Terms of Service

Last Updated: April 8, 2023

PLEASE READ THESE TERMS OF SERVICE AND THE CELLULOID DREAMS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE.

WELCOME

This site is owned and operated by Celluloid Dreams LLC. (“Celluloid Dreams”). These terms of service (the “Terms of Service” or “TOS”) apply to and govern your, and any authorized user of your account, use of this site (as hereinafter defined, and, collectively referred to as the “Site”). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the Privacy Statement (the “Privacy Statement”).

LICENSE TO USE THE SITE

Celluloid Dreams grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.

CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE

Celluloid Dreams reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All trademarks, service marks, and trade names are proprietary to Celluloid Dreams LLC. and its affiliates. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by Celluloid Dreams (the “Site Materials”) without the prior written permission of Celluloid Dreams. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of Celluloid Dreams’ copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from Celluloid Dreams.

SOFTWARE

At its sole discretion, Celluloid Dreams may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Celluloid Dreams. Celluloid Dreams does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Celluloid Dreams retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

UNSOLICITED SUBMISSIONS

Celluloid Dreams is pleased to hear from its customers and welcomes your comments regarding Celluloid Dreams products, including Celluloid Dreams’ online services. Unfortunately, however, Celluloid Dreams’ company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Celluloid Dreams’ professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send or post certain specific submissions (e.g., via a message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Celluloid Dreams. None of the Submissions shall be subject to any obligation of confidence on the part of Celluloid Dreams, and Celluloid Dreams shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Celluloid Dreams shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing you agree that in no event shall Celluloid Dreams’ liability exceed the amount payable to a writer under the Writers Guild of America Basic Agreement for a story.

FORUMS AND PUBLIC COMMUNICATIONS

As a convenience to its visitors, Celluloid Dreams may provide, from time to time and at its sole discretion, one or more chat areas, message boards, e-mail functions, instant messaging service, voice-mail, and other services (collectively, the “Forums”). Forums are provided by Celluloid Dreams to you and others subject to this TOS, the Guidelines for Use of the Forums, (as defined below) the Privacy Statement, and other rules that may be published from time to time by Celluloid Dreams.

LINKED SITES

Celluloid Dreams is not necessarily affiliated with sites which may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content. Those sites may collect data or solicit personal information from you. Celluloid Dreams does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.

NO RESALE / EXPLOITATION

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.

NON-UNITED STATES RESIDENTS

Celluloid Dreams makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

JURISDICTIONAL ISSUES

The Site is controlled and operated by Celluloid Dreams from its offices within the State of California, United States of America. Celluloid Dreams makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

You understand and agree that Celluloid Dreams may, in its sole discretion and at any time, terminate your password or Account for any reason. Celluloid Dreams may also, in its sole discretion and at any time, discontinue any Forum or limit or restrict any users access thereto, for any reason. You understand and agree that Celluloid Dreams may take any one or more of these actions without prior notice to you. Should Celluloid Dreams take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that Celluloid Dreams shall not have any liability to you or any other person for any termination of your access and the removal of information concerning your Account.

DISCLAIMER

THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE 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, CELLULOID DREAMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELLULOID DREAMS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. CELLULOID DREAMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CELLULOID DREAMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CELLULOID DREAMS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF CELLULOID DREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CELLULOID DREAMS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER

This TOS shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be 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.