(These addresses are to be used only to notify us of claimed copyright infringement on the Services. Please direct any other comments or inquiries to the Customer Support address below.)7. CUSTOMER SUPPORT
If you have any questions, please send an email to us here
. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.8. DISCLAIMERSThird Parties.
Our linking to third party services does not imply that we endorse such services, or the information, products or services offered on or through those services. First Look does not control third party services, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such third party services, or for the results to be obtained from using them. If you choose to access any such third party services, you do so at your own risk. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Services are solely between you and the third party.As Is. The Services 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 the functions therein 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 the 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, which results from accessing such content. NOTWITHSTANDING THE FOREGOING, THE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
If you are dissatisfied with the Services or Content, your sole and exclusive remedy is to discontinue using the Services.9. 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 the Services or of any information or Content made available on or through the Services, 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 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 misuse 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.”NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.10. INDEMNIFICATIONYou agree to indemnify and hold harmless First Look, 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 misuse of the Services, violation of these Terms 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. This provision does not require you to indemnify First Look for any unconscionable commercial practice or for First Look’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.11. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAWPLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.WE BOTH AGREE TO ARBITRATE: You and First Look agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate First Look’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances First Look may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
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