Welcome to Empire Entertainment. We make movies happen!
Please read these Terms of Use (“Terms”, “Terms of Use”, or “Agreement”) carefully before using this site, as they affect your legal rights and obligations, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than courts, jury trials, or class actions, and limits the remedies available in the event of a dispute.
This “Site” is owned and operated by Empire Entertainment, a division of Arena Holdings (“EE” “we” or “us”). By accessing and using this Site, you agree to abide by the Terms of Use. If you do not agree with any of the terms set forth herein, please do not access or use the Platform.
We reserve the right, in our sole discretion, to modify, alter or otherwise change the Terms of Use at any time. You agree that we may notify you of modified terms or policies by posting them on the Site and agree that your continued use of the Site after such notice constitutes your agreement to the modified Terms of Use, which will govern your ongoing use of the Site. Thus, you should review the posted Terms of Use each time you use the Site. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.
These Terms constitute an agreement between you and Empire Entertainment concerning your use of our online and mobile websites and any other digital platform where these Terms of Use are posted (“Sites”) as well as any interactive features or downloads that are made available through our Sites (“Features”) and content available on our Sites. All content are collectively referred to in these Terms of Use as the “Platform”.
- About http://www.empire-ent.africa/: This Site is a public platform information site to view certain creative, publicity and other marketing materials relating to motion pictures for which EE owns and/or controls distribution rights (“Materials”). Users have the non-exclusive right to view Materials solely in relation to the motion picture to which the Materials directly relate (“Motion Picture”) and subject to the restrictions on use set forth in these Terms of Use in connection with the Motion Picture’s theatrical and subsequent platform releases in the territory or territories for which EE has granted the User access to the Site and Materials (“Territory”).
- User of Materials: The Materials and other information made available on the Site may be used by you only for the purposes set forth in these Terms of Use. You agree to comply with the Terms of Use and all policies, restrictions and procedures posted by EE on the Site from time to time regarding the use, publication, posting and/or dissemination of such Materials and Information (as defined below). You acknowledge our collection and use of your information as described in the Privacy Policy applicable to the Site. Unless agreed otherwise in writing in advance by EE, you must observe (and ensure that everyone within your organization who has access to the Materials is aware of and observes) (a) any specific requirements set out on the Site in relation to any particular Materials; and (b) the following:
– Materials may only be viewed in connection with the information of the Motion Picture in association with the Motion Picture’s theatrical and platform releases in the Territory,
– Any use of the Materials must include all logos, symbols, credits, artwork, copyright notices and/or other wording requested by EE and/or included with the Materials on the Site.
– Materials are not to be sold, loaned, transferred or syndicated to any third party without EE’s prior written approval.
– Except for the customary re-sizing of still images and the editing of moving footage for length, you must maintain the original integrity of the Materials provided to you and use as is. The Materials may not be altered, resequenced, reordered, decompiled, edited or modified in any way (including, without limitation, by altering any encryption, or any burnt-in/embedded warnings or watermarks, whether visible or invisible, and however located, encoded or displayed). You must first obtain written permission and approval from EE for any changes to the Materials.
– The Materials, or any elements thereof, may not be used to create new works of any kind or nature, including, without limitation, those which are derivative of the Materials, unless you have received EE’s prior written authorization.
– The Materials shall not be used for any purposes other than permitted under these Terms of Use, including, without limitation, any way which: (i) parodies, ridicules or satirizes either the Motion Picture or any material on which the Motion Picture is based or the creators of the Motion Picture or such material; (ii) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing or threatening; (iii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information from them or otherwise; (iv) infringes any intellectual property or other right of any person or entity; (v) violates or may be considered to violate any laws; (vi) advocates illegal activity; (vii) is used in any advertisements other than authorized promotional, marketing and publicity conducted in association with the theatrical and home entertainment release of the Motion Picture; (viii) is used in connection with any advertisement, competition, contest, lottery, prize draw, quiz, trivia game, promotion, event, organization (including that organization’s logo), product, services; (ix) is used in any publication, special editions, website or microsite that is primarily and/or substantially devoted to or themed around the Motion Picture to which the Materials relate; and (x) is used as part of in combination with any other work (e.g., “mash up”).
– Any use of such Materials to create packaging is strictly prohibited, unless separately agreed between you and EE in writing.
– All rights not expressly granted to you are reserved exclusively to EE and/or its affiliates and licensors and you agree not to use any Materials in any way not authorized. You further acknowledge and agree that EE owns and retains all right, title and interest in each and every copy of the Materials made by you or on your behalf.
- Contact Information: Should you require EE’s assistance, such as instructions on how to use the Site or with any questions about whether your proposed use of the Materials is permitted under these Terms of Use, please contact EE at: publicity@empire-ent.africa or info@empire-ent.africa
- Access to the Site: EE shall have the right, in its sole discretion, to refuse or restrict anyone from access to any or all areas of the Site at any time for any reason, without notice, whether or not such access has been granted at any time for previous Motion Pictures or the same Motion Picture.
