Terms of Use

Effective Date: November, 2018.
Updated Date: January, 2022.

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Evelyn Lee (“EL”, “EL Films”, “EL Studio”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, including our website www.evelynleefilms.com, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). These Terms apply fully and by using this Site, you expressly accept all terms and conditions contained herein in full.

By using the Service, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Service.

Intellectual Property Rights

EL owns any and all original content, works, and writings posted. Any content not owned by EL belong to their respective artists and are used with express permission. All rights are reserved.

You are granted limited license only for the purposes of viewing the material shared on this Site and any linked third parties.

EL Content

EL shares predominantly original material on this Site. Materials and items relating to Evelyn Lee and its products and services include layout, information, articles, posts, tests, data, files, images, scripts, designs, graphics, photographs, sounds, pictures, videos, advertising copy, URLs, and all copyrightable material such a trademarks, logos, names, and all other forms of intellectual property (collectively “Content“). All Content is the property of EL and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

We own all rights and have full permission to use, reproduce, distribute our content to and on our website and other social media and third party channels for promotional purposes. EL reserves the right to edit any content as well as remove any content from the Site at any time, for any reason, without notice.

If we, with full permission, share any submitted or third party content, you must own all rights and/or have obtained clearing for any third party rights. EL reserves the right to edit any submitted written content for clarity as well as remove any content from the Site at any time, for any reason, without notice.

If you have questions about our content, please send us an email.

Notice of Copyright Infringement

You may not reproduce, print, use, or publish copyrighted original EL Content in any way. No EL consent or approval or permission may be deemed to have been granted by EL without being in writing and signed by an officer of EL. If we are made aware of any infringements of copyright, EL will pursue this legally to the greatest extent.

All rights not expressly granted to you are reserved by EL and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication or otherwise. Any unauthorized use of the Content for any purpose is prohibited.

While a majority of the content on this Site is original and owned by EL, if you are the owner of intellectual property who believes your work has been improperly shared via this Site, please notify us by sending an email to our IP team. If there is proof of violation, EL will promptly remove the content.

EL also reserves the right to vet any and all submitted content independently and remove any content from the Site at any time, for any reason, without notice.

Communication

You can opt out of receiving certain promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link. Please note that your opt out is limited to the email address used.

Third Party Services

Our Site contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

Restrictions

You may not use the Site or Content for any political or commercial purpose. You may not engage in any way that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to EL. You may not harvest any information from the Site or Content, reverse engineer or modify the Site or Content, interfere with the proper operation of or any security measure used by the Site or Content, or infringe upon any intellectual property or the right of any third party. You may not use the Site or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you. You may not violate these terms or any applicable additional terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Site and Content.

Limited License

Subject to your strict compliance with these Terms and any additional terms applicable, EL grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to display, view, use, and play the Content on a personal browser, laptop, tablet, mobile phone, or any other internet-enabled device.

The limited license does not give you any ownership of any Content. Any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and may result in your personal liability, including criminal liability.

Availability

EL may suspend or terminate the availability of the Site and Content, in whole or in part, for any reason, in EL’s sole discretion, and without advance notice or liability. Upon suspension or termination of access to the Service, or upon notice from EL, all rights granted to you under these Terms or any applicable additional terms will cease immediately, and you agree that you will immediately discontinue use of the Site and Content.

Security

While EL has taken all necessary and appropriate steps to ensure the security and safety of this Site, we cannot guarantee that unauthorized third parties will not be able to gain access to our host’s (WordPress) database or servers. You therefore acknowledge that you provide information and use this Site at your own risk.

No Warranties

This Site is provided as is, and EL makes no expressed or implied representations or warranties of any kind related to the Site or the materials shared on this Site. Nothing contained on this Site shall be construed in any way as providing advice or consultation to you.

Limitation of Liability

In no event shall EL, nor any of its employees, directors, and officers be liable to you for anything that arises out of or is connected with your use of this Site. We shall not be liable for any indirect, consequential, or special liability arising out of or in any way connected to your use of this Site.

Indemnification

You hereby indemnify to the fullest extent Evelyn Lee and all connected parties from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including attorney’s fees) arising out of or in any way connected to your breach of any of the provisions stated in these Terms.

Severability

If any of these Terms is found to be unenforceable or invalid under any applicable law, such invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions will be removed or revised without affecting the remaining provisions herein.

Variation of Terms

Evelyn Lee reserves the right and is permitted to revise these Terms at any time in our sole discretion without prior notice, and by using this Site, you are expected to review such terms on a regular basis to ensure you understand and are fully aware of all your rights and all Terms & Conditions governing the use of this Site.

All such changes are effective immediately when posted, or on a later date as specified. If you object to any such changes, your sole recourse is to cease using the Service.

Unsolicited Submissions

Please note that EL does not accept any unsolicited submissions or materials (“Submissions“). Unsolicited materials include, but are not limited to, screenplays, ideas, feedback, opinions, sounds, videos, images, and any other written, visual, or audial content.

Only appropriate inquiries will be responded to. EL reserves the right to deem which inquiries are appropriate and do not violate our contact and submissions policies. And we will attempt to respond to appropriate inquiries in a timely manner.

Should you decide to submit any Submissions to us, you grant us unrestricted, unlimited, worldwide, non-exclusive, perpetual, and transferable, cost-free rights to do whatever we wish with the material. That would include, and not limited to, being able to modify, adapted, publish, promote, create works from, distribute, and otherwise use and exploit in a manner of our choosing for any purpose.

You also grant us the right to use your name in connection with the Submission. You also agree to waive any right of approval for our use of the rights herein and waive any moral rights that you may have, even if it is altered or changed in a manner not agreeable to you. You irrevocably agree not to exercise such rights in a manner that would interfere with any exercise of granted rights.

You will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein. Our receipt of your Submission is not an admission to its quality, priority, or originality. It does not impair our right or future intellectual property rights relating to your Submission.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

Assignment

EL shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Governing Law & Jurisdiction

These Terms will be governed by and in accordance with the laws of the United States of America and the State of New York. Californian residents are entitled to more internet privacy rights. For more information, please visit this page.

EL reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. EL may disclose any information we may have collected as necessary to satisfy any law, regulation, legal process or governmental request.

If you have any questions or comments, please send an email to us here. You acknowledge that the provision of support is at EL’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be emailed here. When you communicate with us electronically, you consent to receive communications from us electronically. 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.