Terms of Use

Welcome to FoggyBottom.com, a PStreetFilm LA, LLC (“FBP”) Web site (our “Site”). Thank you for visiting, and we know that the interactive media on our Site will provide you with many engaging and entertaining opportunities to explore all that is FoggyBottom.

Our Site WILL showcase FoggyBottom’s highly acclaimed catalogue of films, televisions shows and other audio visual entertainment. It is important to us that you, and our other visitors, have the best possible time while using our Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using our Site, because they affect your legal rights and obligations.

Your Acceptance of Terms 

These Terms of Use govern your use of our Site, including all features and functionalities, instant streaming downloads, user interfaces, and all content and software associated therewith. By using, visiting, browsing or downloading any content or accessing any part of our Site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use our Site.

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of our Site will be deemed as irrevocable acceptance of any revisions.

How To Contact Us 

This Site is controlled and operated by Foggy Bottom Pictures.  Please forward any comments or complaints about our Site and any questions regarding privacy or legal matters to legal@foggybottompictures.com.

Your Registration 

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be true and accurate. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at FBP believe the details are not correct, current, or complete, we have the right to refuse you access to our Site, or any of its resources, and to terminate or suspend your account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Online Privacy Notice 

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms of Use.

Trademarks and Copyrights 

This Site and materials incorporated and/or made available by streaming and/or download by FBP on this Site (“Material“) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights“). Some of the characters, logos or other images incorporated by FBP on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by FBP or others (“Trademarks“). FBP respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use of Material 

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification retransmission, authorized downloading, copying or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by FBP. Any authorization to copy Material granted by FBP in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the Material or code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

THIRD PARTY LINKS

Our Sites may link to and/or contain advertisements about non-FBP owned or controlled Web sites or other Internet or mobile resources. You acknowledge and understand that FBP does not endorse or sponsor such other third party Web sites or other Internet resources and FBP EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES.

Disclaimer of Warranties 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. OUR SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN OUR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUR SITE, FBP AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF FBP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FBP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FBP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN OUR SITE OR ANY WEB SITES LINKED TO OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FBP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN OUR SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FBP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability 

FBP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF FBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF FBP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Specifically, FBP assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site (or any parts thereof); (iii) any unauthorized access to or use of FBP’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from our Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any Invited Submissions (hereinafter defined)and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of our Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by FBP herein. FBP reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of our Site (including, without limitation any of our Site Services).

Forums 

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS“) ARE NOT NECESSARILY THOSE OF FBP, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES, ASSIGNS OR CONTENT PROVIDERS. FBP DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF FBP. FBP MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN FBP’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

_subscript Blog

FBP MAY POST CONTENT INCLUDING ARTICLES, PHOTOS, VIDEOS, TEXT EXCERPTS, QUOTES OR OTHER CONTENT (“BLOG CONTENT“) IN THE _subscript SECTION OF THIS SITE THAT INCLUDES VIEWS AND/OR OPINIONS. THE VIEWS AND/OR OPINIONS EXPRESSED IN THIS BLOG CONTENT ARE NOT NECESSARILY THOSE OF FBP OR OUR AFFILIATES AND OUR INCLUSION OF THIS BLOG CONTENT ON OUR SITE DOES NOT IN ANY WAY IMPLY AGREEMENT OR SUPPORT OF THE OPINIONS AND/OR VIEWS EXPRESSED THEREIN.

Submissions, Postings and E-mails 

FBP is interested in hearing from you regarding your questions or comments about our Site. However, FBP does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send unsolicited submissions to any member of FBP.

From time to time, areas on this Site may expressly request submissions of concepts, stories, videos, textual comments, photographs, images, or other creative works and/or other personal media content and feedback, and other information from you (collectively, “Invited Submissions“‘). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms“), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to our Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by FBP) or privately transmitted on or through this Site are the sole responsibility of the sender, not FBP, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at FBP require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via our Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a ‘pyramid’ or similar scheme;
(p) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by FBP anywhere on this Site (e.g., on any web space made available for your use).

NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO FBP ANY OWNERSHIP RIGHTS IN AND TO YOUR INVITED SUBMISSIONS, PROVIDED, HOWEVER, THAT FBP WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE FBP LICENSED ASSETS (IF ANY) INCLUDED IN YOUR INVITED SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR INVITED SUBMISSIONS YOU ARE GRANTING TO FBP THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE FBP TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR INVITED SUBMISSIONS.

You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your Invited Submissions, and (b) FBP may already have projects under consideration that are similar to your Invited Submissions or may independently develop projects that are similar to your Invited Submissions, or other Invited Submissions transmitted by other users of our Site may be similar or the same as your Invited Submissions. Because of the viral nature of social media, you should not submit any content or information to FBP that you do not want to be viewed and “shared” or otherwise distributed by others. In connection with all of the Invited Submissions you Submit to our Site, and any other activities that you conduct on or by means of our Site, you represent, warrant and covenant that: (i) the Invited Submissions are original to you (in other words, that you own all rights in and to your Invited Submissions) or, alternatively, that you have acquired all necessary rights in your Invited Submissions to enable you to grant to FBP the legal use of the material in your Invited Suubmissions; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your Invited Submissions, and FBP will not be responsible for such obligations; (iii) your Invited Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your Invited Submissions, nor any of the other activities that you undertake on our Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable Laws or these Terms, or violative of any person’s publicity or privacy rights; and (v) your Invited Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your Invited Submissions do not violate any of the foregoing representations and warranties and to make such records available to FBP upon FBP’s request.

