Welcome to the Screening Room Community's website ("Site "). These Terms and Conditions (the "Terms") sets forth the agreement between the Screening Room Community (" Community", "we" or "us ") and each user ("you") governing the use by you of this Site. Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you may not access, register for a member account or otherwise use this Site.
This Community is maintained by Toluna UK Limited ("Toluna ") for and on behalf of Columbia Pictures Corporation Limited ("Sony"). Together the terms Community", " we" or "us" includes both Toluna and Sony.
Membership to this Site is free and is open to individuals only (not corporations or other business entities) that are at least eighteen (18) years of age. Membership in certain Surveys (as defined below) may be further restricted based on your age or geographic location. You are permitted to have only one account.
Your Member Account
While you may access this Site without registering for a member account, in order for an account to be established in your name and for you to participate in any Surveys (as defined below), you must complete the provided online registration. To open a member account, you must provide the Community with complete and valid contact information, including your full legal name, home address, valid e-mail address, and all other requested information. Your account must have a unique and valid e-mail address and password.
You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. The Community may terminate or suspend your membership and you may forfeit your rewards if you fail to provide or keep your personal information accurate and complete.
You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your user name and password and any activity that occurs under your member account, whether authorised or unauthorised. The Community will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorised use is directly attributable to the gross negligence or wilful misconduct of the Community. You agree to immediately notify the Community of any unauthorised use or breach of your member account.
Should you forget your password, you may request that the Community send it to you via e-mail by completing the Forgot Password request process on this Site. This procedure assumes that mention is made of your username, and that the e-mail address provided by you when registering is used (or the new one provided in the event of an update).
By registering as a member of this Site, you agree to receive e-mail invitations to participate in surveys and panels conducted by the Community, its third-party partners and their clients ("Surveys"). The Community does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Surveys and your disclosure of any personally-identifiable information is completely voluntary.
Termination or cancellation of your membership
The Community retains the right to monitor all member activity within the Site. We may terminate your member account if;
- you breach our Code of Conduct below;
- your member account shows signs of fraud, abuse or suspicious activity;
- if required by applicable law; or
- as otherwise deemed necessary by us; for instance, where you do not respond to a reasonable number of requests to participate in Surveys.
If you have conducted any fraudulent activity, the Community reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, you may be liable for monetary losses to the Community, including litigation costs and damages, and you will not be allowed to participate in the Community in the future.
You may cancel your account at any time by contacting the Community at email@example.com or by activating the "Unsubscribe" feature on this Site. Your account will also be cancelled if you withdraw or unsubscribe from the Community. Immediately upon deletion or your withdrawal from the Site, your member account will be closed. You understand and agree that, as noted above, upon closing your account, your right to access your member account and the Surveys will cease. The Community may terminate your member account at any time for any reason.
The Community values our members' opinions, and to show our appreciation, the Community offers rewards in the form of sweepstakes. More information about the rewards program of the Community can be found at Prizes page.
You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither your membership to this Site nor your completion of any Surveys for the Community, its third party partners and their clients create any agency, partnership or employment relationship, and that your completion of Surveys is strictly as an independent contractor. You also agree that any rewards you receive for completing Surveys are the only compensation you will receive for your completion of such Surveys.
Member Code of Conduct
The Community is an online Community dedicated to making your voice heard and allowing you to tell leading providers of products and services what you think. When you use and post content to this Site you must observe the following rules:
- Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following:
- Material that advocates illegal activity or political, religious or ideological beliefs.
- Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, discriminatory, racist, xenophobic insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy or anything that is in any way pornographic or paedophiliac or that refers directly or indirectly to pornographic or paedophiliac Sites.
- Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam," chain letters, pyramid schemes or any other form of solicitation.
- Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another or that, without prior written permission, mentions any third party brand or personality or uses any third party content.
- Any statement that expresses or implies that any actions you take are endorsed by the Community or our clients.
- Take all Surveys in good faith, so don't provide false answers, answers that are not your own genuine responses or speeding through a Survey or answering each question the same way. The Community reserves the right to withhold awarding rewards to you if, in the Community's reasonable view, your Survey responses are untruthful or not well considered.
