Terms of Use - Tomorrow Studios, An ITV Studios partnership

These Terms of Use apply to this website www.tomorrow-studio.com, owned and operated by Tomorrow Studios LLC (the “Site”), which is intended for our current and potential business partners and other entertainment industry professionals. Please also review our Privacy Policy that applies to your use of any Site.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By using the Site, you agree that you have read, accept, and agree to these Terms, including those additional terms and policies referenced herein and/or available by hyperlink. Do not use the Site if you do not agree.

1. Access to the Site. You are responsible for the accuracy of the information you provide. You acknowledge that Tomorrow Studios, in its sole discretion, cease to operate the Site or features within the Site. Tomorrow Studios reserves the right to deny you access in its sole discretion without notice. We shall not be liable to you or to any third-party for any suspension or discontinuance of the Site or your account.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

2. Authorized Use of the Site and Site Content. You may use the Site and any material included in or otherwise part of the Site (including past, present, and future versions, images and text, the domain name, source and object code, and the elements that make up its “look and feel”) (collectively, “Site Content”) are owned, controlled, or licensed by Tomorrow Studios, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Tomorrow Studios.

You may visit our Site without further permission from Tomorrow Studios and Tomorrow Studios grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view and play the Site Content, including the following types of uses:

You acknowledge that these authorized uses do not grant you any ownership or other rights in the Site or any Site Content.

3. Linking Policy. While Tomorrow Studios grants you the revocable permission to link to the Site, any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Tomorrow Studios or the Site are endorsing or sponsoring any third party or its products or services, unless Tomorrow Studios has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Tomorrow Studios’ sole opinion, harm Tomorrow Studios’ or its products or services; (d) must not use any Tomorrow Studios’ trademarks without the prior written permission from Tomorrow Studios; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Tomorrow Studios’ sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Tomorrow Studios reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion. We may revoke our authorization at any time.

4. Prohibited Use of the Site and Site Content. In addition to other prohibitions as set forth in the Terms, you may not:

5. Third-Party Sites and Content. There may be links or functionality on the Site or in communications from us to third-party websites or online features. The Site may also include third-party content that we do not control, maintain, or endorse.

These Terms do not apply to any third-party sites or features, products, or services, including those to which the Site may link that we do not control. To the fullest extent permitted by law, neither Tomorrow Studios nor its service providers are responsible for the actions of any third-party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on a Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.

6. Unsolicited Ideas. Do not send unsolicited ideas, creative suggestions and/or any related materials through the Site or to us (“Unsolicited Submissions”). Tomorrow Studios does not accept Unsolicited Submissions, including, without limitation, in connection with television programs, websites or other products or services.

However, if you decide to submit any such Unsolicited Submissions, you automatically and irrevocably grant to Tomorrow Studios an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your Unsolicited Submission, including without limitation all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your Unsolicited Submission. You further agree that, to the fullest extent permissible under applicable law, Tomorrow Studios, and its parent companies, affiliated entities, vendors, service providers, licensors, and suppliers, and the directors, officers, employees, affiliates, agents, contractors, interns, and other authorized representatives of each of them (collectively, “Tomorrow Studios Parties”) will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display (whether publicly, digitally or otherwise), disclose, adapt, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture and use for advertising, marketing, publicity and promotional purposes, any of your Unsolicited Submission or portions of your Unsolicited Submission, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. You acknowledge that Tomorrow Studios may be working on or developing material similar or the same in nature to your Unsolicited Submission and that Tomorrow Studios may have received similar or the same intellectual property rights from another party. Tomorrow Studios owes you no obligation to your Unsolicited Submission unless you and Tomorrow Studios enter a written agreement to that effect. If your Unsolicited Submission is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussion or negotiations between you and Tomorrow Studios regarding your Unsolicited Submission does not constitute Tomorrow Studios’ recognition of the novelty or originality of your Unsolicited Submission. You hereby waive (and consent to us performing any acts or omissions in relation to your Unsolicited Submission and associated materials that may be inconsistent with) any moral rights or other rights you may have in and to any of your Unsolicited Submission, even if the Unsolicited Submission or a derivative work is altered or changed in a manner not agreeable to you.

You agree and understand that the Tomorrow Studios Parties are not obligated to post or use your Unsolicited Submission submitted through the Site or otherwise, and may alternatively choose to discard or remove your Unsolicited Submission without any liability whatsoever. You further authorize Tomorrow Studios to publish your Unsolicited Submission in a searchable format that may be accessed by users of the Site and the Internet. You agree that Tomorrow Studios has no obligation to monitor or enforce your intellectual property rights to your Unsolicited Submission (except where and if required under applicable law) but has the right to protect and enforce its rights to your Unsolicited Submission.

