Terms of Use

Please read these Terms of Use carefully before using any of the web sites operated by Ten Thirty-One Pictures Entertainment Inc. ("TTPE Sites"). By accessing or using the TTPE Sites, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the TTPE Sites.

Trademarks, Copyrights, and Restrictions

The TTPE Sites are controlled and operated by Ten Thirty-One Pictures Entertainment Inc. ("Ten Thirty-One Pictures Entertainment," "Ten Thirty-One Pictures Home Entertainment," "Ten Thirty-One Pictures," "we," "us," or "our"). The TTPE Sites were created to be both useful and entertaining. All materials on the TTPE Sites ("Online Materials"), including, without limitation, names, domain names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyrights and other intellectual property rights owned and controlled by Ten Thirty-One Pictures or by other parties that have licensed their material to Ten Thirty-One Pictures. You may download and retain only a single copy of the Online Materials, solely for your personal, non-commercial use. No Online Material may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the TTPE Sites. Any unauthorized attempts to modify any Online Material, to defeat or circumvent our security features, or to utilize the TTPE Sites for other than their intended purposes are prohibited. Please report any material on any Ten Thirty-One Pictures Site which you believe may infringe your copyright by following our Copyright Notice and Takedown Procedure.

Linked Sites

We have provided links to related sites for your convenience ("Linked Sites"). We do not review or endorse Linked Sites in any way whether or not Ten Thirty-One Pictures is affiliated with the sponsors of a site. We are not responsible for the content of Linked Sites or any off-site pages linked to the TTPE Sites. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Linked Sites are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site.

Submissions to TTPE Sites

You may only use TTPE Sites and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through TTPE Sites. 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 TTPE Sites 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 Ten Thirty-One Pictures) or privately transmitted on or through TTPE Sites are the sole responsibility of the sender, not Ten Thirty-One Pictures, and that you are responsible for all material you upload, post or otherwise transmit to or through TTPE Sites.

Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of Ten Thirty-One Pictures and Ten Thirty-One Pictures shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the TTPE Sites any content, or act in any way, which in the opinion of Ten Thirty-One Pictures:

(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via TTPE Sites;
(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from time to time regarding use of TTPE Sites or any networks connected to TTPE Sites; or
(I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.

We are not responsible for any material posted on the bulletin boards or in the chat areas conducted on the TTPE Sites. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to a Ten Thirty-One Pictures Site message board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the TTPE Sites.

Applicability of Online Materials

Unless otherwise specified, the Online Materials are presented solely for the purpose of Entertaining users of this site in the United States and its territories, and for promoting programs, films, and other products. The TTPE Sites are controlled and operated by Ten Thirty-One Pictures from its offices within the State of Illinois. We make no representation that the Online Materials are appropriate or available for use in other locations outside the United States. Those who visit the TTPE Sites from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from the United States or the country in which you reside.

Disclaimer of Warranties and Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE TTPE SITES, THE ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON THE TTPE SITES IS AT YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON THE TTPE SITES 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, TEN THIRTY-ONE PICTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TEN THIRTY-ONE PICTURES, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF TEN THIRTY-ONE PICTURES’S WEB SITES WARRANT THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TEN THIRTY-ONE PICTURES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON TEN THIRTY-ONE PICTURES’S WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. TEN THIRTY-ONE PICTURES DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN TEN THIRTY-ONE PICTURES’S WEB SITES OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TEN THIRTY-ONE PICTURES MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN TTPE SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TEN THIRTY-ONE PICTURES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF TTPE SITES. 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. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT TEN THIRTY-ONE PICTURES, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE TEN THIRTY-ONE PICTURES WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THE TTPE SITES OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE TTPE SITES; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE TTPE SITES OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THE TTPE SITES ("FORUMS") AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF TEN THIRTY-ONE PICTURES. TEN THIRTY-ONE PICTURES MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY TEN THIRTY-ONE PICTURES SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.

Indemnification

You will indemnify and hold harmless Ten Thirty-One Pictures Entertainment Inc., its related entities, and the shareholders, members, directors, officers, employees, agents, representatives, successors, and assigns of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto Ten Thirty-One Pictures’s servers, and/or from any and all use of any TTPE Sites.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its provisions regarding conflicts of law. All disputes which arise under these Terms of Use shall be resolved by confidential binding arbitration under the rules of the American Arbitration Association before a single arbitrator in Woodford County, Illinois.  The decision of the arbitrator shall be final and binding on the Parties.  In the event that either party hereto commences an action to enforce any of the provisions of these Terms of Use, the prevailing party in such action shall be awarded from the other party all of the costs (including, without limitation, reasonable attorneys’ fees and court costs) of such action.  The parties understand that they otherwise would have a right or opportunity to litigate through a court and have a judge or jury decide their case, but they chose to have any potential disputes between them decided through confidential arbitration. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. We reserve the right to terminate this agreement at any time without notice for any reason.

Contact Us

If you have any questions about these Terms, you may contact Ten Thirty-One Pictures.

These Terms of Use were last updated on or about April 23, 2013.