTWARE, OR SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, LINKED THIRD PARTY SITES, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, LINKED THIRD PARTY SITES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OR PRIVACY OR PUBLICITY RIGHTS OF ANY PERSON. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, LINKED THIRD PARTY SITES, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

J.         Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR INJURY (COLLECTIVELY, “DAMAGES”), WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF CONNECT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NEITHER THE COMPANY NOR ITS AGENTS OR EMPLOYEES SHALL BE HELD LIABLE FOR THE CONTENTS OF THE SITE INCLUDING WITHOUT LIMITATION ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION OF OR USE OF ANY CONTENT HEREIN, OR FOR ITS TIMELINENESS OR COMPLETENESS, NOR SHALL THEY BE LIABLE FOR ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS OR COMMUNICATION LINE FAILURE, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

THE COMPANY ACCEPTS NO RESPONSIBILITY FOR THE CONTENT OF SITES TO WHICH IT HAS LINKS.

K.        Indemnification

Users, including third-parties who are not Company employees, take full responsibility for the materials placed on the Site and shall fully indemnify, defend and hold harmless the Company, its officers, directors, employees, or agents, from and against any and all claims, demands, actions, suits or other proceedings, and all resulting or related losses, damages, costs, royalties, liabilities and expenses (including reasonable attorneys’ fees) arising out of your use of this Site, including, without limitation, any copyright or intellectual property violations, tortious injury claims or defamation claims.  We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you.  All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

L.        Choice of Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. User and the Company agree to submit to the exclusive jurisdiction of the courts located within the State of California, Las Angeles County, to resolve any dispute arising out of these Terms.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE COMPANY TO GRANT USER ACCESS PRIVILEGES TO CONNECT TO THE SITE.  

M.       No Waiver

No waiver by the Company of any of the above provisions shall be binding except as set forth in writing and signed by its duly authorized representative.

Nothing in the above provisions may be construed as a waiver, express or implied of any of the privileges and immunities enjoyed by the Company.

N.        Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

O.        Questions

For any questions about these Terms, please email the webmaster at Property@spe.sony.com.

P.         Changes to these Terms

The Company reserves the right to change, modify, or update these Terms, at any time without notice. The date of the latest update is presented below.

 

The Privacy Policy was last revised on 7/12/12.

The Terms of Use was last revised on 7/12/12.