Website Terms and Conditions
These Terms and Conditions are effective as of April 20th, 2016.
Our site features a "trailer" or "teaser" for the Pop Evil virtual reality video, the full version of which will be available for download via our mobile application only at the Google Play and iTunes stores.
Pop Evil Merchandise
Our site also offers you the ability to pre-order a merchandise bundle featuring Pop Evil related merchandise by providing a link to Indie Merchandising, LLC's ("IndieMerch") online merchandise store located at: http://www.indiemerchstore.com. The merchandise bundle will consist of a Pop Evil t-shirt, autographed CD, and a virtual reality cardboard headset to view the virtual reality video. The merchandise bundle as described herein may be modified by Entertainment One at its sole discretion, and any such modifications shall be as indicated on IndieMerch's online merchandise store accessible via the link above. Upon the launch of our full website, users will be able to continue purchasing the merchandise bundle at http://www.indiemerchstore.com.
No Purchase Necessary
Please note you do not need to purchase the Pop Evil merchandise bundle to use the link appearing on this Site to access ITUNES or Google Play to download Pop Evil's virtual reality video.
Use of Site Restricted to United States and Legal Residents of Canada Only (Excluding Quebec)
THE SITE IS ONLY INTENDED FOR USE BY RESIDENTS OF THE UNITED STATES OF AMERICA (THE "U.S.") AND LEGAL RESIDENTS OF CANADA, EXCEPT FOR RESIDENTS OF QUEBEC. IF YOU ARE NOT A U.S. RESIDENT OR LEGAL RESIDENT OF CANADA, OR IF YOU ARE A LEGAL CANADIAN RESIDENT OF QUEBEC, YOU MAY NOT ACCESS THIS SITE. BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE A RESIDENT OF THE U.S. OR A LEGAL RESIDENT OF CANADA, AND NOT A RESIDENT OF QUEBEC.
Use Prohibited by Users Under 18, or in Canada (Excluding Quebec), those Under the Age of Majority in His or Her Province/Territory of Residence
THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD, OR IF YOU ARE A LEGAL RESIDENT OF CANADA (EXCLUDING QUEBEC), USERS THAT ARE THE AGE OF MAJORITY IN THEIR PROVINCE/TERRITORY OF RESIDENCE, IF THAT AGE IS HIGHER THAN 18 YEARS OLD.
THIS SITE MAY CONTAIN AUDIO/VISUAL AND OTHER MATERIALS THAT HAVE STRONG LANGUAGE AND LYRICS. THEREFORE, SUCH MATERIALS ON THE SITE SHOULD ONLY BE VIEWED AND LISTENED TO BY ADULTS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD, OR BY THOSE WHO HAVE REACHED THE AGE OF MAJORITY AS SET BY THEIR PROVINCE/TERRITORY OF RESIDENCE, IF THAT AGE IS HIGHER THAN EIGHTEEN (18) YEARS OLD. GIVEN THE NATURE OF THESE MATERIALS, THEY MAY BE OFFENSIVE TO YOU AND TO OTHERS, AND THEREFORE, IF YOU DECIDE TO VIEW AND/OR LISTEN TO THESE MATERIALS, YOU DO SO AT YOUR OWN RISK AND DISCRETION. YOU MAY ALSO UTILIZE THE ASSISTANCE OF PARENTAL CONTROL PROTECTIONS THAT ARE COMMERCIALLY AVAILABLE TO YOU IN LIMITING ACCESS TO SUCH MATERIALS WHICH MAY BE CONSIDERED HARMFUL TO MINORS.
BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, AND IF YOU ARE A LEGAL RESIDENT OF CANADA (EXCLUDING QUEBEC), THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE/TERRITORY OF RESIDENCE, IF THAT AGE IS HIGHER THAN 18 YEARS OLD.
Use of the Site
You agree that you shall not impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, disabling code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Site.
Ownership of Site Content
Ownership, and all right, title and interest, including all related intellectual property rights in and to the Site or any part thereof, and in and to any content on the Site, including without limitation, written materials, audio/visual materials, videos, music, lyrics, choreography or photographs (collectively, the "Site Content"), belong exclusively to Entertainment One, the band Pop Evil or other third parties.
Entertainment One's name, logos, and the names associated with the Site Content are trademarks of Entertainment One, the band Pop Evil or third parties, and all proprietary rights, including without limitation, patent, copyright, trade secret and trademark rights in and to any Site Content, and in and to any modifications, enhancements and derivatives made to or deriving from the Site Content are owned by Entertainment One, the band Pop Evil or other third parties. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with, and/or obtaining express written permission from, Entertainment One and/or the respective owners of the Site Content. Any use of any Site Content may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.
Any opinion, view or idea contained in any written materials, audio/visual materials, videos and photographs or other material published on the Site is the author's own and does not reflect or represent the views of Entertainment One or any of its parents, employees, affiliates, subsidiaries, licensors, successors, assigns, partners, licensees and agents and each of their respective officers, directors, employees, representatives, licensees and agents (collectively, the "Released Parties"). Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise, or the language, conduct or acts of any party appearing in any audio/visual materials, videos, photographs or other material published on the Site does not constitute or imply any endorsement or recommendation by Entertainment One, or by any of the Released Parties.
