Terms and Conditions
Welcome to the general website for Wishing Well Pictures. Wishing Well Pictures, Inc. (“we”, “our” or “us”) operates the website at the domain names www.wishingwellpictures.com (“Our Site”). The services offered by us include offering information and videos about our various films on Our Site and any of our successor websites as well as on our dedicated pages that may be hosted through third party websites, including social media sites such as Facebook and Twitter (“Third Party Sites”) (Our Site and the Third Party Sites shall hereinafter be collectively referred to as the “Websites”) and all other features, content, contests, or applications offered from time to time by us in connection with the Websites (collectively, the “Services”). The Services and Our Site are hosted in the United States.
Additionally, in order to participate in certain Services, such as contests or promotions occurring through Third Party Sites, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference, including the terms and conditions of Third Party Sites.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Websites. You will be deemed to have agreed to any such modifications by your further use of the Websites or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please leave the Websites and discontinue use of the Services immediately.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Websites or Services at any time (including refusing to post or removing anything posted by you), for any or no reason, with or without prior notice, and without liability, including in the event we stop offering the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Websites or Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
I. ONLINE CONDUCT
You, as a user, agree to use the Websites only for lawful purposes. You are prohibited from posting on or transmitting through Our Site or any Third Party Site (including in connection with any contests or promotions), any content, including any videos, graphics, music, sounds, performances, photographs, comments, information, data, software, graphs, typefaces, and other material of any kind, (collectively “Content”), or taking any other action of any kind, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to posting any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or other applicable law.
Any conduct by you in violation of the foregoing prohibitions may result in the denial of your access to the Websites or Services. If we are notified of any Content or other materials posted by you that violate the prohibitions herein, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Websites. In addition to any other rights described herein, we reserve at all times, the right to restrict your access to the Websites, remove any Content from the Websites, and/or prohibit any conduct or communication that we deem in our sole discretion to violate this Agreement or any applicable law or third party right or that may be harmful to us, to individual users, to the Websites, to the communities that use the Websites, or to any rights of Wishing Well Pictures, Inc., or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable Content after online posting. Accordingly, we shall assume no liability for any action or inaction with respect to conduct, communication, or Content on the Websites.
A. Proprietary Rights
With the exception of Content which may be posted by other users of the Websites (“User Submissions”) and Content owned by Third Party Websites, all materials contained on the Websites, including all aspects of the Services and the software, graphics, text and look and feel of Our Site, and all trademarks, copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Wishing Well Pictures, Inc., our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Websites, in whole or in part.
B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through Our Site or any Third Party Sites (e.g., through uploaded content, an author chat or user forum, online review or comment posted on the Websites, or any contest submissions) any Content that infringes upon a third party’s intellectual property rights (including copyrights or trademark rights) or is defamatory, damaging, illegal, or offensive.
It is our policy to terminate the continued access to Our Site of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should display a phrase such as “Copyright, [name of owner] [date]; used with permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
By submitting Content (“Your Content”) to any user-submission areas of the Websites, including, without limitation, uploading any materials or participation in any contests, promotions, chats or forums or posting Content in any comments section of the Websites, you automatically grant us, or warrant that the owner of such Content has expressly granted us, the royalty-free, irrevocable, sub-licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content, in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in Your Content. You also hereby grant each user of the Websites a non-exclusive license to access Your Content through the Websites, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Websites and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Websites (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Subject to these grants, you retain any and all rights which may exist in Your Content.
Notwithstanding any of the foregoing, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials intended for motion pictures or other entertainment productions other than those that we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. You agree that none of Your Content shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of Your Content. Anything you transmit or post may be used by Wishing Well Pictures or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We may disclose any of Your Content or electronic communication of any kind for any reason, including without limitation: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Websites; (iii) to protect the rights or property of Wishing Well Pictures, Inc. and our officers, directors, employees and agents; or (iv) to protect the Third Party Sites or Wishing Well Pictures Providers (as defined below) or any user.
C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Websites and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Websites will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
D. Third-Party Content & User Submissions
You acknowledge that Wishing Well Pictures, Inc. is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the Content posted by such third parties (including User Submissions) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including User Submissions, are those of the respective authors or distributors and not of Wishing Well Pictures, Inc. or its affiliates or any of their officers, directors, employees, or agents.
While we retain the right to filter or reject User Submissions and other Content posted by third parties, we review User Submissions and other third party Content in a limited gate-keeper fashion and have no obligation to investigate whether any Content or other User Submissions violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Submissions or any other Content posted to the Websites by anyone other than Wishing Well Pictures, Inc..
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Websites retain ownership of their User Submissions. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Submissions in whole or in part.
E. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Websites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
IV. NON-COMMERCIAL USE
The Websites are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Websites or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites, is prohibited.
V. AGE OF USERS
We do not intend the Websites to be used by minors under the age of 13 and specifically prohibit the use of the Websites by persons under the age of 13. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before making use of the Services. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.
VI. ELECTRONIC COMMUNICATIONS
When you visit the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Websites may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any linked to third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
VIII. THIRD-PARTY MERCHANTS / PROVIDERS / SITES
The Websites may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such third party businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information.
IX. DISCLAIMERS AND LIMITATION OF LIABILITY
OUR SITE IS PROVIDED BY US, AND OUR WEB HOST, AND THE THIRD PARTY SITES ARE PROVIDED BY THE APPLICABLE THIRD PARTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, ADVERTISERS, SPONSORS, SERVICE PROVIDERS OR LICENSORS (EACH A “Wishing Well Pictures PROVIDER”) MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE WEBSITES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES; OR (IV) THAT THE WEBSITES, THEIR SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF Wishing Well Pictures, Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY Wishing Well Pictures PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Wishing Well Pictures, Inc.’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.
NEITHER WE NOR ANY Wishing Well Pictures PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITES OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH Wishing Well Pictures PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Wishing Well Pictures, Inc. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Wishing Well Pictures, Inc., IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
X. INTERNATIONAL USE
The Websites are intended solely for users within the United States of America. Accessing materials on the Websites by persons in certain countries other than the U.S. may not be lawful, and we make no representation that materials on the Websites are appropriate or available for use in locations outside the United States. If you choose to access the Websites from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable laws.
XI. APPLICABLE LAW; JURISDICTION
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Connecticut and of the United States of America located in the State of Connecticut for any litigation arising out of or relating to use of or purchase made through the Websites (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Connecticut Courts and agree not to plead or claim in any Connecticut Court that such litigation brought therein has been brought in an inconvenient forum.
XII. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with Connecticut law. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable)of Connecticut or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold us, the Wishing Well Pictures Providers, Third Party Sites, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Websites or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Websites or through the Services causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.