Terms of Use - Sunset

Effective Date October 28, 2022; Updated mAY 22, 2024

Welcome to the Terms of Service (the “TOS”) for our websites, software, mobile applications, content, games, interactive TV, or other products and online services (including all Content therein, the “Sunset Services”). The Sunset Services are made available to you by Sunset Entertainment & Media Company, and its affiliated companies (including successors & assigns, “Sunset,” “we,” “us” or “our”).

These TOS set out the agreement between you and Sunset regarding how you can use the Sunset Services, and what responsibilities you and Sunset have to each other. These TOS contain important information regarding your legal rights.

BY USING THE SUNSET SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TOS AND OUR PRIVACY POLICY, which describes our privacy practices in detail and is incorporated herein by reference. Please read them carefully.

Table of Contents

General
1. Acceptance of the TOS. You may access the Sunset Services in accordance with the TOS. You represent that you have read, understood, and agree to be bound by these TOS in connection with your access to and/or use of any of the Sunset Services. If you do not agree to these TOS, you may not access or use the Sunset Services. By using the Sunset Services, you will be deemed to have agreed to the TOS.
2. Eligibility.
  1. The Sunset Services are for users who are 18 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the Sunset Services in accordance with U.S. laws and these TOS. Parental control protections (such as computer hardware, software, or ﬁltering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
  2. 1.2.2 By accessing or using the Sunset Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the Sunset Services will comply with the United States export control and economic sanctions requirements.
3. Supplemental terms Supplemental terms and conditions may apply to some Sunset Services, such as sweepstakes, subscriptions or online purchases, and are deemed part of these TOS (“Supplemental Terms”). Any Supplemental Terms are in addition to these TOS and, to the extent there is a conﬂict between the Supplemental Terms and these TOS, the Supplemental Terms will prevail with respect to such conﬂict. If you do not agree to the applicable Supplemental Terms, you may not use the Sunset Services to which they apply
4. Modifications. YOUR ACCESS TO OR USE THE SUNSET SERVICES IS GOVERNED BY THE THEN-CURRENT TOS. We may modify these TOS, and such changes will be effective thirty (30) days following either notiﬁcation to you or our posting of the changes on the Sunset Services. Your continued access or use of the Sunset Services after we post changes to these TOS will be deemed acceptance of these TOS as modiﬁed. We encourage you to check back here for any such changes from time to time.
5. Account Registration. You may be asked to provide registration information in order to access some of the Sunset Services. You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The Sunset Services and any user names or passwords you use to access the Sunset Services (“Passwords“) are for personal use only You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the Sunset Services. You may terminate your account for any reason or no reason`
Services
1. Availability of Services. We grant you a limited, non-sublicensable, non-transferable license to access and use the Sunset Services for your personal use, and only in accordance with these TOS. Except as we speciﬁcally agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized Sunset Services made available to you. To the extent the Sunset Services make Content available for download, we grant you the right to download such Content onto the device on which you use the Sunset Services in compliance with these TOS. We may change, suspend or discontinue any or all of the Sunset Services at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the Sunset Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.
2. Wireless Features. The Sunset Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”). If you use any Wireless Features, you agree that we may send communications to your device.
3. Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the Sunset Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.
Content
1. Sunset Content. The Sunset Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, and audio (collectively, “Content”). As between Sunset and you, Sunset owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Sunset Services and Content, including as incorporated into User-Generated Content. Except as expressly stated in these TOS, nothing in these TOS shall be deemed to convey to you any right, title or interest in or to the Sunset Services or Content. To the extent the Sunset Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), Sunset hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modiﬁcation and in accordance with the restrictions in these TOS or any other Supplemental Terms associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the speciﬁcally referenced Content. You assign to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.
2. User-Generated Content. The Sunset Services may include opportunities for you or others to upload, post, transmit or otherwise distribute (“Upload”) on or through Sunset Services text, images, audio, video or other content (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, Sunset is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing Sunset properties or not). Except as expressly set forth in these TOS, you shall continue to own all rights in and to your User-Generated Content, except to the extent your User- Generated Content contains or is otherwise derived from materials, content, or elements owned by Sunset or any of our afﬁliated companies or partners (e.g., characters or other elements created or owned by us).
  1. License to User-Generated Content. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including to other users of the Sunset Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User-Generated Content (including your name, likeness and voice as it appears in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above.
  2. Use and Distribution of User-Generated Content. You agree that Sunset may give you attribution for your User-Generated Content, but we are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.
