These Terms of Use ("Terms") govern your access to and use of newayproductions.com (the "Site"), operated by NEWay Productions ("NEWay Productions," "we," "us," or "our"). Please read these Terms carefully. By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Site.
1. Acceptance of These Terms
By accessing or using the Site, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Site on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Eligibility
The Site is intended for business and industry audiences and for users who are at least 18 years of age. By using the Site, you represent and warrant that you meet these requirements and that your use complies with all applicable laws.
3. Changes to These Terms
We may modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last updated" date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
4. The Site
The Site is provided for general informational and promotional purposes. We may change, suspend, or discontinue any part of the Site at any time, and we do not guarantee that the Site will always be available, uninterrupted, or error-free.
5. Intellectual Property
The Site and all of its contents, including text, graphics, logos, images, photography, production stills, key art, posters, video, design, titles, characters, and the names "NEWay," "NEWay Productions," "America's Sweetheart is a Secret MONSTER," and all related names, logos, and slogans, are owned by or licensed to NEWay Productions and are protected by United States and international copyright, trademark, and other intellectual property laws. Names, likenesses, and performances of talent appear with permission and remain the property of their respective owners. Nothing in these Terms grants you any right, title, or interest in any of the foregoing except the limited license in Section 6. For more on copyright and trademark, see our Copyright Notice.
6. License to Use the Site
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your personal, non-commercial, informational use. Any other use requires our prior written permission.
7. Prohibited Uses
You agree not to:
- Copy, reproduce, distribute, publicly display, modify, create derivative works from, sell, or otherwise exploit any part of the Site or its content except as expressly permitted;
- Use any robot, scraper, or other automated means to access or harvest data from the Site;
- Reverse engineer, decompile, or attempt to derive the source code of any part of the Site;
- Interfere with or disrupt the Site, circumvent any security feature, or introduce malware or other harmful code;
- Use the Site to infringe any intellectual property or other right, or to violate any law;
- Misrepresent your identity or affiliation, or remove any copyright, trademark, or other proprietary notice; or
- Use the Site or its content for any competitive or commercial purpose without our prior written consent.
8. Unsolicited Submissions
We do not accept or consider unsolicited creative materials, including scripts, treatments, ideas, concepts, formats, characters, or pitches, except under a separate written agreement signed by an authorized representative of NEWay Productions. This policy avoids misunderstandings if our projects seem similar to material others have developed independently.
If, despite this policy, you send us any unsolicited material, you acknowledge and agree that: (a) the material is not submitted in confidence; (b) no confidential or fiduciary relationship is created; (c) we are under no obligation to review, return, or keep the material confidential; (d) we may already be developing, or may in the future develop, similar material independently; and (e) you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable license to use the material for any purpose without compensation or credit to you, to the fullest extent permitted by law. Any feedback or suggestions you provide may be used by us without restriction or compensation.
9. Third-Party Links
The Site may link to third-party websites and services that we do not control. We provide these links for convenience and are not responsible for the content, products, or practices of any third party. Your use of third-party services is governed by their own terms and policies.
10. Disclaimers
The Site and all content are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any content is accurate or complete. Any statements about projects, development, casting, timing, or audience figures are forward-looking and are not guarantees of any outcome.
11. Limitation of Liability
To the fullest extent permitted by law, in no event will NEWay Productions or its officers, members, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of, or inability to use, the Site, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total liability for all claims relating to the Site will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless NEWay Productions and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.
13. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose information.
14. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 15, you agree that any legal action will be brought exclusively in the state and federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.
15. Dispute Resolution and Arbitration
Informal resolution. Before filing a claim, you agree to first contact us at Contact@newayproductions.com and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration. Except as provided below, any dispute that is not resolved informally will be resolved by binding arbitration administered by a recognized arbitration provider under its applicable rules, before a single arbitrator, seated in Los Angeles County, California. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. Disputes will be arbitrated only on an individual basis. You and NEWay Productions waive any right to participate in a class, collective, or representative action.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.
16. General
These Terms, together with the Privacy Policy and any documents they incorporate, are the entire agreement between you and NEWay Productions regarding the Site. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Section headings are for convenience only. Provisions that by their nature should survive termination will survive.
17. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the license granted to you ends, and Sections 5 and 8 through 16 survive.
18. Contact Us
Questions about these Terms may be directed to:
NEWay Productions
Hollywood, California, USA
Email: Contact@newayproductions.com