1.0 Intellectual Property
Subject to your compliance with the terms and conditions of this Agreement, Edenvale hereby grants You a non-exclusive, non-transferable, revocable, limited right to access, display and use this Site. The materials accessible on this Site, including without limitation, text, images, photographs and the general design of this Site (collectively, “Materials”), are protected by trade dress, copyright, patent, moral rights, trademark and other laws relating to intellectual property and other proprietary rights, and are solely and exclusively owned by Edenvale and its licensors. The Materials may not, except under written license from an authorized representative of Edenvale, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except to the extent that such use is authorized under Canadian and United States copyright and other relevant laws. You hereby acknowledge and agree that, by and between You and Edenvale, Edenvale owns all right, title and interest in and to this Site and the Materials, and all rights in and to this Site and the Materials not expressly granted in this Agreement are reserved to Edenvale and no additional licenses are granted or implied hereunder.
2.0 No Representations and Warranties
THIS SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS-IS” WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THIS SITE AND THE MATERIALS IS AT YOUR OWN RISK. ALTHOUGH Edenvale STRIVES TO KEEP THIS SITE AND THE MATERIALS UP-TO-DATE, THEY MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE INFORMATION. Edenvale ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THIS SITE OR IN THE MATERIALS, AND MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE OR THE MATERIALS SHALL BE TO DISCONTINUE USING THIS SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT Edenvale SHALL NOT BE LIABLE FOR ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS SITE OR THE MATERIALS
3.0 Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND OTHERWISE RELEASE Edenvale, ITS SUBSIDIARIES, AFFILIATES AND RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, OF AND FROM ANY AND ALL CLAIMS (INCLUDING WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF Edenvale IS OR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY), YOUR USE OF (OR INABILITY TO USE) THIS SITE OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT, OR THE VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY.
IN NO EVENT SHALL Edenvale TOTAL AGGREGATE LIABILITY TO YOU RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, THIS SITE, AND/OR THE MATERIALS, EXCEED FIVE CANADIAN DOLLARS (CAN$5.00).
4.0 Required Conduct
Edenvale requires that You hereby agree to follow the following basic rules of conduct when using this Site:
- a. You will follow the terms and conditions of this Agreement and all applicable laws.
- b. You will only provide truthful and accurate information
- c. You will not interfere or interrupt, or attempt to interfere or interrupt, the operation of this Site in any way
- d. You will not impersonate any person or misrepresent a relationship with any person or entity, including without limitation, misrepresenting a relationship with Edenvale
- e. You will not email any content to Edenvale that contains any viruses, cancel bots, Trojan horses, or other harmful code designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
- f. You will not use the Materials for any commercial purpose whatsoever, without the prior written consent of a duly authorized representative of Edenvale
- g. You will not send, submit or otherwise post any work, idea, creative material, concept or other information on or through this Site
- h. You will not search, mine or link any data or information to or through this Site without the prior written consent of a duly authorized representative of Edenvale.
- i. You will not forge header information or otherwise manipulate identifiers in electronic communications to disguise the origin of any such communication sent to this Site.
- j. You will not reverse engineer, decompile or disassemble any of the software used to provide this Site.
- k. You will not obtain, collect, store or modify personal information about other users or visitors to the Site
If You violate any of the guidelines set forth above, or any other aspect of this Agreement, without limitingEdenvale’ other rights and remedies, Edenvale may immediately terminate this Agreement and your limited right to enter, display and use this Site without giving You any notice. Edenvale reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Edenvale may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
5.0 Unsolicited Submissions
Edenvale does not accept unsolicited submissions of any work, idea, creative material, concept, or other information, and Edenvale assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept, or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to Edenvale in violation of the previous sentence and/or Section 4(g) hereof (each, a “Submission”), You hereby grant to Edenvale (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and in any way exploit your Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Submission, of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Edenvale shall not be liable for any exploitation, use, or disclosure of the Submission. You hereby release Edenvale and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with the Submission and/or Edenvale’ use or disclosure of the Submission.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, DEFEND AND HOLD Edenvale,ITS SUBSIDIARIES, AFFILIATES AND RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES AND COSTS AND CLAIMS FOR INTEREST) THAT Edenvale MAY INCUR IN CONNECTION WITH ANY THIRD-PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE MATERIALS, YOUR VIOLATION OF THIS AGREEMENT, OR THE VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY.
8.0 Links to Other Sites
Edenvale may provide links from or to other web sites maintained by third-parties.Edenvale has not reviewed or endorsed these linked web sites, and You hereby acknowledge and agree that Edenvale shall not be responsible for the content, products, or services offered on such web sites. To the extent applicable, You are responsible for compliance with all applicable laws regarding content, products, or services obtained from this Site or any linked web sites.
9.0 Passwords and Security
You may choose or be given a user name and password to use in connection with this Site. You will never give your user name or password to anyone, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, You are solely responsible for any and all activities that occur under your account, and hereby authorize Edenvale to assume that any activity conducted on this Site using your user name and password was conducted by You. You shall immediately notify Edenvale in writing of any unauthorized use of any account or any other breach of security. Edenvale reserves the right to monitor your account and shall have the right at any time, with or without prior notice to You, to require You to change your user name or password for any or no reason.
