TERMS & CONDITIONS

 

The www.blueskiesprods.com website (the “Site”) is an online information service provided by Blue Skies Television Productions, Inc. d/b/a Blue Skies Productions and its subsidiaries, affiliates, successors, assigns, agents, officers, directors, employees and representatives (collectively, “BSP”), subject to your compliance with the terms and conditions set forth below.  PLEASE READ THESE TERMS AND CONDITIONS (THE “AGREEMENT”) AND THE RELATED (i) PRIVACY POLICY AND (ii) COOKIE POLICY CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.  BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.  BSP MAY MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE WHEN THEY ARE POSTED ON THE SITE. YOU AGREE TO REVIEW THIS AGREEMENT WHEN YOU ACCESS OR RE-ACCESS THE SITE.  IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THE REVISED AGREEMENT, YOU MUST STOP USING THE SITE.

 

  1. OWNERSHIP OF THE SITE

BSP, its affiliates or other third party licensors own the logos, images, publications, products, text, marks, names, photographs, design elements, copyrights, contents and other materials (collectively, the “Content”) on this Site.  All Content is protected by copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws.

 

  1. DISCLAIMER

You understand that, except for information, products or services clearly identified as being supplied by BSP, all information, products or services offered through the Site or the Internet are offered by third parties that are not affiliated with BSP, and that BSP does not operate, control or endorse such information, products or services any in any way.  You understand and acknowledge that you are visiting the Site at your own risk. BSP and its licensors or licensees shall not be responsible for any damages of any nature arising out of or relating to the use of the Site or any hyperlinked website(s).  The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons.  BSP assumes no responsibility for any inability to access the Site nor for any delays, interruptions, errors, defects, omissions or deletions users may experience. BSP does not warrant that the availability of the Site or the functions or materials contained therein or the third party hyperlinked websites will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or other potentially harmful components.

 

The material that appears on the Site is for informational purposes only, and although it is our intention to provide accurate and useful information, we acknowledge that errors may appear from time to time.  BSP, its information providers and any third parties who may have contributed to the Site make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site.  THE SITE AND THE MATERIALS INCLUDED THEREON (INCLUDING ANY HYPERLINKED THIRD PARTY WEBSITES) ARE PROVIDED “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE.

 

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION

You agree that BSP and its parents, affiliates, subsidiaries, licensors, successors, assigns and agents and each of their respective officers, directors, employees, representatives and licensors (collectively, the “Released Parties”) are not liable to you or any third person for damages of any kind arising out of your use of the Site.  YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THIS TIME.  In no event will BSP be liable for: (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site, or downloaded from the Site, or any delay of such information or service, even if BSP or the other Released Parties have been advised of the possibility of such damages; and/or (ii) any claim attributable to errors, omissions, or other inaccuracies in the site and/or materials or information downloaded through the Site.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the Released Parties’ liability is limited to the greatest extent permitted by law.

 

By visiting the Site you agree to indemnify the Released Parties from and against any and all legal claims, actions, suits or proceedings, as well as any and all losses, liabilities damages, costs and expenses (including reasonable attorneys’ fees) arising out of: (i) any misrepresentation, act or omission made by you in connection with your use of the Site; (ii) any non-compliance by you of any term of this Agreement; (iii) any breach by you of your warranties hereunder; and/or (iv) any claims brought by third parties arising from or related to your access or use of the Site. 

 

  1. POLICY REGARDING SUBMISSIONS

BSP is pleased to hear from its users and fans and welcomes your input with respect to our television shows, content and Site.  However, we require that you limit your input to those existing properties and do not submit any creative ideas, suggestions or materials.  While the Site may provide the opportunity to communicate content or materials to BSP, such as photographs, writings, music, video and/or audio recordings, computer graphics, artwork, data, questions, comments, suggestions, or personally identifiable information (collectively, “Submissions”), BSP does not accept unsolicited Submissions (including ideas for television programs, motion pictures, productions of any kind, websites, mobile apps, books, or any other products, services or ideas).  We strive to avoid the possibility of future misunderstandings when BSP (or our partners) develop projects (whether internally or by third parties) which might seem to others to be similar to their own creative ideas or materials.  With that in mind, please do not make any such Submissions to BSP through our Site.  Any unsolicited Submissions will not be read and will be discarded.

