1. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
2. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. Canal St Distribution, LLC. MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
3. Your Use of the site:
Canal St Distribution, LLC. grants you permission to use the Site as follows:
4. Your Use of the Submission Portions of this Site:
This Site has several functions including sections for users to submit personal pictures via email and feedback from, or commentary about their visit to michelgondry.com ("Submissions").
All Submissions become our physical property and will not be returned.
For all submissions, you grant Canal St Distribution, LLC. an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the Submissions and any person's property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. We reserve all rights including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, and stream the Submission in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to Canal St Distribution, LLC. and any promotions sponsored by us.
You waive any claim of alteration, optical illusion or faulty mechanical or electronic reproduction of any Submission, including without limitation, any claim due to any variation of the color, tone, clarity, cropping, or other appearance of any Submission.
You understand and agree that no confidential or fiduciary relationship is established between you and Canal St Distribution, LLC. by providing any Submission.
5. Privacy. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Canal St Distribution, LLC. in accordance with the Site's Privacy Policy Any other communication or material you transmit to the Site, such as questions, comments, suggestions, Submissions, postings to the message boards or the like, will be treated as non-confidential and nonproprietary and will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site.
6. Copyrights and Other Proprietary Rights: All the content on this Site is copyrighted unless otherwise noted. All the copyrighted content is either owned by Canal St Distribution, LLC. or Canal St Distribution, LLC. has permission to use the content from its owners. Content includes but is not limited to text, images, audio or video. The content on this Site may not be used by you in any manner, or for any purpose, without the express written permission and/or the consent of Canal St Distribution, LLC. or any third party Canal St Distribution, LLC. deems necessary, except as provided for herein. Any unauthorized use by you of the content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
6b. Sketch / Portrait orders. By placing your Sketch / Portrait order, you hereby acknowledge and agree that Michel Gondry is the sole and exclusive author and copyright owner of the Sketch / Portrait for all purposes throughout the universe without limitation of any kind, including the right, in Michel Gondry’s sole discretion, to make any such changes therein. Michel Gondry shall have the exclusive right to distribute and otherwise market and exploit the Sketch / Portrait and all components thereof, in and by any means, media, devices, processes and technology, whether now or hereafter known or created. You further acknowledge that the Sketch / Portrait is for your personal use only and you shall not have the right to sell the sketch for any commercial purpose whatsoever.
7. Trademarks. By entering this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or licensed by Canal St Distribution, LLC. and may not be used by you without prior written approval. Canal St Distribution, LLC. will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of Canal St Distribution, LLC. or used on this Site with permission. Nothing contained on this Site should be construed as granting by implication, estoppels, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
8. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys, and Similar Promotions: Any challenges, sweepstakes, contests, raffles, or similar promotions made available through the Site will be governed by specific rules that are separate from these Terms and Conditions. By participating in any such sweepstakes, contest, raffle, survey, or promotion, you will become subject to those rules, which may vary from the Terms and Conditions set forth herein. Canal St Distribution, LLC. urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which in addition to these Terms and Conditions governs any information you submit in connection with such activities.
9. Limitation of Liability: By entering this Site, you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this Site or through your downloading of any materials, data, text, images, video, or audio from this Site, even if we have been advised of the possibility of such damages. Without limiting the foregoing, we assume no responsibility, and will not be liable for any damages relating to or caused by any viruses, bugs, or human action or inaction of any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections on account of your access to or use of the Site. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Site.
10. Release of Liability: You agree to release, discharge, indemnify, and hold harmless Canal St Distribution, LLC. from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person from your participation in any of the activities on the Site such as the Contests, and/or Submissions or otherwise accessing this Site, including without limitation, your breach of these Terms and Conditions or the use by us or our designees of any rights granted by you.
11. Warranties: Although the specifications, features, illustrations, equipment and other information contained in this Site are based upon up-to-date information, and while Canal St Distribution, LLC. makes all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed, and Canal St Distribution, LLC. makes no warranties or representations as to its accuracy. All content information and materials contained in this Site are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE ASSUME NO LIABLITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. 12. Filtering: Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site; http://www.netparents.org/oarentships/browsers.html
13. Links to Third Party Sites: Although this Site may be linked to other sites, Canal St Distribution, LLC. is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site, you acknowledge and agree that Canal St Distribution, LLC. has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site parties or other sites is at your own risk.
14. Revision of Terms: Canal St Distribution, LLC. reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms and Conditions.
15. Revision to the Site: We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site's availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some and all users of the Site. You agree that Canal St Distribution, LLC. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any service, content, Submission, feature, or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
16. Termination: You agree that Canal St Distribution, LLC., in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if Canal St Distribution, LLC. believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use some portions, if not all, of the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Canal St Distribution, LLC. may immediately deactivate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Canal St Distribution, LLC. will not be liable to you or any third party for any termination of your access to the Site or to any such information or files or will not be required to make such information and files available to you after any such termination.
17. Disputes: You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Site (including without limitation, any alleged violation of these Terms and Conditions, any controversy relating to the arbitrability of any dispute, or any claim that these Terms and Conditions (or any part thereof) are invalid, illegal, or otherwise void able (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your participation in this Site or otherwise accessing this Site, but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against the party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunction, or other equitable relief or to enjoin or restrain the operation of this Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site or any content or other material used or displayed on this Site. All issues and questions concerning, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with this Site, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.
18. Indemnity: You agree to defend, indemnify, and hold harmless Canal St Distribution, LLC. from and against all claims, losses, costs, and expenses (including without limitation attorneys fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms and Conditions by you or through your account; (c) any allegation that any Submission or posting that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party; (d) any claim that one of your Submissions or postings caused damage to a third party; or (e) any claim that content you downloaded from this Site caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
19. Information or Complaints: Under California Civil Code 1789.3, California users are entitled to the following rights notice: If you have a question or complaint regarding this Site, please send an e-mail to Contact@MichelGondry.com You may also contact us in writing at 9100 Wilshire Blvd #1000W Beverly Hills, CA 90212
20. Void Where Prohibited: Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
21. General: Any failure by Canal St Distribution, LLC. to enforce any of its rights under these Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of these Terms and Conditions is found to be invalid, you and Canal St Distribution, LLC. shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms shall retain their full force and effect.
22. Effective Date: 02/03/2009