Terms of Service

See the Nibmoji Terms of Service here.

Effective Date: September 30, 2016

Welcome to The Nib, a digital service made available by First Look Productions, Inc. (a “Service”). By accessing any Service (including by automated means), you are entering into a binding agreement with First Look Productions, Inc. (“First Look Productions”). Please read these Terms of Use carefully before using this Service. If you don’t agree to these Terms of Use, you may not use the Service.

Our Services are continually evolving; we may modify these Terms of Use from time to time. By continuing to use this Service after we post a link to the modified Terms of Use on the Service, you agree to be bound by these Terms of Use as modified. Additional terms may apply to your use of particular Services. We will post the additional terms (or a link to the additional terms) on any Services to which they apply and such additional terms are incorporated by reference into these Terms of Use.

GENERAL PROVISIONS

First Look Productions respects your privacy. Please take a moment to review our Privacy Policy, so you understand what information we collect through this Service, how we use it, how we secure it, and when we may share it.

We reserve the right to deny access to this Service to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this service or violates the rights of others. We may change, restrict access to, suspend, or discontinue this Service, or any portion of this Service, at any time.

Please bring to our attention any material on our Service that you believe to be inaccurate. Please forward a copy of the material to corrections@firstlook.org.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyright protected material has been improperly posted on this Service, please notify us by sending an email to copyright@firstlook.org or by sending a notice by U.S. Mail to: Lynn Oberlander, General Counsel, Media Operations First Look Productions, Inc., 114 Fifth Avenue, 18th Floor, New York, NY, 10011. (These addresses are to be used only to notify us that you believe that your copyright-protected material has been improperly posted on this Service. Please direct any other comments or inquiries to the Customer Support address above.) Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed; (2) a description of the location of the allegedly infringing material on this Service; (3) your contact information, including your address, telephone number, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

HOW YOU MAY USE OUR CONTENT

The Nib is made available for your personal, noncommercial use only. Unless otherwise identified on the Service, all content and other material on this Service is the property of First Look Productions or its licensors and is protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms of Use, or as explicitly provided on the Service or through the principle of Fair Use under the U.S. copyright law, you may not reproduce, distribute, display, perform, create derivative works from, or otherwise exploit any of the content or other material on this Service. You may display and occasionally print or store single copies of individual pages of the Service for your personal use, provided that you keep intact all credits and copyright and other proprietary notices, but unless otherwise provided on the Service, you may not otherwise reproduce, store, or distribute copies of any content or other material found on this Service, in any form (including electronic form), or exploit any of the content you find here for any commercial purpose, without prior written permission from the copyright owner.

To request permission to reproduce or distribute our material found on this Service, please contact us at permissions@firstlook.org.

You are free to establish links to our Services so long as those links do not state or imply that we sponsor, endorse, or are affiliated with you or your website or service. However, unless otherwise provided on the Service or without prior written permission, you may not frame or inline link any of the content of our Services, or incorporate into another website or other service any of the content or other material you find on our Services without prior written permission.

REGISTRATION

Our Services are designed to permit you to access our content without registering. However, if you wish to post comments to any of our Services, you’ll need to provide your email address and select a username.

If you’d like to receive our email newsletters, you’ll need to provide us your email address.

  1. SERVICE MARKS

The Nib and FIRST LOOK PRODUCTIONS are service marks of First Look Productions, Inc. The names of other products and services referred to on our Services may be the trademarks or service marks of their respective owners. You may not use any trademark or service mark appearing on our Services without the prior written consent of the owner of the mark.

DISCLAIMERS

Throughout our Services, we provide links to websites and other services maintained by third parties. Our linking to such third-party services does not imply that we endorse such services, or the information, products or services offered on or through those services.

The information, products and services offered on or through this Service are provided “as is,” “as available,” with all faults, and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services or any of their functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Services, or the servers that make the Services available, are free of viruses or other harmful components. Any content downloaded from or otherwise accessed through our Services is accessed at your own risk; you alone will be responsible for any damage to your person or property, including your computer system and any other device you use to access the Services, that results from accessing such content.

If you are dissatisfied with our Services, or any materials, products, or services offered through the Services, your sole and exclusive remedy is to discontinue using the Services.

LIMITATIONS OF LIABILITY; RELEASE

Under no circumstances, including, but not limited to, negligence, will we be liable for any damages arising out of your use of this Service or of any information, content, products, or services made available on or through this Service, including indirect, incidental, special, punitive, exemplary or consequential damages, even if we are advised beforehand of the possibility of such damages. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent permitted by state law.

You hereby release First Look Productions and its affiliates (and their respective directors, officers, employees, agents, representatives, licensors, successors and assigns) from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, that is related to or arises from your use of the Services, including, but not limited to, any interactions with or conduct of other users or third-party websites or services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states that “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

INDEMNIFICATION

You agree to indemnify and hold harmless First Look Productions, our affiliates, and each of our and their respective directors, officers, employees, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of these Terms of Use by you, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of the indemnification obligations.

MISCELLANEOUS

This agreement constitutes the entire agreement between us and you with respect to this subject matter and supersedes all previous and contemporaneous agreements and communications on this subject, whether written or oral. This agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries. You may not assign this agreement to anyone.

This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. By using this Service, you consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving New York County, New York in all disputes arising out of or relating to this agreement or use of this Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Service or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.