- Do not access or use any part of the Site for anything other than your personal, non-commercial use.
- Do not access or use any part of the Site in any way that may violate any applicable law, regulation, or other governmental requirement and/or principles of good conduct.
- Do not resell, barter, trade or otherwise attempt to generate income by providing access to your member account to others.
- Do not impersonate any individual or entity, including, without limitation, a Community employee, agent or client, or other Community members or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
- Do not attempt to circumvent the Site or any security measures used on the Site, including by requesting rankings from other members or posting content which does not respond to or pose any question in order to garner rewards.
- Do not release, publish or otherwise disclose or make reference to any Survey or Site content in any media without our prior written permission.
- Do not collect or store any personal information about other members of this Site and in particular, without limiting the foregoing, do not obtain email addresses of other Site members or third parties with a view to sending unsolicited emails, for whatever reason or purpose.
- Do not attempt to access any service or area of the Site or any Surveys that you are not authorised to access.
- Do not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data.
- Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a burden on this Site's infrastructure or interfere with the ordinary operation of this Site.
- Do not re-post on the Site any statements you receive from the Community Help Desk or Customer Support.
- Do not communicate with the Community help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading.
- Do not engage in any other activity that the Community may reasonably deem improper or abusive. Failure to comply with this Code of Conduct may result in termination of your member account.
- Do not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content, Software or Site Services;
- Do not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content;
- Do not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of the Community or any of its clients or partners or any of their respective services or brands;
- Do not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of the Community or third party partners or their clients or any of their respective affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative);
- You will use the Site at all times in compliance with these Terms and all applicable laws.
Failure to comply with this Code of Conduct may result in termination of your member account.
Confidentiality of Surveys
The Community 's third party partners or clients may disclose confidential and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Surveys. If you breach this obligation, in addition to termination of your account, you may be liable for monetary damages to the Community and/or our clients for damages caused by the result of your breach.
Member Content and License
You hereby grant the Community and its third party partners and clients where the Survey in question is conducted by them, a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to use for any purpose any content you submit to this Site (e.g., your opinions, ideas and Survey responses), including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not the Community, will have sole responsibility and liability for all content you use, upload, post or submit to the Site, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorisations required to post such content. By submitting such content to the Site, you release the Community and its clients and third party partners from any obligation to compensate you in respect of use of such content in any form, including without limitation, for commercial use and hereby waive any moral rights that you might otherwise have been able to exercise in respect of that content.
The Community and its third party partners and their clients reserve the right to display advertisements in connection with any content you provide to the Site and to use such content to advertise and promote the Site (in whole or in part) or any of their products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any content that you submit to the Site and the Community or any of its third party partners or clients and/or any of their affiliates may already have projects under consideration that are similar to content provided by you or may independently develop projects that are similar to content you provide, or other content transmitted by other users of the Site may be similar or the same as content submitted by you.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
The Community Intellectual Property
You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of the Community or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights not expressly granted to you are reserved by the Community or its licensors. Except as expressly authorised by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorisation of the Community or the respective intellectual property rights owner. The Community authorises you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.
The logo and trademarks "The Screening Room Community," "screeningroomcommunity.com " are trademarks or registered trademarks of Sony. All other trademarks, service marks, logos and trade names used on this Site are the property of the Community or their respective owners and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorisation of the Community and/or its licensors. All rights are reserved.
Our responsibility for loss or damage suffered by you
By utilising this Site, you acknowledge and agree that the Community is not responsible for the actions of any third party, such as the issuers of any e-rewards, gift cards, vouchers or other rewards.
Please note that we only provide our Site for purposes of taking Surveys and other uses set out in these terms. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You expressly agree that your use of this Site and your member account is at your sole risk. You agree that this Site, all information on this Site, and the services offered by this and their functionality are provided by the Community or its corporate parents or affiliates, successors or assigns, suppliers or agents, "AS IS" and "AS AVAILABLE". The Community is not responsible for typographical errors regardless of source. In addition, the Community does not represent or warrant that the information accessible on this Site is accurate, complete, or current.