7. Content is for informational purposes. We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site.

8. Disclaimer of Warranties; Waiver. To the fullest extent permitted by applicable law, the Site and materials on the Site is provided “as is”, “as available” and “with all faults.” To the fullest extent permitted by applicable law, the Tomorrow Studios Parties:

By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.

Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services. The Tomorrow Studios Parties do not endorse and are not responsible for Unsolicited Submissions.

9. Limitation of Liability; Waiver. To the maximum extent permitted by applicable law, you agree that under no circumstances shall the Tomorrow Studios Parties be liable to you or anyone else for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, that result from: (a) the Site or Site Content; (b) Unsolicited Submissions; (c) the use of, or the inability to use, the Site or Site Content; (d) action taken in connection with an investigation by the Tomorrow Studios Parties or law enforcement authorities regarding your use of the Site; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Site’s technical operation; (g) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of good will, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Tomorrow Studios Parties have been advised of or should have known of the possibility of such damages. In no event will the total liability to you by the Tomorrow Studios Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the applicable Site or, if you did not pay us, $10.00 USD. This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the Tomorrow Studios Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the Tomorrow Studios Parties.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

By accessing the 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 and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

10. Indemnity. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Tomorrow Studios Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements, and expenses, including (but not limited to) reasonable attorney’s fees, made by any third party, due to or, directly or indirectly, arising out of or directly or indirectly related to: (a) your breach of any of these Terms or anticipatory breach; (b) your content and materials, including (but not limited to) Unsolicited Submissions; (c) your use of the Site, Site Content, or Site features as permitted by us; (d) your violation of laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all administrative and legislative authorities or any agreement you have with a third-party; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other rights of any person; (f) any misrepresentation made by you; or (g) the Tomorrow Studios Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Tomorrow Studios. The Tomorrow Studios Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Tomorrow Studios Parties.

11. Location of the Site and Territorial Restrictions. Tomorrow Studios controls and operates the Site from offices located in the United States. The information and content provided through the Site are 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 Tomorrow Studios to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

12. Governing Law. You agree that these Terms and your use of our Site is governed by the laws of the State of California, USA, without regard to its conflict of law principles.

13. Arbitration/Class Action Waiver/Dispute Resolution Choice of Law. Any legal dispute between you and Tomorrow Studios LLC concerning or arising out of the Site, shall be resolved through binding individual arbitration. However, either you or Tomorrow Studios LLC may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

How Arbitration Works. Disputes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and Tomorrow Studios LLC agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Los Angeles County, California. We encourage you to call in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.

Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Tomorrow Studios LLC also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Tomorrow Studios LLC hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Arbitration Costs. Tomorrow Studios LLC will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

You and Tomorrow Studios LLC agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Tomorrow Studios LLC within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Tomorrow Studios LLC agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

Other Terms & Information. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

14. Miscellaneous. If any of the provisions of these Terms are found unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be considered severable from these Terms and will not affect the validity and enforceability of the other provisions. These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). If Tomorrow Studios does not act after you or others breach these Terms, it does not waive Tomorrow Studios’ right to act in the future with respect to such breach or any subsequent breaches. No waiver by Tomorrow Studios of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Tomorrow Studios. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Tomorrow Studios may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Tomorrow Studios’ prior written consent. You agree that these Terms will not be construed against Tomorrow Studios because Tomorrow Studios has drafted them. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. Provisions of these Terms that would logically survive termination will survive the termination of these Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability.

15. Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts, if any, due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof). We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising out of any emails you send to the Site or us. Any violation of these Terms may be referred to law enforcement authorities.

16. Permissions. If an activity is not expressly authorized by these Terms, then you do not have permission to do it. To request permission to access or use the Site or Site Content in a way that is not expressly authorized, for example, to link to the Site with a link that is not a plain-text link or use Site Content on your website, send an email to info@tomorrow-studio.com. You understand that we may not grant you permission.

17. Changes to Terms of Use. To the maximum extent allowed by applicable law, you agree that we may update, change, or replace these Terms at any time (“Updated Terms”) by posting the Updated Terms on the Site so that they are accessible via a link on the home page or otherwise and that if you use any of the Site (or do some other act that we reasonably specify) after we have posted the Updated Terms, you agree to them. The Updated Terms will take effect when posted unless a later date is specified and will apply to your use of the Site from that point forward. Therefore, you should periodically review these Terms before using the Site.

18. Contact Information. If you have any questions about our Terms of Use, please contact us at info@tomorrow-studio.com.

Tomorrow Studios Terms of Use

Table of Contents