 

However, if you choose to disregard this policy and decide to make any such unsolicited Submission, you warrant that any Submission made by you: (i) is your own original work and you have the right to make it available to BSP for the purposes specified above; (ii) does not infringe the rights of any third party; and (iii) is not unlawful and does not contain any material which is obscene, offensive, hateful or defamatory, and hereby grant to BSP the full, unconditional, unlimited irrevocable, worldwide right and license to your Submission as submitted, including the ability to use your Submission and distribute, sell, modify, adapt, translate, incorporate into other works (and otherwise create derivative works from), transmit, broadcast and otherwise exploit your Submission in any manner and for any purpose whatsoever without any notice or compensation to you.  You also grant to BSP the right to use your name in connection with the Submission as well as in connection with all advertising, marketing and promotional material related thereto.  Additionally, you consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which may or might otherwise constitute a breach or infringement of those rights, and you (to the extent permitted by law) waive all your moral rights in such Submission, even if such material is altered or changed in a manner not agreeable to you.  You agree that you shall have no recourse against BSP for any alleged or actual infringement or misappropriation of any proprietary right in your Submission and/or communications to BSP.

 

  1. RESTRICTIONS ON USE OF CONTENT

Nothing contained on this Site should be understood as granting you a license or permission of any kind to use any of the intellectual property, copyrights, trademarks, service marks, or logos owned or controlled by BSP.  For the purpose of clarity, and in connection with our casting page, you acknowledge and agree that while you may use our services to post relevant casting information on your applicable social media page, you are not authorized to use any of BSP’s intellectual property for or in connection with such social media post, unless provided to you by BSP.

 

USE OF THE CONTENT ON THE SITE FOR ANY PURPOSE NOT EXPRESSLY PERMITTED HEREIN IS PROHIBITED.  You may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any content obtained from this Site other than as expressly permitted herein.  You may print, download or transmit to a personal device the content from this Site only for personal and non-commercial use, provided that you keep intact all content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the content or Site.  Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited.  Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any BSP trademarks, trade names, service marks or logos without BSP’s prior written permission.

 

You further expressly agree not to engage in any use or activity that:

  • Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Site or content offered through the Site, including any associated software, hardware, or telecommunications or wireless equipment;

  • Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;

  • Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any content on the Site;

  • Contains unauthorized advertising, advertises content on the Site as your own or solicits other visitors;

  • Promotes any business or commercial activity for any products, goods or services;

  • Impersonates any business or entity, or falsely represents your affiliation with a person or entity;

  • Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;

  • Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Site or the content available through the Site;

  • Circumvent any technology used by BSP or its licensors to protect the Site or the content available through the Site;

  • Is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or

  • Otherwise violates this Agreement or other BSP policies.

 

  1. MINORS; SITE ACCESSIBILITY

The Site is aimed at users of various ages, and there are no age barriers to those accessing the Site.  However, users under 18 should only use the Site with the permission of a parent or guardian, and the parents or guardians of anyone under 18 using the Site should review this Agreement carefully.  Contributions submitted and/or read by minors are subject to the consent of their parent or guardian.  

 

BSP is committed to making the Site and the content thereon accessible to everyone.  If you have any suggestions on ways the Site can be more accessible, please send your suggestions to doc@blueskiesprods.com.

 

  1. TERMINATION

Any conduct that in any way violates this Agreement or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Site and to access content thereon and/or our pursuit of any legal damages or remedies.  If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Site and content thereon, BSP, its affiliates, licensors, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Site or the content thereon.  BSP retains the right to deny access to the Site, in our sole discretion, to any visitor for any reason, including for any violation of this Agreement.  If this Agreement is terminated by any party, the provisions of paragraphs 1 through 3, 5, 6 and 8 shall survive any termination of this Agreement.

 

  1. MISCELLANEOUS

This Agreement shall be governed and construed in accordance with the laws of the state of California without regard to conflicts of law provisions.  You agree that any legal action or proceeding between BSP and you concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction located in Los Angeles County, in the State of California.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  Under no circumstance will you be able to seek injunctive relief of any kind (including, but not limited to, enjoinment of any BSP-related production or any other form of equitable of injunctive relief) for any asserted or actual breach of this Agreement.  BSP’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  If any provision of this Agreement is adjudged by a court to be void or unenforceable, such provision will in no way affect any other provision of this Agreement or the validity or enforceability of this Agreement. Such provision may be amended or modified only to the extent necessary to bring it within legal requirements.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement, and this Agreement may not be amended, nor any obligation waived, without BSP’s prior written approval.  BSP may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

 

  1. CONTACTING BLUE SKIES PRODUCTIONS

All communications and any personal information contained therein that is sent to BSP electronically through the Site or via email will be protected in accordance with BSP’s Privacy Policy.  Please understand that while we would like to respond to all communications we receive, we cannot guarantee that we will respond to your messages.

 

If you have any questions about this Agreement, please contact us at doc@blueskiesprods.com.

 

Updated 11/20/20