Links from this Site
Linking to this Site
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
Merchandise Bundle Purchase
All payments and purchases for or in connection with the Pop Evil merchandise bundle, including any pre-orders, shall be made solely on IndieMerch's website located at: http://www.indiemerchstore.com.
ALL PURCHASES ARE RESTRICTED TO UNITED STATES AND LEGAL RESIDENTS OF CANADA ONLY, EXCLUDING RESIDENTS OF QUEBEC. IF YOU ARE NOT A U.S. RESIDENT OR LEGAL RESIDENT OF CANADA, OR IF YOU ARE A LEGAL CANADIAN RESIDENT OF QUEBEC, YOU MAY NOT PURCHASE THE MERCHANDISE BUNDLE.
Once you click on the "purchase bundle" option on the Site for orders (including pre-orders and regular orders) you will be directed to IndieMerch's website located at: http://www.indiemerchstore.com. The merchandise bundle you purchase from IndieMerch's website shall be subject exclusively to all of IndieMerch's applicable policies, including without limitation, any policies concerning the processing, shipping, payment and/or warranties of or for your merchandise bundle, as well as any returns.
All transactions for any purchases are between you and IndieMerch. IndieMerch, and not Entertainment One, is responsible for all processing, shipping, payment processing, warranties and returns. All inquiries regarding product purchases, shipping, returns, and the like should be directed to IndieMerch. Please review IndieMerch's policies at http://www.indiemerchstore.com in this regard on IndieMerch's website before finalizing your purchase.
Entertainment One is not responsible for and does not endorse or make any representations whatsoever regarding the information and/or materials provided on IndieMerch's web site, and has no responsibility for the use, processing and privacy of your payment information or of any information you provide to IndieMerch by IndieMerch.
You agree that you will be responsible for all payments and applicable taxes associated with your purchases made through IndieMerch, and you will indemnify and hold Entertainment One and the Released Parties harmless from any claims arising from or relating to your failure to pay IndieMerch.
Entertainment One is not responsible for any transaction that cannot be completed for any reason on the IndieMerch website, including without limitation, any errors or delays in connection with a merchandise bundle purchase or return made by you on the IndieMerch website, incorrect information regarding your personally-identifiable information or otherwise, or other technical problems that you may encounter on the IndieMerch website.
Disclaimers and Limitation of Liability
THE SITE AND THE SITE CONTENT ARE PROVIDED "as is". ENTERTAINMENT ONE AND THE RELEASED PARTIES make no representations or warranties as to the accuracy, completeness or timeliness of the SITE and the site CONTENT or the results to be obtained from using the site and the site content. ENTERTAINMENT ONE AND THE RELEASED PARTIES shall Have no liability with respect to any user's use of the SITE and the Site CONTENT or any inaccuracies, errors or omissions on the SITE or the site content. ENTERTAINMENT ONE AND THE RELEASED PARTIES DO NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT ALLOWED BY LAW, ENTERTAINMENT ONE AND THE RELEASED PARTIES HEREBY DISCLAIM ALL WARRANTIES with respect to the site and the site content, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In no event shall ENTERTAINMENT ONE OR ANY OF THE RELEASED PARTIES be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of profits, DAta, Content, reputation OR GOODWILL), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with thE site or the site content or any SITES OR ANY content accessed by use of THE site. IN THE EVENT THAT ENTERTAINMENT ONE AND/OR ANY OF THE RELEASED PARTIES are DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO thE site or the site content or any SITES OR ANY content accessed by use of THE site, IN NO EVENT SHALL ENTERTAINMENT ONE'S AND THE RELEASED PARTIES' AGGREGATE LIABILITY TO ANY USER EXCEED TEn U.S. DollarS ($10.00).
To the extent that the site contains content provided by third parties, such information is provided for informational purposes only and ENTERTAINMENT ONE AND THE RELEASED PARTIES do not investigate the legitimacy, validity, accuracy and legality of such information and expressly disclaim any responsibility or liability arising out of or related to any third party content.
BECAUSE SOME STATES AND/OR CANADIAN PROVINCES/TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR PROVINCES/TERRITORIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.
As a condition of use of the Site and Site Content, you agree to indemnify and hold harmless Entertainment One and the Released Parties against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site and/or the Site Content, the services offered and provided by Entertainment One on the Site, and any breach by you of these Terms and Conditions.
Governing Law; Venue; Waiver of Jury Trial (not applicable in all jurisdictions)
Changes to our Terms and Conditions
We may update our Terms and Conditions from time to time. If we make changes, we will post the new Terms and Conditions after we make the change.
The date the Terms and Conditions was last revised is identified at the top of the page. You are responsible for visiting these Terms and Conditions to check for any changes each time you access or use the Site.
The Site is operated by Entertainment One U.S. LP at 22 Harbor Park Drive, Port Washington, NY 11050. All questions regarding the Site or these Terms and Conditions shall be directed to us by e-mail at: email@example.com, or by writing to us at: Attn: Floodlight/Digital Marketing Department, Entertainment One U.S. LP, 22 Harbor Park Drive, Port Washington, NY 11050.