Sunset Studios Terms of Service
- Your Privacy
- Access and Use of the Service
- Conditions of Use
- Intellectual Property Rights
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- User Disputes
- Notice for California Users
- Questions? Concerns? Suggestions?
Sunset Services Holdings, LLC and its affiliates (which includes, but is not limited to, Hudson Media and Entertainment Management, LLC) (“Company,” “we,” “us,” “our”) provide services (described below) to you through, or at your request made through, our website(s) as well as through this mobile application powered by HqO, Inc. (the “Mobile App”) together with related services (all such services, website(s), and Mobile App, including any new features and applications, collective referred to as the “Service”), all of which are subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. We will indicate the date these terms were last revised, and will also notify you through the Services user interface, an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. If you disagree with such changes, you may cease to use the Services at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
This Agreement is limited in scope, and is not intended to supersede, contradict, nor otherwise change any lease or license term, condition, or obligation in effect, if any, between you and Company entities concerning any real property matters, issues or disputes or matters relating to services concerning such real property specified in the lease or license agreements. With respect to any such lease or license agreement between you and Company, the terms of said agreements shall control over any contrary term set forth in this Agreement to the extent any matter or dispute arises concerning the real property or services which are the subject of those agreements. These terms, conditions and disclaimers are solely intended to apply to matters concerning the Service, such as your use of the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH COMPANY, UNLESS SPECIFICALLY PROHIBITED BY APPLICABLE CONSUMER PROTECTION LEGISLATION. THE SECTIONS BELOW TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” IN PARTICULAR CONTAIN IMPORTANT LIMITATIONS ON AND EXCLUSIONS OF OUR LIABILITY TO YOU.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Access and Use of the Service
Services Description: The Service is designed to augment a tenant’s experience at a studio property including by providing information, services, and functionality related to the property. The services are described in more detail below. Certain portions of the Service are selected or provided on behalf of your building owner, property manager or landlord (the “Building Manager”).
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s or its third-party service providers’ servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through a Mobile App downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that subject to applicable laws we may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. If you change or deactivate your mobile telephone number, you agree to promptly update your Company Service account information to ensure that your messages are not sent to the person that acquires your old number.
Features and Functionality: As part of the Service, Company may make available one or more of the following features and functionality directly or through Third Party Services (as defined below):
- Building Information: You may access certain information related to your building, including contact information, hours of availability, location, and amenities.
- Current Happenings: You may access certain information regarding notifications or current local events in or around the building, such as local construction, social gatherings, and other perks or benefits.
- Amenities: You may receive certain information regarding the amenities of the building, and of the businesses in or around the building. You may reserve certain building amenities such as reserving a common space in the building for an event or gathering. Neither the tenant, Building Manager nor Company guarantees that the building amenities will be available for your use.
- Visitor Management: You may register your visitors to notify building personnel of certain visitors that you wish to add to the building visitor log and allow certain access to the building. You, and not Company, will be solely liable for updating or cancelling any applicable visitor requests, as well as the actions and omissions of any visitor that you authorized to enter the building, while such visitors are in the building or on the building premises, in accordance with the rules applicable to your building as set forth by your Building Manager. A request to add a visitor to the visitor log does not guarantee that such visitor will be allowed to enter the building, and the building owner, property manager or Building Manager may have additional criteria that you or the visitor may need to satisfy.
- Service and/or Maintenance Requests: You may submit maintenance requests and work orders. In case of an emergency, please contact building maintenance directly. Company is not responsible for response times or the quality or timeliness of such repairs or maintenance. Company will not be responsible for any actions taken or omissions by any building personnel in the course of responding to such maintenance requests.
- Commuter and Travel Information: You may look up certain information regarding public transportation or private transportation options, including estimated travel times via driving, public transportation options and next bus/train, information on available ride-sharing services, and information on bike sharing.
- Food Ordering: You may order food from third-party food vendors and restaurants, either natively through the Service, or through third-party food ordering services, as available. You will be responsible for all charges associated with your order. You, and not Company, will be solely responsible for (i) updating, rescheduling or cancelling your order, as needed, and (ii) notifying a restaurant of any food allergies when placing a food order.
- Restaurant Reservations: You may make meal reservations, either natively through the Service, or through third-party food ordering services (such as OpenTable), as available. You will be solely responsible for ensuring you are awarded any points or perquisites in connection with your reservation and redeeming such points or perquisites. Company will not be responsible for any information you provide to such third-party reservation services. Company will not be responsible for any information that you provide to the restaurant. In addition, you, and not Company, will be solely responsible for (i) updating, rescheduling or cancelling your reservation, as needed, and (ii) notifying a restaurant of any food allergies when suggesting or making reservations at restaurants.
