RLJE TERMS AND CONDITIONS OF USE
Last Updated September 4, 2018
These terms and conditions of use (“Terms”) are between you and RLJ Entertainment, Inc. and/or its affiliates (including but not limited to Acorn Catalog, Acacia Catalog, Image Entertainment, Acorn TV, Acacia TV, and UMC/Urban Movie Channel) (collectively “RLJE” or “Us” or “We”) and govern our respective rights and obligations. RLJE provide products and services to you when you visit one of our sites, help you discover and watch movies and TV shows, provide you with use of RLJE products or services, RLJE applications, or software provided by RLJE in connection with any of the forgoing, sell products (collectively “RLJE service” or “our service” or “the service”).
“RLJE Sites” or “our sites” refer to any website domain name registered to RLJE, including, but not limited to:
Acceptance of Terms
Changes to Terms
We may, from time to time, change these Terms, without notice to you. Such revisions shall be effective immediately. Your continued use of RLJE Sites after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must discontinue use of our sites and services.
When you visit one of our sites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Other Limitations, Limitations of Liability, and Disclaimers of Warranty
We reserve the right to accept or refuse access to our sites at our discretion.
THE RLJE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE RLJE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RLJE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RLJE SERVICE, IF APPLICABLE, WILL BE UNINTERRUPTED OR ERROR-FREE. RLJE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, RLJE READY DEVICES, AND RLJE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $500. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Professional Advice Disclaimer
Some of our sites, services, and products offer health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
You are responsible for exercising within your own limits. These exercise programs are not intended to diagnose, treat, or prevent any medical condition or to replace your healthcare provider. Consult with your healthcare provider to design an appropriate exercise prescription for you.
You understand that by using our sites and services, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use our services at your sole risk, and RLJE shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that RLJE does not guarantee their accuracy.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RLJE or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of RLJE and protected by U.S. and international copyright laws. All software used on this site is the property of RLJE or its software suppliers and protected by United States and international copyright laws.
RLJE graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of RLJE in the U.S. and/or other countries. RLJE’s trademarks and trade dress may not be used in connection with any product or service that is not RLJE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RLJE. All other trademarks not owned by RLJE that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RLJE.
RLJE grants you a limited license to access and make personal use of RLJE sites and not to download (other than page caching) or modify the RLJE sites, or any portion thereof, except with express written consent of RLJE. This license does not include any resale or commercial use of the RLJE sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the RLJE sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The RLJE sites or any portion may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RLJE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RLJE without express written consent. You may not use any meta tags or any other “hidden text” utilizing RLJE’s name or trademarks without the express written consent of RLJE. Any unauthorized use terminates the permission or license granted by RLJE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RLJE so long as the link does not portray RLJE, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RLJE logo or other proprietary graphic or trademark as part of the link without express written permission.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information (“Feedback”), so long as the Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such Feedback for these or any other reasons, but does not regularly review posted Feedback. If you do post or submit Feedback, and unless we indicate otherwise, you grant RLJE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media, for no compensation, acknowledgement, or payment to you for any purpose whatsoever. You grant RLJE and sub-licensees the right to use the name that you submit in connection with such Feedback, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you post; that the Feedback is accurate; that use of the Feedback you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RLJE for all claims resulting from Feedback you supply. RLJE has the right but not the obligation to monitor and edit or remove any activity or Feedback. RLJE takes no responsibility and assumes no liability for any Feedback posted by you or any third party.
Unsolicited Materials. RLJE welcomes your comments regarding RLJE products, including RLJE’s online services. Unfortunately, however, RLJE‘s long-standing 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 RLJE‘s 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 RLJE. None of the Submissions shall be subject to any obligation of confidence on the part of RLJE, and RLJE shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, RLJE 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 RLJE‘s liability exceed the amount payable to a writer under the Writers Guild of America Basic Agreement for a network prime time story or teleplay.
RLJE respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at inquiries@RLJEntertainment.com. Please provide us with the following information:
A physical signature (or electronic signature) of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Any dispute or claim relating in any way to your visit to our sites, products, or services, sold or distributed by RLJE or through RLJE, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at RLJ Entertainment, Inc., Attn: Legal Counsel, 6320 Canoga Avenue, 8th Floor, Woodland Hills, California 91367, USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, RLJE will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting RLJE, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflict or choice of laws principles, will govern these Terms and any dispute of any sort that might arise between you and RLJE.
We make no representation that our sites and services, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the sites from locations outside of the U.S. 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. The availability of content on our sites will vary by geographic location. RLJE will use technologies to verify your geographic location.
You must be 18 years of age, or the age of majority in your province, territory or country, to use our sites. Individuals under the age of 18, or applicable age of majority, may utilize our sites only with the supervision of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
If you need assistance with your account, please visit the help section on the relevant RLJE site. In the event of any conflict between these Terms and information provided by customer support or other portions of our website, these Terms will control.
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect
RLJ Entertainment, Inc.
6320 Canoga Avenue, 8th Floor,
Woodland Hills, California 91367, USA