EE shall also have the right, in its sole discretion, to grant you access to the Site but restrict or limit without notice the Materials you may access and/or have the ability to download or otherwise utilize from the Site, whether or not such access has been granted at any time for other Motion Pictures or previously for the same Motion Picture or Materials.
- Hypertext Links: You may not provide a hypertext link from your site to this Site without our permission. To request such permission, contact us and provide your name, address and telephone number, and a description of your site and the reason why you would like to establish a link to this Site.
- Security and Hacking: You shall not violate or attempt to violate or authorize anyone else to violate or attempt to violate the security of the Site or to disrupt or interrupt the operation or interactivity of the Site. Violations of the foregoing may result in civil or criminal liability. You are solely responsible for the security of your communications to and through the Site.
- Intellectual Property Rights and Restrictions: The Site and all materials on the Site (including but not limited to, the Materials, Software, and other information, such as text, images, graphics, icons, illustrations, photographs, designs, logos, audio clips, and video clips) (“Information”) are subject to copyright, trademark, service mark and/or other intellectual property rights and are protected by U.S. and international patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights (collectively, “Intellectual Property Rights”), and all such Intellectual Property Rights are owned and controlled by EE, its parent and/or affiliated companies, or by other parties that have licensed their material to EE, its parent and/or affiliated companies. Use of the Intellectual Property on this Site for any purpose other than as permitted under these Terms of Use constitutes a violation of the applicable Intellectual Property Rights and is prohibited. Materials may not otherwise be modified, copied, reproduced, published, republished, uploaded, posted, transmitted, retransmitted, distributed, sold or publicly exhibited, in whole or in part, in any manner. The compilation of all content on this Site is the exclusive property of EE and is protected by U.S. and international copyright laws. Also, to the extent permitted by applicable laws, decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based in whole or in part on such software, is prohibited. You acknowledge and agree that you do not acquire any ownership rights by virtue of accessing and/or downloading any content or material from the Site and that all rights not expressly granted hereunder are expressly reserved to EE.
- Submissions, Postings and Email Communications: EE respects the privacy concerns of the users of the Site. However, to optimize web pages for each user’s computer and to provide an enhanced online experience, certain non-personal information concerning the visitors of the Site is recorded through the standard operation of EE’s Internet servers. (Information tracked includes, without limitation, the type of browser being used by the visitor, the type of operating system being used by the visitor, and the domain name of the visitor’s Internet service provider). In addition, E-mail addresses and other personally identifiable data about you and/or your organization are known to EE only when voluntarily submitted as part of the Account Information and Registration Information.
- Subject to the terms of EE’s Privacy Policy, personally identifiable information that may be collected in connection with your access and use of the Site shall be retained by EE but shall not be sold or otherwise transferred outside of the EE Entertainment Group except as may be described in EE’s Privacy Policy.
Our primary goals in collecting Personal Data are to provide and improve our Platform, conduct our Operations, communicate with people and enable visitors to our Platform to easily navigate and enjoy them.
When we refer to “Personal Data” in this Policy, we mean information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a specific person. This might be information that directly identifies someone, such as their name, or it may be information that identifies someone only when combined with other information available to us, such as a person’s activity on our Platform when associated with their username. Please note, except as provided under applicable laws, Personal Data does not include information that is publicly available through government records or information that has been de-identified or aggregated in a way that it cannot be used to identify a specific individual.
- You hereby represent and warrant that: i) you hold all the necessary rights, licenses, consents and permissions required to make any and all Submissions that you submit; ii) any and all Submissions that you submit do not violate, breach or infringe any laws, regulations or codes or otherwise infringe anyone’s legal rights (including, but not limited to, those of confidentiality, defamation, libel, personality, publicity, privacy and intellectual property).
- Disclaimers and Limitation of Liability YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE INABILITY TO USE THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF EE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification: You agree to indemnify, defend and hold harmless EE and its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct).
- Arbitration Agreement and Class Action Waiver: Except where prohibited by law, you and EE agree that any claim, dispute, or controversy between you and EE arising out of or relating in any way to the Terms of Use or your use of the Platform shall be resolved exclusively and finally by binding arbitration. You agree that arbitration will occur on an individual basis and that class arbitrations and class actions are not permitted.
- Governing Law and Jurisdiction: These Terms of Use and your use of the Platform are governed by the laws of the Republic of South Africa without regard to its conflict of laws principles. Subject to the arbitration agreement above, you agree to submit to the personal jurisdiction of the courts located in Johannesburg, South Africa, for the purpose of litigating all such claims or disputes.
- Termination: EE may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. EE may restrict, suspend or terminate your access to the Platform if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
- Entire Agreement: These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and EE with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and EE with respect to such subject matter.