- Third Party Amenities: You may request or book certain services from third parties (each a “Third Party Provider”), to the extent they are available at your building, such as dry cleaning, chair massages, fitness classes, salon appointments, wellness programs, eye exams, etc. You will be contracting directly with the Third Party Provider for such services and not Company, and you will be responsible for paying the Third Party Provider directly. You, and not Company, will be solely responsible for (i) scheduling such service appointments, (ii) any applicable day-of correspondence with the Third Party Provider, and (iii) updating, rescheduling or cancelling your service appointment, as needed. Company will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to the service appointment or the Third Party Provider. Company is not responsible for the performance of any services by any Third Party Providers.
- Access to Secure Locations: You may access certain of your building’s secure locations, such as exterior doors, elevators, and/or lobby turnstiles. Company will not be responsible for any of your actions or omissions, or actions taken by others as a result of your omissions (g., allowing others to use your Service account or device to access secure locations or failing to secure any secure locations after your entry or exit), with respect to such secure locations.)
For each of the services listed above that is provided by a third party, the information and services are provided by the applicable third party. Company is not responsible for the accuracy or completeness of any such information, or the availability or quality of any services provided by third parties. You, and not Company, will be responsible for any and all costs and charges associated with your use of any of these services. Other than services provided by the building owner or management company, you may be subject to additional terms and conditions and scheduling considerations.
Fees; Refunds: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instrument, as made available from time to time at Company’s sole discretion (each, a “Payment Method”). You represent and warrant to Company that such information is true and accurate, and that you are authorized to use the Payment Method selected. You will promptly update your account information with any changes that may occur regarding your Payment Method (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified, in accordance with these Terms of Service. When paid by you, these payments are final and non-refundable, unless Company determines otherwise in its sole discretion. You hereby authorize Company to bill your Payment Method in advance in accordance with the specified terms specified within the Service at the time of billing, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you. Company, in its sole discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged. Company attempts to ensure the accuracy of the pricing reflected on the Service; however, if there is a pricing error Company reserves the right to cancel or adjust the pricing. We reserve the right to change Company’s prices. If Company does change prices, Company will provide notice of the change in the Service or in email to you, at Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice, or the Services may be terminated with or without notice. Unpaid invoices are subject to a finance charge of 1.5% per month (18% per year) on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You will be responsible for all taxes associated with the Services, other than taxes based on Company’s net income.
Payment Authorization: By using the Service to make payments, you authorize Company to electronically debit your Payment Method in the amount and upon the date you authorize in the Service, subject to the Payment Processor Terms (as defined below), and if necessary, to electronically credit your same Payment Method. You understand this authorization will remain in full force and effect until you notify Company by an email to [email protected], you revoke this authorization. You understand that Company requires at least three (3) business days’ prior notice of revocation of any payment authorization. You acknowledge that all payments that you authorize must comply with all applicable law. Once you authorize payment, no changes or corrections to the payment may be made. You understand that you should retain a hard or electronic copy of your authorization for your records.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (“upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, provincial, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from any minors;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- penetrate, breach, avoid, or otherwise hack the security controls implemented by Company;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
- use any robot, spider or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any materials or information available on or through the Service; or
- use any manual process to monitor or copy any of materials or information available on or through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to applicable export control laws in the United States, Canada and elsewhere. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S., Canadian, or other applicable export laws. Downloading or using the Software is at your sole risk. The Software is not available in embargoed countries. You represent and warrant that you are not located in an embargoed country to Canada or the United States, and that you will not use the Software for any purposes prevented by internal laws on export control. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Subject to these Terms of Service, Company hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (i) install the Mobile App on one mobile device and (ii) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned limited rights in connection with the installation and use of the Mobile App on one device.
The technology and software underlying the Service or distributed in connection therewith are the property of Company and Company’s licensors (including the Mobile App, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
Company may offer the Mobile App through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain the Mobile App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (such Mobile Apps, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply: Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple Inc. (“Apple”), and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows:
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Company’s Google-Sourced Software.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, Company makes such open source software, and Company’s modifications to that open source software (if any), available by written request to [email protected] Copyrights to the open source software are held by the respective copyright holders indicated therein.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: Certain names and logos used on the Mobile App are trademarks and service marks of the Company and/or affiliates of the Company (collectively the “Company Trademarks”). Other products, service names, and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content and Usage Data: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing, in any form, medium or technology now known or later developed, and you waive all moral rights you may have in your User Content for those purposes.