  3. Public Nature of Sunset Services. You acknowledge that you Upload any User-Generated Content voluntarily, and have no expectation of privacy or conﬁdentiality with respect to any User-Generated Content you Upload, and that no ﬁduciary relationship exists between us and you or any other party based on the User-generated Content. Although we may offer you the ability to Upload User-Generated Content anonymously, we may store your account information. We make no guarantees to remove User-Generated Content from the Sunset Services or other sites, and we may retain User-Generated Content in our backup ﬁles, including after termination of your account.
  4. No Responsibility for User-Generated Content. Sunset is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided in Section 3.3. User-Generated Content may not reﬂect the views of Sunset and we do not endorse any User-Generated Content that you or other users Upload.
3. Infringement Policy. If you believe that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content
Restrictions
1. Prohibited Actions.You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so. You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.
2. Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy and disclose your use of the Sunset Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, , warning users, suspending users and Passwords, terminating accounts, blocking access to the Sunset Services or taking other corrective action we deem appropriate. You are solely responsible for your use of the Sunset Services, User-Generated Content, and any interaction with other users of the Sunset Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Sunset Services
3. Termination and Suspension. Termination, suspension or cancellation of your account or access to the Sunset Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these TOS will automatically terminate and immediately revert to us. Following such Termination, these TOS shall remain in full force and effect with respect to your past and future use of the Sunset Services, including all rights granted by you to us.
Third Party Services and Third Party Platform Providers
1. Third Party Services. The Sunset Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any Sunset Service does not imply an endorsement by or afﬁliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any conﬁdential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the Sunset Services
2. Third Party Platform Providers. If you access or download the Sunset Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third- Party Platform Providers, shall be third-party beneﬁciaries to these TOS. However, these Third-Party Platform Providers are not party to these TOS and have no obligation to provide maintenance and/or support of the Sunset Services. Your access to the Sunset Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products
3. Authentication. To the extent your use of the Sunset Services requires authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (collectively, “MVPD Provider”), then the authentication process and any information you provide is strictly between you and your MVPD Provider, and we shall have no responsibility or liability with respect to such process.
Disclaimers and Disputes
1. Disclaimer of Warranties. We make no representations or warranties as to the Sunset Services (which, for purposes of this Section 6 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE SUNSET SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “SUNSET PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
2. Limitation of Liability.
  1. IN NO EVENT WILL THE SUNSET PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH SUNSET SERVICES OR THESE TOS EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO SUNSET IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SUNSET SERVICES. FURTHERMORE, NONE OF THE SUNSET PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SUNSET SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF SUNSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.
  2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SUNSET PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.
3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE SUNSET PARTIES OR YOUR USE OF THE SUNSET SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SUNSET SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.
4. Indemnification. You agree to defend, indemnify and hold harmless the Sunset Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of these TOS; (ii) User-Generated Content; and/or (iii) your use of the Sunset Services or any use of your account via the Sunset Services
Dispute Resolution
1. Disputes to Be Heard in Court. Sunset and you agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these TOS or regarding (i) your use of or interaction with the Sunset Services, (ii) any purchases or other transactions or relationships related to your use of the Sunset Services, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction will be resolved in federal or state (including small claims) court and neither party shall be required to arbitrate any claims against the other. Any unfiled claims following the effective date of this agreement shall be resolved in federal or state (including small claims) court as the case may be and this dispute resolution procedure expressly supersedes any prior provision of any agreement.
2. Applicable Law“ These TOS, any Supplemental Terms, and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conﬂicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Sunset Services or these TOS. You are responsible for complying with local laws, if and to the extent local laws are applicable. You speciﬁcally agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
3. Jurisdiction and VenueAny action or proceeding arising from, relating to or in conection with these TOS will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
Additional Terms
1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Sunset Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php
2. No Waiver. No failure or delay by us in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS.
3. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
4. Entire Agreement. These TOS represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.
5. Assignment. These TOS are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any assignment without our consent shall be void and invalid at the outset.
6. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
7. Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these TOS.
8. Survival. The provisions of these TOS which by their nature should survive the termination of these TOS shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 6, rules regarding dispute resolution in Section 7, and the general provisions in this Section 8.