Terms of Use

Seshat Films, LLC — Terms of Use
Updated and Effective July 30, 2022

PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THE SITE (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE. These Terms govern the use of our website and any other website, app, feature, or other online service that is owned or controlled by Seshat Films, LLC ("Seshat" or "we", "us", or "our") and that posts a link to these Terms of Use. By accessing or using the Site (as defined below), you confirm that you have read and agree to these Terms and consent to the information collection and use practices described in our Privacy Policy.

TABLE OF CONTENTS

  • Ownership of Site Materials
  • Unsolicited Submissions
  • Viral Distribution
  • Sweepstakes, Contests, and Promotions
  • Jurisdictional Restrictions
  • Links to Third Party Content
  • Linking Policy
  • Indemnification
  • Disclaimers
  • Limitation of Liability
  • Arbitration Agreement/Class Action Waiver/Dispute Resolution
  • Termination
  • Miscellaneous
  • Changes to these Terms
  • Contact Us

Ownership of Site Materials

The Site includes, without limitation, all materials that are included in or are otherwise a part of the Site (including past, present, and future versions of the Site), such as: graphics; layout; text; instructions; images; trademarks; logos and service marks; audio; video; designs; technology; applications; artwork; information; data; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Site; and all other intellectual property (collectively, "Materials"). All Materials are the property of Seshat Films, LLC, or its affiliated companies, or other third party licensors, all rights reserved. You are prohibited from using, copying, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, or otherwise exploiting any Materials for any other purposes without the prior written consent of Seshat Films, LLC or the respective third party owner of the Materials.

Unsolicited Submissions

Our long-standing company policy does not allow us to accept or consider any creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories, screenplays, artwork, drawings, suggestions, ideas, or comments. If, despite our request that you not send us any unsolicited original creative materials, you still send them to us, then regardless of what your letter says, the following terms shall apply to your submissions: (a) your submissions and their contents will automatically become the property of Seshat Films, LLC, without any compensation to you; (b) Seshat Films, LLC may use or redistribute the submissions and their contents for any purpose and in any way; (c) there is no obligation for Seshat Films, LLC to review the submissions; and (d) there is no obligation to keep any submissions confidential.

Viral Distribution

Seshat Films, LLC may grant you –only through express written permission from a legal department employee of Seshat Films, LLC – the limited, revocable permission to engage in certain expressly described personal uses of Materials that include the ability to share the Materials with others ("Viral Distribution"). Express written permission from a legal department employee of Seshat Films, LLC for Viral Distribution may include these personal uses: (a) sending Materials to friends; (b) cutting, pasting, or burning Materials onto CDs/DVDs for friends; and (c) posting Materials on your personal web site, personal profile on a social network site, or personal blog. If granted, Viral Distribution is permitted only for personal, noncommercial purposes. Even if Viral Distribution is expressly granted, you are prohibited from: (a) making any more copies than reasonably necessary for the expressly permitted personal uses; (b) distributing any copy or phonorecord of the Materials; (c) selling the Materials; (d) using the Materials in any manner that suggests any affiliation, sponsorship, or endorsement by Seshat Films, LLC; and (e) using the Materials in connection with any product, service, or company for any commercial, business, or revenue generating activity. Any permissions for Viral Distribution granted to you will terminate immediately upon notice from Seshat Films, LLC.

Sweepstakes, Contests, and Promotions

Any sweepstakes, contests, or promotions ("Promotions") accessible through the Site may be governed by its own set of official rules, which may have eligibility requirements, such as a certain age or geographic restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine the sponsor(s) of the Promotion.

Jurisdictional Restrictions

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Seshat Films, LLC to any registration requirement within such jurisdiction or country. Seshat Films, LLC controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products, or services provided through the Site are appropriate for access or use in other jurisdictions. Access to the Site from jurisdictions where the contents or practices of the Site are illegal or penalized is prohibited. If you choose to access the Site from a location outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with applicable local laws.