10.0 Forward-Looking Statements
Certain statements and information on this Site contain certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include without limitation, Edenvale’ plans, prospects and strategies as well as Edenvale’ beliefs and expectations concerning performance of its current and future film releases (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate,” and variations of such words and similar expressions). These statements are based on current expectations, estimates, forecasts and projections about the industry, in which Edenvale operates, and beliefs and assumptions made by Edenvale’ management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements contained on this Site due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties affecting the operation of Edenvale’ business. These risks and uncertainties include without limitation: audience acceptance of Edenvale’ interactive multimedia entertainment, Edenvale’ dependence on the success of a limited number of releases each year, the increasing cost of producing and marketing feature films, piracy of motion pictures, the effect of rapid technological change or alternative forms of entertainment, and Edenvale’ need to protect its proprietary technology and enhance or develop new technology. In addition, due to the uncertainties involved in the development and production of interactive multimedia entertainment, the release dates for the products described on this Site may be delayed. Edenvale is under no obligation to, and expressly disclaims any obligation to, update or alter its forward-looking statements, whether as a result of new information, future events, changes in assumptions, or otherwise.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Edenvale ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Edenvale.
11.0 Equal Employment Opportunity Commission Statement
Edenvale provides equal opportunity to all employees and applicants without regard to race, color, religion, age, ancestry, gender, sexual orientation, national origin, physical or mental disability, veteran status, marital status, or any other characteristic protected by applicable law.
12.0 No Employment Guarantee
By permitting You to use this Site or email information to Edenvale, Edenvale makes no guarantee or promise that You will be granted an interview, achieve job placement, that any employment or position is available, or that You will be placed in a job of your preference.
13.0 Portfolio/Reel Submissions Specifically Requested byEdenvale
Edenvale may specifically request that You submit your portfolio, reel, or other work (each, a “Portfolio”) for consideration of employment. In the event that You submit your Portfolio, You hereby acknowledge and agree that You will not receive any compensation for submitting your Portfolio; that You are submitting the Portfolio voluntarily (and not in confidence or trust); that no confidential or fiduciary relationship is intended or created by reason of the submission of the Portfolio or otherwise; and that the Portfolio (and any individual element in the Portfolio) may be identical with or similar to material that is or may be in development at DreamWorks. We hope that You understand that the purpose of this policy and these terms is to avoid the possibility of future misunderstandings or disputes when projects developed independently by DreamWorks might appear to be similar to others’ creative works.
Nothing herein, or the submission of the Portfolio, shall place Edenvale in any different position from any other member of the public with respect to the Portfolio. Accordingly, any part of the Portfolio that could be freely used by a member of the public may be used by Edenvale without liability to You or any third-party claiming rights from or through You. You hereby acknowledge and agree that Edenvale’ use of material similar to or identical with the Portfolio, or containing features or elements similar to or identical with those contained in the Portfolio, shall not obligate Edenvale to negotiate with You, nor entitle You to any compensation or other entitlement, if Edenvale determines, in its sole and absolute discretion, that Edenvale has an independent legal right to use such other material (for example, because such features or elements were not new or novel, were not originated by You, or were or may hereafter be independently created by or submitted to Edenvale).
Without limiting the foregoing, You hereby release Edenvale and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, to the maximum extent allowable by law, of and from any and all claims, losses, damages, costs, demands, liabilities, fees, penalties and other expenses of every kind whatsoever, known or unknown, that may exist or arise in relation to or in connection with the Portfolio by reason of any claim now or hereafter made by or through You or on your behalf (even though You realize that such might be based on facts or circumstances not now known or suspected by You to exist, which if known or suspected, would have materially affected Edenvale decision to read or consider the Portfolio).
Edenvale has no obligation to read or consider the Portfolio or to return the Portfolio to You. You assume full responsibility for any loss of the Portfolio for any reason while in Edenvale’ possession or otherwise.
14.0 Modification of Site
Edenvale reserves the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice to You.
15.0 Governing Law
The laws of the Province of Ontario, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of this Site or the Materials. You and Edenvale hereby expressly and irrevocably consent to the exclusive personal jurisdiction and venue of Simcoe County, Ontario for any claim arising out of, related to, or in connection with this Agreement, this Site or the Materials.
This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, Edenvale shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable.
17.0 No Injunctive Relief
You hereby irrevocably waive any right to seek and/or obtain rescission, equitable and/or injunctive relief related to Edenvale’ or any of its subsidiaries’, affiliates’, or related entities’ production, distribution, license and/or exploitation of any of their interactive multimedia applications, video games, motion pictures, television shows, commercials and/or other content; and your exclusive remedy in connection therewith shall be an action for damages.
18.0 Independent Contractors
You and Edenvale are independent contractors and are not and shall not be deemed to be the legal representative or agent of the other for any purpose whatsoever, and neither You nor Edenvale is authorized by the other to transact business, incur obligations (either express or implied), bill goods, or otherwise act in any manner, in the name or on behalf of the other, or to make any representation, warranty, guarantee or other promise in the name or on behalf of the other, except as expressly permitted in this Agreement.
19.0 Entire Agreement
This Agreement constitutes the entire agreement by and between You and Edenvale pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of You and Edenvale. This Agreement may not be amended, nor any obligation waived. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof.
This Agreement can be terminated at any time by Edenvale for any or no reason whatsoever with or without prior notice to You. In the event that Edenvale terminates this Agreement, your limited right to enter, display and use this Site and the Materials shall immediately terminate.