TERMS OF USE
These Terms of Use ("Agreement") constitute a legally binding agreement between Newvine Films, LLC, together with its affiliates, subsidiaries, successors, assigns, officers, directors, employees, contractors, representatives, agents, and licensors (collectively, "Newvine Films," "Company," "we," "us," or "our"), and any individual, business entity, artist, manager, record label, representative, visitor, user, client, or other party ("User," "you," or "your") accessing or using the Company's websites, landing pages, digital platforms, applications, content, communications, productions, services, and related offerings (collectively, the "Services").
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms of Use, you must immediately discontinue use of the Services.
ELIGIBILITY
The Services are intended solely for individuals who are at least eighteen (18) years of age and capable of entering into legally binding agreements. By accessing the Services, you represent and warrant that you possess the legal capacity and authority to enter into this Agreement on your own behalf or on behalf of any entity you represent.
OWNERSHIP OF THE SERVICES
All rights, title, and interest in and to the Services, including all content, text, graphics, designs, trademarks, service marks, trade dress, logos, photographs, video content, audio content, software, source code, user interfaces, databases, proprietary methodologies, creative concepts, documentation, and intellectual property rights therein, are and shall remain the exclusive property of Newvine Films or its licensors.
Nothing contained within the Services shall be construed as granting any license, assignment, transfer, ownership interest, or other rights in any intellectual property belonging to Newvine Films except as expressly set forth in a separate written agreement executed by authorized representatives of the parties.
LIMITED LICENSE
Subject to compliance with this Agreement, Newvine Films grants Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for lawful informational and business purposes.
This license shall automatically terminate upon violation of this Agreement.
PROHIBITED CONDUCT
Users shall not use the Services in any manner that violates applicable law, infringes upon intellectual property rights, interferes with the operation of the Services, compromises security, misrepresents identity or authority, transmits malicious code, attempts unauthorized access, collects information from the Services through automated means, reverse engineers any aspect of the Services, or otherwise engages in conduct that could damage, disrupt, burden, or impair the Services or the Company's operations.
Newvine Films reserves the right to investigate and pursue any violation of this Agreement to the fullest extent permitted by law.
PROJECT INQUIRIES AND SUBMISSIONS
Any inquiry, proposal, treatment, concept, creative idea, pitch, project submission, script, recording, photograph, video, artwork, or other material voluntarily submitted to Newvine Films through the Services shall be deemed non-confidential unless otherwise agreed in a separately executed written agreement.
Submission of materials shall not create any fiduciary relationship, confidential relationship, partnership, agency relationship, employment relationship, joint venture, implied contract, or obligation to compensate.
Newvine Films shall have no obligation to review, return, acknowledge, develop, produce, compensate for, or maintain the confidentiality of any unsolicited submission.
Users acknowledge that Newvine Films may independently develop or receive materials similar or identical to submitted materials and shall have no liability arising therefrom.
NO GUARANTEE OF SERVICES
Submission of an inquiry, request for consultation, project proposal, lead form, or communication does not create any obligation on the part of Newvine Films to provide services, enter into negotiations, accept a project, maintain communications, or establish any business relationship.
All projects remain subject to separate written agreements executed by authorized representatives of the parties.
INTELLECTUAL PROPERTY RIGHTS
Except as expressly set forth in a written production agreement, all concepts, treatments, proposals, estimates, presentations, production methodologies, workflows, documents, creative materials, marketing materials, and other proprietary information provided by Newvine Films shall remain the exclusive property of the Company.
Unauthorized use, copying, reproduction, adaptation, distribution, disclosure, publication, display, performance, exploitation, or derivative use of Company materials is strictly prohibited.
THIRD-PARTY CONTENT AND SERVICES
The Services may contain links to, references to, or integrations with third-party websites, platforms, services, products, applications, or content. Such third-party materials are provided solely as a convenience and do not constitute endorsement by Newvine Films.
The Company assumes no responsibility or liability for any third-party content, products, services, privacy practices, policies, security measures, or business activities.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWVINE FILMS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, PERFORMANCE, OR RESULTS.
NEWVINE FILMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWVINE FILMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY, STATUTE, OR OTHERWISE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEWVINE FILMS ARISING FROM OR RELATED TO THE SERVICES EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00), REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.
INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless Newvine Films from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to the User's access to or use of the Services, violation of this Agreement, violation of applicable law, infringement of intellectual property rights, or submission of materials to the Company.
