Effective Date: May 10, 2019.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, REGISTERING FOR AN ACCOUNT, AND/OR CLICKING TO INDICATE THAT YOU AGREE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE WEBSITE OR REGISTER FOR AN ACCOUNT ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), THEN YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT COMPANY, ORGANIZATION, OR ENTITY TO THESE TERMS, AND THE TERM “YOU” INCLUDES THAT COMPANY, ORGANIZATION, OR ENTITY. IF YOU ARE NOT AUTHORIZED TO OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. SEE SECTIONS 13-17 AND 19.
- ELIGIBILITY. You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 18, you may not use or access the Website, unless explicitly authorized by BEN. If BEN discovers or has any reason to suspect that you are not at least 18 years of age, BEN reserves the right to suspend or terminate your access to the Website immediately and without notice.
- ADDITIONAL TERMS. Prior to access and use of certain Website or other services, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms“). Additional Terms may be presented online or offline, in either electronic or hardcopy form. If you are an individual accessing or using the Website on behalf of a company, organization, or entity (such as your employer), you acknowledge and agree that your access and use of the Website may be governed by Additional Terms entered into by that company, organization, or entity. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
- PROPRIETARY RIGHTS & LICENSE. The BEN Legal Statement governs all images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information and other materials that appear on this Website and all other applications developed for products or services offered by BEN (collectively, the “Content”), the name BEN, the BEN logo, the productplacement.com logo, and all other intellectual property rights owned or belonging to BEN. We encourage you to familiarize yourself with our Legal Statement. BEN and its affiliates and licensors expressly reserve all intellectual property rights, which are not expressly granted in the Legal Statement or these Terms.
- ACCOUNT REGISTRATION. In order to access certain Website features, you may be provided with or required to register for a user account (“Account”). Certain Accounts will require internal approval from BEN, and BEN retains the right to approve or deny Account applications in its sole discretion. If you register or apply for an Account, your ability to use the Website as intended requires you to provide BEN with current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that you will keep your Account information up to date so that it is complete and accurate. BEN will attribute all use of your Account to you and you are solely responsible for all activities that occur under your Account. You must notify BEN immediately if you suspect any unauthorized use of your Account or any other breach of security. Depending on your Account status or other criteria, your Account may not have full access to all Website or all Service features. You agree not to attempt to access any restricted Website features.
- WEBSITE AND CONTENT USE. Accessing the Website does not authorize you to use any name, logo, trademark or service mark in any manner. We only grant you permission to display, download, and print in hard copy format other Content for the purposes of using the Website as an internal or personal business resource. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Content without the prior written permission of BEN or the applicable owner. Specifically, you may not:
- Modify copies of any Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.
- Access or use any part of the Content or any services or materials available through the Website for purposes other than those granted by these Terms or under Additional Terms.
BEN may grant third parties the right to link another website to the Website through a URL linking mechanism supplied by BEN. Any request for such right must be made to BEN in writing. Any alteration, change, modification, adjustment or revision to the linking mechanism must be approved by BEN in writing prior to implementation. The permissions described above will terminate automatically if you breach any of these Terms or Additional Terms. Any other use of the Content on this Website including reproduction for purposes other than as granted to you, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of BEN, is strictly prohibited.
The Website is protected by technical and organizational security mechanisms. If you violate or attempt to violate any of the security protections employed by BEN, through the Website or otherwise, you may face civil or criminal liability. We will investigate all suspected violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disable your Account, and corresponding user name, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms, or Additional Terms.
- USER CONTENT. BEN does not control and is not responsible or liable for any information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Website by users of the Website (“User Content”). You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that BEN will not treat it as such. You grant to BEN a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. BEN is under no obligation to post User Content on the Website and may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of BEN or any third party or violate any agreement with BEN or any third party, or any applicable law. If BEN suspects violations of the foregoing, BEN may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to BEN or make available through the Website.
