Effective Date: November 14, 2022
All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services. You represent and warrant that you are at least 16 years of age, or if you are ages 13 to 16 years of age, that you are visiting the Site under the supervision of a parent or guardian who has agreed to these Terms. If you are under 16 years of age, your parent or guardian must provide written consent for you to use the Site. Our Site is not intended for those under the age of 13.
Please note that these Terms contain an arbitration provision and a waiver of class action and jury trial.
USE OF THE SITE
Violating the security of the Services is prohibited and may result in criminal and/or civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations. Without limiting the foregoing, you must not do (and agree not to do) any of the following:
- Violate any applicable law or legal requirement.
- Engage in fraud or misuse of the Services.
- Engage in conduct that is harmful or harassing to anybody or that would cause damage, embarrassment, or adverse publicity to TSHC, the Site, or the Services.
- Post, upload, publish, submit, or transmit any content that:
- Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Violates, or encourages any conduct that would violate, any applicable law or ive rise to civil or criminal liability;
- Is fraudulent, false, misleading, or deceptive;
- Is defamatory, obscene, pornographic, vulgar, or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person;
- Promotes illegal or harmful activities or substances;
- Constitutes spam, or competes with our business;
- Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Site or the Services.
- Attempt to scrape or collect any content or personal or private information from the Services or from other users of the Services.
- Collect or store personal data about other users of the Site or Services or solicit personal information from any individual without proper rights or the consent of the individual.
- Resell the Services, in whole or in part, or any content residing or displayed within or through the Services.
- Intercept, monitor, damage, or modify any communication not intended for you.
- Otherwise impersonate or misrepresent your affiliation with any person or entity or the origin of any information you provide from our Site.
- Alter the way that an aspect of a Site we provide is displayed or delivered to other users.
- Access, tamper with, or use non-public areas of a Site we provide, our computer systems, or the technical delivery systems of us or our providers.
- Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
- Access the Services if we have requested that you refrain from such access.
- Attempt to circumvent, decipher, decrypt, decompile, disassemble or reverse engineer any of the software used to provide the Services (or attempt, encourage, or support anyone else’s attempt to engage in such activities). The use of or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or the Services or that, in our sole judgment, exposes us or our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
We and our third-party partners reserve the right to restrict, block access to, suspend or terminate the Services for any reason or no reason, without notice, at any time.
In addition, we reserve the right to change and improve the features and functionality of the Site or the Services at any time, which includes adding, modifying, or removing features and functionality of the Site or the Services, or updating how our Services are provided.
ADDITIONAL TERMS AND CONDITIONS
In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services unless otherwise expressly stated.
CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Site and the Services, you agree that TSHC may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that TSHC sends to you electronically will satisfy any legal communication requirements, including any requirement that the communication be in writing. To withdraw your consent from receiving electronic notices, please notify us at firstname.lastname@example.org.
CONSENT AND SMS
By providing us with a mobile number, you agree to receive recurring automated marketing messages, as well as transactional texts like cart reminders, and we may process your personal information ourselves or through third parties for this purpose. SMS messages may be sent using an automatic telephone dialing system. Opting in to SMS messaging is not a condition for purchase.
Our SMS services are available to users on the following mobile carriers in the United States: AT&T (includes Cricket), Sprint, T-Mobile (includes MetroPCS), US Cellular, and Verizon. SMS may not be available in all areas. Supported carriers may change from time to time. Normal messaging and data rates may apply. Message frequency may vary.
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
All material on the Site, including, but not limited to images, artwork, photographs, moving images, characters, names, graphics, logos, files, service marks, computer code, illustrations, audio clips, video clips, user interfaces, visual interfaces, the design, structure, selection, coordination, “look and feel” and arrangement of these items, is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights (“Content”) which are owned and/or controlled by TSHC or its affiliates, or by other parties that have licensed their material to TSHC, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.All trademarks displayed on our Site or in the Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with us. Your use of this Site shall not grant you any claim of ownership over any Content. You may use material from the Site only for your own personal, non-commercial use, provided that you maintain any notices contained in the Content, or maintained by the Licensor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, sold, rented, leased, displayed, performed, broadcast, or distributed in any way without express authorization. The use of any such material on any other website, including by linking or faming, or in any networked computer environment, unless expressly authorized, is prohibited.
For permission to use Content from this Site or from marketing material authored by TSHC, you must request written permission in advance and provide full attribution.
TSHC respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TSHC the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact us at email@example.com or deliver the items above to TSHC’s Designated Copyright Agent at:
Copyright AgentThe SpringHill Company LLC1575 N. Gower Street, Suite 150Los Angeles, CA 90028
We will respond quickly to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent. TSHC will disable and/or remove access to the Site for users who are repeat infringers. While TSHC considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyright material may constitute fair use), you may wish to seek the advice of an attorney.
TSHC welcomes links to the Site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your website by TSHC, its affiliates, or any group or individual affiliated with TSHC. You may not use on your website any logos, trademarks, service marks, or other copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the Content or other materials on the Site without prior written consent.
UNSOLICITED CREATIVE SUBMISSIONS/COMMUNICATIONS
TSHC does not accept or consider creative ideas, suggestions or materials other than those TSHC has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TSHC or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. TSHC's practice is that creative ideas, suggestions or materials are only accepted for consideration when requested by TSHC, and submitted by a franchised literary agent or production executive with whom TSHC has established a working relationship, and from whom TSHC has received an executed submission agreement. TSHC's policy is to delete or discard any such unsolicited submissions/communications without reading, forwarding or responding to them.
If you send TSHC any such content, you grant TSHC a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense, through multiple levels, such content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any unsolicited content, when you post comments or reviews to our Site or Services, or via mentions or direct messages in social media, you also grant us the right to use the name, username, or profile that you submit with any comment, message, review, or other content, in connection with the comment, message, review or other content.
THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TSHC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. TSHC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TSHC OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TSHC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION OR MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TSHC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE INFORMATION AND MATERIAL THAT YOU READ ON THE SITE IS PROVIDED FOR ENTERTAINMENT PURPOSES.
THE INFORMATION AND OPINIONS EXPRESSED IN ANY BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THE SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF TSHC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND TSHC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER TSHC NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.
LIMITATION OF LIABILITY
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.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TSHC DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISIFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
The Materials and all other content and features on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of products, content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.By using the Services, you waive any claims that may arise under the laws of other countries or territories.
DISPUTES/ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVERS. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
ACCESS OUTSIDE THE UNITED STATES
You agree and understand that these Terms, together with any other applicable click-through agreements you may have entered into regarding our Site or our Services, constitutes the entire agreement between TSHC and you regarding your use of our Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closes to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and TSHC as a result of these Terms or your access to and use of the Services. You further agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Our failure to enforce any provision of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violation. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
The SpringHill Company does not accept or consider unsolicited creative content or sales/investment opportunities. If you make an unsolicited submission of any kind, it will not be kept confidential and will not be reviewed, acknowledged, or returned.