FORCE MAJEURE
Newvine Films shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, governmental actions, labor disputes, war, terrorism, civil unrest, pandemics, epidemics, power outages, telecommunications failures, cyberattacks, internet disruptions, supply chain interruptions, or other force majeure events.
GOVERNING LAW
This Agreement shall be governed by and construed exclusively in accordance with the laws of the State of California, without regard to conflict of law principles.
VENUE
Any dispute, claim, action, or proceeding arising out of or relating to the Services or this Agreement shall be brought exclusively in the state or federal courts located in Los Angeles County, California.
The parties irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any objection based upon inconvenient forum or similar doctrine.
ATTORNEYS' FEES
In any action or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, costs, and expenses in addition to any other relief awarded.
SEVERABILITY
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous understandings, representations, negotiations, and agreements relating thereto.
MODIFICATIONS
Newvine Films reserves the right to amend, modify, restate, supplement, or replace these Terms of Use at any time. Continued use of the Services following publication of any modification shall constitute acceptance of the revised Terms.
CONTACT INFORMATION
NewVine Entertainment, LLC
Email: hello@newvinefilms.com
Website: www.newvinefilms.com
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.
SMS COMMUNICATIONS CONSENT TERMS
These SMS Communications Consent Terms ("SMS Terms") govern the use of text messaging communications between Newvine Films, LLC ("Newvine Films," "Company," "we," "us," or "our") and any individual providing a mobile telephone number to the Company ("User," "you," or "your").
By voluntarily providing your mobile telephone number through our website, advertisements, lead forms, consultation requests, booking forms, contracts, invoices, social media communications, or any other communication channel, you expressly consent to receive text messages from Newvine Films.
Such communications may include appointment confirmations, consultation scheduling, project updates, production scheduling, service-related notifications, payment reminders, account communications, customer service communications, promotional messages, marketing communications, and other business-related communications.
You acknowledge that consent to receive text messages is not a condition of purchasing any product or service from Newvine Films.
Message frequency may vary depending upon the nature of your relationship with the Company and the services requested.
Standard message and data rates imposed by your wireless carrier may apply. Newvine Films is not responsible for any charges assessed by your mobile carrier.
You may opt out of promotional text messages at any time by replying STOP to any message received from the Company. Following receipt of a valid opt-out request, Newvine Films will make commercially reasonable efforts to discontinue future marketing text messages. Operational, transactional, legal, contractual, or service-related communications may continue where permitted by applicable law.
Newvine Films makes no guarantee regarding the availability, delivery, timing, or reliability of text message communications and shall not be liable for delayed, failed, misdirected, or undelivered messages.
These SMS Terms shall be governed by the laws of the State of California and shall be interpreted in conjunction with the Company's Privacy Policy and Terms of Use.
CALIFORNIA CONSUMER PRIVACY NOTICE
This California Consumer Privacy Notice supplements the Newvine Films Privacy Policy and applies solely to California residents to the extent required by applicable California privacy laws.
Newvine Films may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer, household, or device.
During the preceding twelve (12) months, Newvine Films may have collected identifiers, contact information, commercial information, internet activity information, device information, advertising interaction information, communications, project-related information, and other information voluntarily submitted by users.
Such information may be collected directly from consumers, through advertising platforms, through website activity, through communications with the Company, through social media interactions, through business relationships, and through third-party service providers.
Newvine Films collects and processes personal information for business and commercial purposes including operating its business, providing services, communicating with users, evaluating projects, administering contracts, marketing services, improving operations, conducting analytics, protecting legal rights, maintaining security, preventing fraud, and complying with legal obligations.
Newvine Films does not sell personal information for monetary compensation.
Newvine Films may disclose personal information to service providers, contractors, professional advisors, technology vendors, advertising providers, analytics providers, production partners, governmental entities, and other parties as reasonably necessary for legitimate business purposes.
Subject to applicable law, California residents may possess certain rights regarding their personal information, including the right to request access to personal information, request correction of inaccurate information, request deletion of certain personal information, and request information regarding the Company's data practices.
Newvine Films reserves the right to verify the identity and authority of any individual making a request before responding to such request.
Nothing in this Notice shall require disclosure of information protected by attorney-client privilege, trade secret protections, intellectual property rights, security obligations, contractual restrictions, or other applicable legal protections.
Requests regarding California privacy rights may be submitted to:
Email: hello@newvinefilms.com
Website: www.newvinefilms.com
Newvine Films will not unlawfully discriminate against any individual for exercising applicable privacy rights.