Trilith Studios, LLC Terms and Conditions

Last Updated: September 2020

Legal Notice: Terms and Conditions of Use

Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any Trilith Studios Online Services

These Terms and Conditions of Use ("Terms and Conditions of Use") apply to your access to, and use of, any Trilith Studios, LLC ("Trilith Studios") website, mobile application, and online service or program where these Terms and Conditions of Use are posted or linked ("Trilith Studios Online Services"). These Terms and Conditions of Use are a legal and binding agreement between you and Trilith Studios, and, as applicable, its subsidiaries, affiliates, and related entities ("Affiliates") (Trilith Studios and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms of Use govern your use of the Trilith Studios Online Services, which includes the programs, offers, content, information, services, and features made available through the Trilith Studios Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Trilith Studios Online Services.

Your use of the Trilith Studios Online Services is at your risk. If you are dissatisfied with the Trilith Studios Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Trilith Studios Online Services.

Modifications to These Terms and Conditions of Use

We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the Trilith Studios Online Services, along with the date on which it was most recently updated as indicated by the "Last Updated" section at the end of these Terms and Conditions of Use. Your continued access to or use of the Trilith Studios Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

Use of Trilith Studios Online Services

The Trilith Studios Online Services and all content, information, and other materials featured, displayed, contained, and available on the Trilith Studios Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, "Materials") are owned by or licensed to Trilith Studios and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Trilith Studios Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Trilith Studios Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within the Trilith Studios Online Services, the Materials, and/or the programs, features, and services.

Trilith Studios may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any Trilith Studios Online Service, or any portion thereof; (2) change, revise, or modify the Trilith Studios Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the Trilith Studios Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, feature s, and services, or restrict your access to the Trilith Studios Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.

User Conduct

You agree to use the Trilith Studios Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:

- modify, adapt, translate, or reverse engineer any portion of the Trilith Studios Online Services or the Materials;

- use the Trilith Studios Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;

- use the Trilith Studios Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;

- frame or mirror any portion or feature of the Trilith Studios Online Services;

- use the Trilith Studios Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;

- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Trilith Studios Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the Trilith Studios Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Trilith Studios Online Services;

- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Trilith Studios Online Services or with any other person’s use or enjoyment of the Trilith Studios Online Services;

- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;

- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Trilith Studios;

- forge headers or otherwise manipulate identifiers;

- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;

- submit or post any false or misleading information; and/or

- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Trilith Studios, its Affiliates, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Trilith Studios Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.

Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through Trilith Studios Online Services, via phone, or otherwise ("Submissions") will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on the Trilith Studios Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

Programs and Promotions

Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Trilith Studios Online Services may be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Trilith Studios urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the Trilith Studios Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.

If you believe that your work has been improperly copied and posted on the Trilith Studios Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable Trilith Studios Online Service and a description of where the Material that you claim is infringing is located within such Trilith Studios Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

Trilith Studios, LLC
ATTN: Marketing - DMCA Manager
dmca@trilithstudios.com
461 Sandy Creek Road
Fayetteville, Georgia 30214

1-678-369-5950
DMCA details are available at https://www.copyright.gov/onlinesp/.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

Login and Registration

Certain programs, offers, features, or services offered on or through the Trilith Studios Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Trilith Studios immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Trilith Studios or any other Trilith Studios Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s login at any time without their express written permission. Trilith Studios shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Mobile Apps

In order to use Trilith Studios Online Services made available through a mobile application ("Mobile App") you must have a compatible mobile device; Trilith Studios does not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

Links To Third Party Sites and Social Media Pages

The Trilith Studios Online Services may contain links to other third-party websites and social media platforms, such as Facebook, Twitter, or Instagram (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Trilith Studios and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Privacy

Trilith Studios' Privacy Policy applies to use of the Trilith Studios Online Services and programs, offers, and promotions, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using the Trilith Studios Online Services you agree to be bound by our Privacy Policy.

Trademark Information and Ownership of Intellectual Property

Trilith Studios is a trademark and service mark of Trilith IP Holdings, LLC ("Trilith IP Holdings ") in the United States and other countries. Trilith Studios is a licensee of Trilith IP Holdings. The absence of a trademark notice or legend indicating the registration or ownership by Trilith Studios, LLC anywhere in the text of the Trilith Studios Online Services does not constitute a waiver of Trilith Studios’ trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the Trilith Studios Online Services.

The Trilith Studios Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Trilith Studios Online Services (collectively, the "Trilith Studios Intellectual Property") are owned by or licensed to Trilith Studios or others with all rights reserved unless otherwise noted. We do not permit third parties to use Trilith Studios Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the Trilith Studios Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Trilith Studios Intellectual Property without our prior express written permission. You are strictly prohibited from using any Trilith Studios Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that Trilith Studios Properties and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Electronic Communications

When you visit the Trilith Studios Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Trilith Studios Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.

No Warranties

Trilith Studios makes no representations or warranties regarding the Trilith Studios Online Services and the Materials.

WE DO NO WARRANT THAT THE TRILITH STUDIOS ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE TRILITH STUDIOS ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TRILITH STUDIOS  ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE TRILITH STUDIOS ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TRILITH STUDIOS  ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE TRILITH STUDIOS  ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TRILITH STUDIOS  ONLINE SERVICES.

Limitations of Liability

IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE TRILITH STUDIOS ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TRILITH STUDIOS ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Trilith Studios, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the Trilith Studios Online Services, and the Materials, programs, offers, features, and services made available through the Trilith Studios Online Services.

International Users and Choice of Law

The Trilith Studios Online Services are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that Materials on the Trilith Studios Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Trilith Studios Online Services or export the Materials in violation of U.S. export laws and regulations. If you access the Trilith Studios Online Services from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use and our Privacy Policy shall be governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws provisions or principles.

No Agency Relationship

Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the Trilith Studios Online Services, create any partnership, joint venture, employment, or other agency relationship between Trilith Studios, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

Violation of these Terms and Conditions of Use and Remedies

You agree that Trilith Studios may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Trilith Studios Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Trilith Studios. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Trilith Studios takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Trilith Studios. You agree that Trilith Studios will not be liable to you or to any third party for termination of your access to the Trilith Studios Online Services as a result of any violation of these Terms and Conditions of Use.

Entire Agreement, Claims Limitations, and Severability

These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within the Trilith Studios Online Services, and/or the Materials, programs, offers, features, and services made available through the Trilith Studios Online Services, as each is currently posted on the Trilith Studios Online Services, constitute the entire agreement between us and you with respect to your use of the Trilith Studios Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Trilith Studios Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and Privacy Policy shall continue in full force and effect.

Contact Information

If you have any questions about Trilith Studios Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:

Trilith Studios, LLC
461 Sandy Creek Road
Fayetteville, Georgia 30214
1-678-369-5950

https://www.trilithstudios.com/contact-us

Last Updated

Terms and Conditions of Use last updated on September 30, 2020.
Copyright © 2020 Trilith Studios, LLC. All rights reserved.

Accessibility

Trilith Studios, LLC is committed to ensuring that our website complies with the Americans with Disabilities Act. It is our goal to have a website that is accessible to everyone. We welcome any feedback on how to improve the site’s accessibility for all users. If you experience trouble accessing any information on our website, please contact 1-678-369-5950 or https://www.trilithstudios.com/contact-us.