FBP is not responsible for any loss, theft or damage of any kind to any Invited Submissions.

You acknowledge that FBP does not as a matter of its ordinary practice pre-screen any Invited Submissions submitted by you or other users of our Site but that FBP (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the Invited Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by FBP in its sole discretion. FBP shall have the right in its sole discretion to refuse, remove, edit, or disable any of your Invited Submissions (and/or any other Site users’ Invited Submissions) that violate these Terms or are otherwise objectionable, as determined by FBP in its sole discretion, as well as terminate your and/or any Site user’s continued access to and/or other use of our Site (including, without limitation, access to and/or use of any of our Site Services, features or functionality available on or through our Site). FBP does not control or endorse any Invited Submissions, and any Invited Submissions submitted to our Site do not reflect the opinions, views or policies of FBP or any of its affiliates. FBP disclaims any and all liability in connection with any and all Invited Submissions, and you agree to waive any legal or equitable rights or remedies you may have against FBP or any of its affiliates with respect to such Invited Submissions.

If you remove or delete any of your Invited Submissions from our Site, that User Submission will be removed from our Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and FBP may maintain copies for archival purposes.

FBP reserves the right to display advertisements in connection with your Invited Submissions and to use your Invited Submissions to advertise and promote your Invited Submissions or our Site (in whole or in part) or any of FBP’s products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.

These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of our Site.

System Abuse 

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security 

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). FBP shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that FBP considers insecure, FBP will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, FBP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations 

FBP reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. FBP may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. FBP may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FBP believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. FBP will fully cooperate with any law enforcement authorities or court order requesting or directing FBP to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF FBP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF FBP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF FBP OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to our Site on the World Wide Web (including a computer, modem and/or other access devices).

FBP reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations 

FBP makes no representation that Materials or other content in our Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access our Site from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity 

You agree to indemnify and hold harmless FBP and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your Invited Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any person’s intellectual property, privacy, publicity or other right; (v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use our Site (in whole or in part); or (vi) your willful misconduct or the willful misconduct of anyone accessing our Site through your registered account, in connection with your (and/or such other person’s) use of our Site (in whole or in part). FBP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FBP in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.

Our Use of Content 

FBP will consider anything you provide to FBP and/or contribute to this Site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Submissions, Postings and E-mails above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to FBP (“User Content“), you automatically and irrevocably: (a) grant and assign to FBP a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by FBP and/or by any person authorized by FBP, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint FBP as your agent with full power to enter into any document and/or do any act FBP may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; and (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that FBP shall not be liable for any use or disclosure of such User Content.

Third-Party Sites 

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of FBP, and you acknowledge that (whether or not such sites are affiliated in any way with FBP) FBP is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites and FBP EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES. The inclusion of such a link does not imply endorsement of any site by FBP or any association with its operators.

FBP cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from FBP because other shop channels are owned and operated by independent retailers. FBP does not endorse any of the merchandise, nor has FBP taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. FBP does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Proprietary Online Services 

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues 

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.

Any dispute of any kind between you and any member of FBP arising under these Terms of Use shall be resolved by binding arbitration in Los Angeles, California, pursuant to the JAMS Streamlined Arbitration Rules and Procedures (see Binding Arbitration Section below).

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement 

If you believe a work has been copied in a way that constitutes copyright infringement, please send FBP’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification“) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit FBP to locate the material on our Site; (iii) information reasonably sufficient to permit FBP to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.

FBP Film NY, LLC
2540 Colorado Avenue, Suite 100E
Santa Monica, California 90404
Tel: (310) 409-4321
Attention: legal@FBP.com

FBP seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

By submitting an Infringement Notification, you acknowledge and agree that FBP may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

If you believe that your User Submission has been wrongfully removed from our Site, you may send FBP a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to FBP’s designated copyright agent, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on our Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Central District of California, for addresses outside the USA) and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that FBP may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.

BINDING ARBITRATION

THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, OR OUR SITE, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JAMS (“JAMS“) FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD.

This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.

TERMINATION

You understand and agree that FBP may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any licenses describer herein and otherwise your access to our Site, and discard, remove, and/or disable or deactivate any or all of your Invited Submissions that you submitted to or by means of our Site and/or any other information and data that you (and/or anyone else) may have provided to or by means of our Site, for any reason. FBP may also, in its sole discretion and at any time, discontinue our Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT FBP MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT FBP SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO OUR SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR INVITED SUBMISSIONS (OR THE INVITED SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF OUR SITE.

You may discontinue your access to, use or participation on or by means of our Site at any time.

INJUNCTIVE RELIEF

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any FBP or any FBP affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of our Site, of any information about you contained in the applicable FBP database, to the extent FBP assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of FBP’s assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular site, to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of our Site signifies your agreement to be bound by the terms of use and privacy statement of our Site’s subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.

These Terms of Use were last updated on November 2, 2015.