Third Party Links, Content, and Applications

There may be links from the Site to third party web sites or online features. The Site also may include third party content that we do not control, maintain, or endorse. Functionality on the Site may also permit interactions between the Site and a third-party web site or online feature, including applications that connect the Site with a third party site (including, but not limited to, Facebook, Instagram, YouTube, and Twitter). For example, the Site may include a button enabling you to "like" or "share" content through these third-party sites. If you choose to "like" or "share" content through a third-party social networking or similar site, that information may be publicly displayed, and the third-party site may have access to information about you and your use of our Site. We do not endorse and are not responsible or liable for any third party web sites, online features, applications, or content. If you use or access any third party sites, applications, or content, or if you click on an advertisement, you do so at your own risk. Any third party sites, applications, or content are governed by their own terms and policies, not these Terms.

Linking Policy

Seshat Films, LLC grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not present false information about, disparage, damage, dilute, or tarnish the goodwill associated with Seshat Films, LLC or its products, any Seshat Films, LLC property or any other intellectual property; (b) must not create the false appearance that your website or organization is sponsored, endorsed by, affiliated, or associated with Seshat Films, LLC; (c) must not damage the reputation of Seshat Films, LLC; (d) must not violate any law; and (e) must not enable any illegal activity. Seshat Films, LLC reserves the right to revoke this linking permission at any time in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold Seshat Films, LLC harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorney's fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or anticipatory breach of these Terms, including any violation of the Unsolicited Ideas or Viral Distribution policies); (b) your use of or access to the Site; (c) your connection to the Site; (d) your violation of any rights of another; (e) any claim that any content you provided to us caused damage to a third party; or (f) your violation of any law, statute, rule, or regulation.

Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE (INCLUDING ALL MATERIALS, INFORMATION, LINKS, AND OTHER FEATURES OF THE SITE) IS PROVIDED TO YOU ON AN "AS IS", "WHERE IS", "WHERE AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SESHAT FILMS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES ASSOCIATED WITH THE SITE, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Seshat Films, LLC makes no warranties about the accuracy, completeness, or content of this Site or the content of any other sites linked to this Site. Seshat Films, LLC makes no warranties that your use of the materials, information, or other content on the Site or any sites linked to this Site will not infringe the rights of others and Seshat Films, LLC assumes no liability or responsibility for errors or omissions in such materials, information, or other content.

Limitation of Liability

SESHAT FILMS, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, REVENUE, OR PROFITS OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR DIRECTLY, TO: (A) THE SITE (INCLUDING WITHOUT LIMITATION) ALL INFORMATION, PRODUCTS, SERVICES, VIRAL DISTRIBUTION, AND ALL OF THE MATERIALS AND OTHER CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE); (B) YOUR USE OF OR INABILITY TO USE THE SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SESHAT FILMS, LLC OR LAW ENFORCEMENT AUTHORITIES REGARDING USE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (E) ANY DELAYS OR INTERRUPTIONS IN THE USE, OPERATION, OR TRANSMISSION OF THE SITE; (F) ANY COMPUTER WORMS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY INFECT COMPUTER EQUIPMENT AS A RESULT OF YOUR USE OF THE SITE; OR (G) ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS IN ANY CONTENT ON THE SITE. THE TOTAL LIABILITY OF SESHAT FILMS, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

General Release

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Arbitration Agreement/Class Action Waiver/Dispute Resolution

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE RELIEF FOR THE ALLEGED UNLAWFUL USE OF COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, BOTH YOU AND SESHAT FILMS, LLC WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND SESHAT FILMS, LLC WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Termination

To the fullest extent permissible under applicable law, Seshat Films, LLC reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to use or access the Site, and to block or prevent you from using the Site for any reason, including your breach of these Terms or other conduct by you that Seshat Films, LLC considers inappropriate. To the fullest extent permissible under applicable law, Seshat Films, LLC reserves the right to refuse access to the Site to anyone at any time.

Miscellaneous

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are not assignable, transferable, or sublicensable by you except with prior written consent of a duly authorized legal department Seshat Films, LLC employee. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of laws principles. You and Seshat Films, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah, Oregon.

Changes to these Terms

We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms and we will notify you of material changes by posting the changed or modified Terms on our Site ("Updated Terms"). We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. If you do not agree to the Updated Terms, you may not use the Site.

Contact Us

If you have questions about these Terms, please contact us at legal@seshatfilms.com.