Limitation of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
To the fullest extent permitted by law, neither we, nor any other party involved in creating, producing, maintaining or delivering the Site, will be liable for any loss of income, data, or loss or damages arising from or in connection with: your use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites.
You agree to compensate and hold the Community, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levies and costs (including reasonable attorney's fees and expert witness costs, including costs associated with in-house counsel), (collectively "Claims"), arising from or related to your use of or conduct on this Site and any content you place on, submit to or transmit through this Site, your infringement or violation of any rights of another, including Claims made by third parties. You agree that the Community has the unlimited right to defend any Claim and to settle any Claim without your prior permission.
Links; Third Party Websites
The Community may provide links to third-party websites as a convenience to you, and the Community's providing of any link does not constitute an endorsement by such Site of the Community or vice versa. If you use these links, you will leave the Site. You agree that the Community is not responsible for examining or evaluating the content or accuracy and the Community does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You will use these links at your own risk. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that the Community is not in any way responsible for any such use by you. The Community expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that, save for death or personal injury resulting from their negligence or their liability for fraud, the Community and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Applicable Law and Exclusive Forum
The validity, construction, performance and enforcement of these Terms and Conditions (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales. Any dispute shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration as in force from time to time, which Rules are deemed to be incorporated by reference into this section. For the purpose of any such arbitration: (a) the number of arbitrators shall be one, who shall be a retired judge with at least 10 years experience in commercial matters (the parties shall discuss in good faith and shall use reasonable endeavours to agree a joint nomination within ten (10) days after submission of the request for arbitration); (b) the seat, or legal place, of arbitration shall be London, England; and (c) the language to be used in the arbitral proceedings shall be English. The parties hereby waive any rights of application to the English courts for determination of a point of law under section 45 of the United Kingdom Arbitration Act 1996. The arbitrator shall have the power to grant interim and permanent injunctions and other interim measures of relief which the arbitrator may in his or her discretion consider necessary. Neither party shall be entitled or permitted to commence or maintain any action in any court with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of the arbitrator, either party may seek interim relief in the High Court of Justice of England and Wales, or, if sought by us, such other court as may have jurisdiction over you in addition to the High Court of Justice of England and Wales, without us waiving its right to have any such dispute resolved by arbitration; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the High Court of Justice of England and Wales, or, if sought by us, such other court as may have jurisdiction over you in addition to the High Court of Justice of England and Wales, which may be made ex parte, for confirmation and enforcement of the award. The arbitration shall be conducted in complete confidence. The fact that there is a dispute between the parties that is the subject of an arbitration shall be confidential to the same extent. The parties undertake not to disclose details of the dispute or of the arbitration except to their professional advisers, and shall procure that their professional advisers do not disclose such details. The parties shall keep confidential and not use for any collateral or ulterior purpose all documents and materials relating to the dispute, produced for, or arising in relation to, the arbitration except: so far as is necessary to implement and enforce any agreement in writing settling a dispute; as required by court order; or otherwise as required by law. Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any motion picture, production or project related to Columbia Pictures Corporation Limited or its affiliates, its parents, subsidiaries and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production or project.
Notices to You: We may give you all notices that we are required to give by posting notice on this Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.
Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to Toluna UK Ltd., Screening Room Community, Ealing Cross, 85 Uxbridge Road, W5 5TH. Attn. Steve Evans with a copy to with a copy to SVP, Corporate Legal, Columbia Pictures Corporation Limited, Sony Pictures Europe House, 25 Golden Square, London W1F 9LU and to the following email address: SonyPrivacy@spe.sony.com.
Entire Agreement; Miscellaneous
The "Disclaimer of Warranties" and "Limitation of Liability" provisions of these Terms are for the benefit of the Community and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Notice of Copyright Agent
The Community respects the intellectual property rights of others and requests that you do the same. If you believe that your work has been reproduced in this Site in a way constituting copyright infringement, you may provide a notice to the designated Copyright Agent for the Site at firstname.lastname@example.org containing the following:
- An electronic or physical signature of a person authorised to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have a complaint, you may contact us at Toluna UK Ltd., Screening Room Community, Ealing Cross, 85 Uxbridge Road, W5 5TH.