Any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution or compensation to you.
Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. 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, you should notify Company of your infringement claim in accordance with the procedure set forth below.
Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (United States) (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company at [email protected] (Subject line: “Sunset Studios DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- the date and time of the alleged infringement;
- a description of your interest or rights with respect to the work(s) claimed to have been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- the location data for the electronic location to which the alleged infringement relates;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the County of Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company ‘s sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Social Networking Services
You will indemnify, defend, and hold HPP, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits, claims, damages, expense (including reasonable attorneys’ fees and costs) arising out of or in any way relating to (i) your breach of this Agreement, including, but not limited to, any infringement by you of the copyright, trademark, patent or other intellectual property rights of Company and any third party; (ii) acts or omissions by you out of or in connection with this Agreement; (iii) intentional or negligent violations by you of any applicable laws or governmental regulation; or (iv) contractual relations between you and a third party relating to your use of the Service.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS AND SUPPLIERS (THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE OR COMPLETE, OR (IV) THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NEITHER COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY OTHER TENANTS OF THE BUILDING). NEITHER COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE THROUGH USE OF THE SERVICE. TO THE EXTENT THAT THE SERVICE (INCLUDING ANY THIRD-PARTY SERVICE MADE AVAILABLE THEREIN) CONNECTS YOU TO A THIRD PARTY SERVICE PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING SERVICES HEREUNDER, COMPANY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER, INCLUDING YOUR ACTS OR OMISSIONS UNDER ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY. BECAUSE COMPANY IS NOT INVOLVED IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE PROFESSIONAL SERVICE PROVIDERS, SUBJECT TO APPLICABLE LAW YOU RELEASE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOLLOWING: (I) THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION; (II) THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES; (III) THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF YOUR STATE. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
This Agreement to Arbitrate specifically excludes from its scope any and all disputes between you and Company concerning the terms, enforcement, or other proceeding relating to or arising from any real property lease or license between you and Company, if and to the extent any such real property lease or license exists between you and Company.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- Pre-Arbitration Dispute Resolution. Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Sunset Services Holdings, LLC, 11601 Wilshire Blvd., Suite 900, Los Angeles, CA 90025, Attention: General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability as to Arbitration Provisions. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
- Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, if Company makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services and before you notify Company of a dispute as required by this Agreement, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Company may suspend or terminate your account or use of the Services if you breach these Terms of Service or applicable law. If your account or use of the Services is suspended or terminated, we will provide you with a notice in writing prior or after doing so, at our reasonable discretion. If you disagree with our treatment of the situation, you can write to us to request a review. We may refer any matters which we believe in violation of applicable laws to local authorities.
We may terminate these Terms of Services and the Services at any time, with or without notice.
You agree and acknowledge that we are not liable for any termination or suspension of these Terms of Service or the Service in accordance with these Terms of Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company with respect to the Service. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Los Angeles, California. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be submitted to arbitration pursuant to this Agreement, or filed, within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Company, but Company may assign or transfer these Terms of Service, in whole or in part, without restriction. In addition, Company may subcontract or delegate to other parties (including affiliates) its rights and obligations under these Terms of Service, including the performance of any or all of the Services. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. If any of these Terms of Service are deemed invalid, void, or for any reason unenforceable, that such offending term or condition will be deemed severable and will not affect the validity or enforceability of any remaining terms or conditions set forth in this Agreement.
Notice for California Users
Pursuant to California Civil Code Section 1789.3, users of the Service from California are additionally entitled to be advised of:
- a) the name, address, and telephone number of the provider of service—which in this instance is: Sunset Services Holdings, LLC, 11601 Wilshire Blvd., Suite 900, Los Angeles, CA 90025, Attention: General Counsel, 310.445.5700
b). any charges to the consumer imposed by the provider for the use of the service: we do not charge for use of the Service and any future fee shall be disclosed to you before you agree to incur any such charges; and
(c) The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding use of the service—which we have specified above.
Additionally, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at any time for assistance including without limitation as follows: you may call the Consumer Information Center, 800.952.5210; write to the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; email to [email protected]; or file a complaint online, https://www.dca.ca.gov/consumers/complaints/consumer.shtml.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.