TERMS OF USE

UPDATED ON September 15th, 2019

This is a binding agreement. By accessing or using the Internet site located at www.adiraentertainment.com (the “Site”), any services provided in connection with the Site, applications and software provided online through or in connection with this site or its services, including through a mobile device, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the “Agreement” or “Terms of Use”), as they may be amended by Adira Entertainment, LLC, a limited liability company (the “Company”); from time to time in its sole and absolute discretion. By using and this site, you agree to the Terms of Use, whether or not you are a registered user of our Services.

PLEASE READ THESE TERMS OF USE CAREFULLY.

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Site.

Limitation of Liability

 

YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL AE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, AE's REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AE, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AE, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

 

Submissions

 

While we are always happy to hear from you, it is Adira Entertainment LLC's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request and where there is a signed NDA or contract in place. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do NOT send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be deemed the property of and may be used by Adira Entertainment LLC, or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Adira Entertainment LLC is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of any submissions to the Site shall constitute an assignment to AE of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. AE may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to AE and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. AE is and shall be under no obligation to: (1) maintain any of your or any user’s submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user’s submissions.

Compliance with Intellectual Property Laws

When accessing the Site, you agree to obey by the law and to respect our intellectual property rights and those of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against any damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

Posting on our Social Media Platforms or Any of our Sites.

 

The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site, Our Social Media platforms or others (“Post” or “Postings”). Postings do not reflect the views of AE; and AE does not have any obligation to monitor, edit, or review any Postings on the Site. AE assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site or our Social Media platforms. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. AE will fully cooperate with any law enforcement authorities or court order requesting or directing AE to disclose the identity of anyone posting any such information or materials.

 

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, any other party’s access and use of the Site as well as any intellectual property or other right of any person or entity. You will be solely responsible for any such claim, loss, liability, or demand.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. The Company has adopted a policy that provides for the immediate blocking of any Site user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention.

The Copyright Act protects artists by giving us exclusive rights to create/produce our own work. Violations of the Copyright Act include, but are not limited to, copying or changing our work in any capacity, making illegal copies, scanning, printing, or making screen shots from our website or social media, and/or posting any of our work on any of your social media platforms, or anywhere else. It is illegal to copy or reproduce any of our work without our written consent (a signed contract) and violaters of this Federal Law will be subject to its civil and criminal penalties. It is also illegal to use any of our work for any reason or in any capacity without a written contract whereby we consent to the transfer of our work's copyright(s).

 

By Law, as artists, the moment we design a piece of work, it immediately has the copyright attached to it. As artists & owners of the images that we create, scripts, screenplays, books, lyrics, music or any material that we write, it is our right to maintain complete control over the quality of our work. Any type of reproduction done illegally or outside of our office(s), could result in not only a lower quality of work than what our clients expect, but it could also tarnish our reputation in the industry. By doing so, you will be devaluating our work, and as such, you will be subject to fines of $50,000+ for Copyright Infringement.

Section 302 of the Act extended protection to "a term consisting of the life of the author and fifty years after the author's death." 

Section 106 granted five exclusive rights to copyright holders, all of which are subject to the remaining sections in chapter 1 (currently, sections 107-122):

  • the right to reproduce (copy) the work into copies and phonorecords,

  • the right to create derivative works of the original work,

  • the right to distribute copies and phonorecords of the work to the public by sale, lease, or rental,

  • the right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and

  • the right to display the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audiovisual work).

 

The Act was amended in 1995 to include a sixth exclusive right: the right to perform a sound recording by means of digital audio.

Copyright

All contents of this Site are: Copyright © 2019, 2020 Adira Entertainment, LLC. All rights reserved.

Trademarks

All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.

Governing Law/Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and the City of New York, New York. You hereby accept the exclusive jurisdiction of such court for this purpose.

BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT AND/OR TO A COURT TRIAL.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the site signifies your explicit consent to this waiver.

 

Severability Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any trademarks, service marks or logos owned by the company or by a third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time or from time to time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Notification Procedures

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.

Acknowledgement

By using our service or accessing this site, you acknowledge that you have read these terms of use and agree to be bound by them.

DISCLAIMER: All content provided on this website is for informational purposes only. The owner of this site makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.