- SUPPORT AND AVAILABILITY. BEN aims to provide the Website in accordance with these Terms, but has no obligation to provide support in relation to the Website, Content, your Account, or User Content. BEN does not guarantee availability of the Website, Content, your Account, or User Content and your access is permitted only if and when they are available. The Website may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, BEN reserves the right to discontinue your access to the Website, your Account, or to any Content provided or made available to you through use of the Website at any time without notice to you. If you would like to request support for the Website, please contact firstname.lastname@example.org.
- CHANGES TO THESE TERMS. BEN reserves the right to change these Terms at any time upon notice. BEN may give notice by making the updated Terms available through the Website, sending you an e-mail, or by any other reasonable means. You can view the most current version of the Terms at any time at https://www.productplacement.com/. The updated Terms are binding on you as of the effective date indicated above. If you do not agree to the updated Terms, you must terminate your Account and stop using the Website and Content before the effective date. Your continued use of the Website after the effective date will constitute your acceptance of the updated Terms.
- THIRD-PARTY PRODUCTS AND SERVICES. You may need to use or obtain additional products or services in order to use the Website or Content, such as internet access, a device, or a data connection. Third-party products and services may require additional fees. You must obtain all third-party products and services separately and pay all associated charges. BEN does not endorse, sponsor, or have control over any third-party products or services and will not be responsible for any third-party products or services.
- TERMINATION. You may terminate your Account at any time. However, BEN is under no obligation to issue a refund for any prepaid fees associated with your Account. BEN reserves the right to terminate your Account, these Terms, and/or suspend or terminate the Website at any time with or without prior notice. Any rights or obligations contained herein intended by their nature to survive termination, shall remain in effect after such termination.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND USER CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. BEN AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, BEN, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE WEBSITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE WEBSITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
- DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEN OR ANY SUPPLIER, OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, CONTENT, OR USER CONTENT, EVEN IF BEN OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 13 OR 14, BEN AND ITS SUPPLIERS’, AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, CONTENT, OR USER CONTENT, WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE WEBSITE UP TO U.S. $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE WEBSITE, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
- INDEPENDENT REMEDIES. The exclusion of damages under Section 14 is independent of your exclusive remedy in Section 15 and it survives even if the exclusive remedy fails its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 14 and 15 applies without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- NOTICE ON POTENTIAL LIMITS OF SECTIONS 13, 14, AND 15. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 13, 14, or 15 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this Section 17 may not apply to you.
- INDEMNIFICATION. You agree to defend, indemnify, and hold BEN and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Content or your use of the Website; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. BEN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BEN in asserting any available defenses.
- GOVERNING LAW AND VENUE. These Terms will be governed by and construed in accordance with the laws of the State of California without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of California for any and all disputes, claims, and actions arising from or in connection with the Website or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
- GENERAL. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” BEN’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on BEN if it is in a written document signed by BEN. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and BEN intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and BEN agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. BEN may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of BEN’s successors and assigns. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and BEN with respect to the Website. Both you and BEN warrant to each other that, in entering this agreement, neither BEN nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and BEN, or BEN’s successors and assigns, will have any right to enforce these Terms.
- CONTACT INFORMATION. BEN will provide all notices (including legal process) that BEN is required to give by any lawful method, including by making notice available through the Website located at https://www.productplacement.com/ or by sending it to any e-mail or mailing address that you provide to BEN. You acknowledge that if you do not provide BEN with current and accurate contact information, BEN may not be able to contact you. You agree to send BEN notice by mailing it to the following address:
14724 Ventura Blvd., Suite 1200
Sherman Oaks, CA 91403
Attention: BEN Legal Department
- NOTICES OF CLAIMS OF COPYRIGHT VIOLATIONS AND AGENT FOR NOTICE. If you are a copyright owner and have a good faith belief that any material available on the Website infringes upon your copyrights, you may submit a copyright infringement notification to BEN pursuant to the Digital Millennium Copyright Act by providing BEN with the following information in writing:
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material you claim is infringing is located on the Website, with enough detail that BEN may find it on the Website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
BEN’s agent for notice of claims of copyright infringement can be reached as follows:
|14724 Ventura Blvd., Suite 1200 Sherman Oaks, CA 91403 Attention: BEN Legal Department
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material infringes your copyright, you should contact an attorney prior to sending notice.