Last Modified: December 7, 2016
Night Owl Cinematics (“us”, “we”, or “our”) mission is to enable creators to share their passion for lifestyle and pop culture with you through unique shows, games, charitable programs, community events and other activities (the “Night Owl Cinematics”). Unless otherwise stated, Night Owl Cinematics Services are not intended for individuals under the age of 13 and by using Night Owl Cinematics Services you affirm that you are at least 13 years of age.
These terms govern your use and our provision of the Night Owl Cinematics Services where these terms are posted, as well as Night Owl Cinematics Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Night Owl Cinematics Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE Night Owl Cinematics SERVICES.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
b. Supplemental Terms. Some Night Owl Cinematics Services may be subject to supplemental terms and conditions, such as rules for a particular competition, service, or other activity, or terms that may accompany certain content or software accessible through the Night Owl Cinematics Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service, or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
2. The Night Owl Cinematics Services
a. Nature and Use of Night Owl Cinematics Services. The Night Owl Cinematics Services are for your personal, noncommercial use and are intended for entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the Night Owl Cinematics Services across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.
b. Ownership of Night Owl Cinematics Services. The Night Owl Cinematics Services are our copyrighted property or the copyrighted property of our talent, licensors, or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Night Owl Cinematics Services are owned by us or our talent, licensors, or licensees. Except as we specifically agree in writing, no element of the Night Owl Cinematics Services may be used or exploited in any way other than as part of the Night Owl Cinematics Services offered to you. If applicable, you may own the physical media on which elements of the Night Owl Cinematics Services are delivered to you, but we retain full and complete ownership of the Night Owl Cinematics Services. We do not transfer title to any portion of the Night Owl Cinematics Services to you.
c. Content and Software License. If a Night Owl Cinematics Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only. Night Owl Cinematics may need to automatically update or modify the Night Owl Cinematics Services, for reasons that may include, but are not limited to, security or bug fixing, and you hereby consent to such automatic updating and/or modification. You may not circumvent or disable any content protection system or digital rights management technology used with any Night Owl Cinematics Service; decompile, reverse engineer, disassemble or otherwise reduce any Night Owl Cinematics Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Night Owl Cinematics Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Night Owl Cinematics Service in violation of Singapore export control and economic sanctions requirements. By acquiring services, content or software through the Night Owl Cinematics Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements and all applicable laws.
d. Disclaimers and Limitation on Liability. THE Night Owl Cinematics SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND SGD DOLLARS (SG $1,000). THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
e. Changes to the Night Owl Cinematics Services. The Night Owl Cinematics Services are constantly evolving and will change over time. Night Owl Cinematics does not guarantee that any Night Owl Cinematics Service will be available and Night Owl Cinematics may cease to provide the Night Owl Cinematics Service(s) at any time.
f. Additional Restrictions on Use of the Night Owl Cinematics Services. We do not allow uses of the Night Owl Cinematics Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Night Owl Cinematics Service or connected network, or interfere with any person or entity’s use or enjoyment of any Night Owl Cinematics Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Night Owl Cinematics Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Night Owl Cinematics Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
h. Mobile Networks. When you access the Night Owl Cinematics Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Night Owl Cinematics Services may be prohibited or restricted by your network provider and not all Night Owl Cinematics Services may work with your network provider or device.
3. Your Content and Account
a. User Generated Content. The Night Owl Cinematics Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Night Owl Cinematics Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
i. You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
ii. To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall conditioned upon: (A) such activities being solely non-commercial in nature; and (B) your assignment to us of all rights in the work you create. If your use is commercial and/or such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
iii. We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Night Owl Cinematics Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. ‘
b. Accounts. Some Night Owl Cinematics Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
c. Account Termination. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Night Owl Cinematics Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
d. Passwords and Security. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Night Owl Cinematics Services. The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Paid Transactions
a. Identity of Seller. Sales are made by Night Owl Cinematics or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on the Night Owl Cinematics Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
b. Digital Content and Virtual Items. We may make applications, games, software or other digital content available on the Night Owl Cinematics Services for you to license for a one-time fee. When purchasing a license to access such material from a Night Owl Cinematics Service, charges will be disclosed to you on the Night Owl Cinematics Service before you complete the license purchase. Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Night Owl Cinematics Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Night Owl Cinematics Services can only be used in connection with the Night Owl Cinematics Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Night Owl Cinematics Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
c. The Order Process. You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered. We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
d. Payments and Billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
e. Right of Cancellation; Return of Goods. When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is nonrefundable. You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the Night Owl Cinematics Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods. If you wish to cancel, you must do so by following the cancellation instructions for the particular Night Owl Cinematics Service. A sample cancellation form is available here.
f. Personalized Goods. Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
g. Pricing; Taxes. We may revise the pricing for products and services we offer. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
h. International Shipping; Customs. When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
5. Contests, Sweepstakes, and Other Promotions
a. Supplemental Rules and Conditions. Contests, sweepstakes, and other promotions offered in connection with the Night Owl Cinematics Service may be governed by supplemental rules and conditions.
6. Additional Provisions
a. Submissions and Unsolicited Ideas Policies. Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
b. Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Lance R. Griffin
The Walt Night Owl Cinematics Company
500 South Buena Vista Street
Burbank, California 91521, USA
Phone: +1 818-560-1000
Fax: +1 818-560-4299
We are only able to accept notices in the languages into which these terms are made available by us. We will respond expeditiously to claims of copyright infringement committed using the Night Owl Cinematics Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Night Owl Cinematics Services hosted in the Singapore, these notices must include the required information set forth in the DMCA and described in detail here.
c. Choice of Forum. You agree that any action at law or in equity arising out of or relating to these terms or the Night Owl Cinematics Services shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, Singapore of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
d. Choice of Law. These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the Singapore, without giving effect to any conflict of law principles. Severability 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.
e. Termination. The term of this Agreement shall continue until terminated as provided herein. You may terminate this Agreement at any time by ceasing to use the Night Owl Cinematics Services. Night Owl Cinematics may terminate this Agreement with respect to Night Owl Cinematics Service(s) at any time in the event that: (i) Night Owl Cinematics ceases to provide the applicable Night Owl Cinematics Service(s); or (ii) you breach any terms of this Agreement.
f. Survival. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
g. Waiver. No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.