Terms and Conditions
These Terms and Conditions of Use (“the T&Cs”) govern your access to and use of all websites, applications, and any other digital properties owned or operated by Picturehouse and our affiliated entities (collectively, “the Company,” “we”, “us” and “our”), including but not limited to Picturehouse.com and Fatimathemovie.com (collectively, “the Sites”). These T&Cs govern your use of and access to the Sites, please read them carefully. The Sites are offered and intended for U.S. residents who are at least 18 years of age. By accessing or using the Sites, you represent and warrant that you meet these eligibility requirements; please refrain from accessing or utilizing the Sites if you do not meet these eligibility requirements.
We may at any time in our sole discretion modify, suspend or discontinue the Sites, any service, content, or feature offered through the Sites, or your access to the Sites, with or without notice. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites, any service, content, or feature offered through the Sites, or your access to the Sites.
The T&Cs include important information about your legal rights and your use of the Sites constitutes your agreement to follow and be bound by the T&Cs. We expressly reserve the right to modify the T&Cs at any time, without prior notice, by posting an updated version of the T&Cs on the Sites. Therefore, you should review the T&Cs whenever you utilize the Sites. Your continued use of the Sites constitutes your consent to the current T&Cs posted at the time of your visit. Do not use our Sites if you do not agree to the T&Cs.
Prohibited Uses
The T&Cs specifically prohibit you from undertaking certain actions while utilizing the Sites. You specifically agreed to refrain from the following actions when using the Sites: (i) Copying, recording, collecting, taping, downloading, photographing, or scraping any of the contents of our Sites including any protected material (including intellectual property), graphics, movies, text, images or videos on or available through our Sites; (ii) Acting in any manner that imposes our infrastructure to significant processing; (iii) Utilizing any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites; (iv) Using any types of virus or other item that is technologically harmful; (v) Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites or server(s) on which the Sites are stored or hosted, or any server, computer, or database connected to the Sites; (vi) Posting any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights.
If we determine, in our sole and absolute discretion, that you have violated any provision of these T&Cs or any applicable law, we at any time may terminate, restrict, or modify all or part of your access to the Sites. We may disclose any communication or material from or provided by you:
(i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate the Sites; or
(iii) to protect the rights or property of us, our clients, our third-party service providers, or users of the Sites.
Our Intellectual Property Rights
Picturehouse, Fatima and all related names, logos, product and service names, designs, and slogans are our trademarks and intellectual property. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
The Sites and all contents accessed through or on the Sites including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by us, our affiliates, our licensors, or our clients. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws. The T&Cs permit you to utilize the Sites for your personal, non-commercial use only. You may not:
· Copy, download, distribute, transfer, transmit, upload, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without our prior written consent; or
· Decompile, reverse engineer, or disassemble software code or software materials; or
· Remove any copyright notice or other proprietary notices from the Materials.
Any use of the Sites not expressly permitted by these T&Cs is a breach of these T&Cs and may also violate intellectual property and other laws.
Copyright Infringement – Making a Claim
You may request removal of materials you reasonably believe are infringing on intellectual property rights by sending written notice to our designated copyright agent at:
11766 Wilshire Blvd
9th floor
Los Angeles, CA 90025
In order to comply with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, you must include the following in your written notice:
· your physical or electronic signature;
· identification of the copyrighted work you believe to have been infringed;
· identification of the material on our Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
· your contact information including your name, mailing address, telephone number and, if available, email address;
· a statement that you have a good faith belief that utilization of the copyrighted material is not authorized by the copyright owner, its agent or the law;
· a statement that the information in the notice is accurate; and
· a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees as set forth in the Digital Millennium Copyright Act.
Third Party Sites
Our Sites may contain links to third party websites (“Third Party Sites”). The Third Party Sites are not under our supervision or control and we are in no way responsible for the contents, features, or practices of any Third Party Sites, or any damages suffered by you in traveling to or utilizing the Third Party Sites. Please be aware that, when you visit a Third Party Site, you are subject to the privacy policies and terms and conditions of use for that Third Party Site and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.
Utilization of the Sites, Disclaimer of Warranty, Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITES.
THE SITES, THEIR FEATURES, AND THEIR CONTENTS ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
We cannot and do not guarantee or warrant that: (1) all information you transmit via the Sites will be completely secure and unable to be accessed, altered, deleted; (2) the Sites, their contents, or features will be free from errors, inaccuracies, viruses, bugs, or other harmful components; or (3) the Sites, their contents, or features will be available or accessible at any given time or for any length of time. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection.
We do not represent or guarantee the accuracy, suitability, reliability, or timeliness of any of the information, contents, videos, or materials on or available through the Sites. You should not rely upon any information on or contents of the Sites for medical, legal, financial, or other personal decisions.
Privacy Policy
Our collection of information via the Sites and our utilization and/or sharing of such information is governed by our Privacy Policy. By using the Sites, you agree to our Privacy Policy.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Governing Law
We recognize that our Sites may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of California. To the maximum extent permitted by law, the use of our Sites and the T&Cs are governed by the laws of the State of California and, as applicable, the laws of the United States without giving effect to any choice of law or conflict of law provision or rule.
Entire Agreement
The T&Cs and our Privacy Policy constitute the entire agreement between you and us with respect to the Sites and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Sites.
Contact
If you have questions about the Sites or the T&Cs, you may contact us at: contact@picturehouse.com.
