Stink Films, Inc. (“Stink”) provides this website, stinkfilms.com, and a newsletter currently titled, “Designed by Pentagram” and delivered by email to subscribers on a monthly basis (the “Newsletter”) (together, the website and the Newsletter may be referred to as the “Website”) for informational purposes.
All Content is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions as well. Pentagram retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, and in addition to, Pentagram. Pentagram expressly prohibits the copying of any protected materials on the Website.
Commercial Use is Restricted
Unauthorized publication or exploitation of Pentagram’s files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any other purpose must request and receive prior written permission. All requests to reproduce content from the Website should be made with email@example.com or call 212-683-7000
Reservation of Rights
All rights not expressly granted by Pentagram herein are specifically and completely reserved. Nothing on the Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Pentagram has authority to grant any right or license on behalf of any third party.
“Pentagram” is a registered trademark of Pentagram (the “Pentagram Trademark”). You may not use the Pentagram Trademark without Pentagram’s prior, written permission in each case.
The names, titles, trademarks, service marks, and logos of third parties on the Website from time to time are registered and unregistered marks of those third parties; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use the Pentagram Trademark or may be construed to mean that Pentagram has authority to grant any right or license on behalf of any third party trademark owner.
Protection of Privacy
Pentagram is committed to protecting the privacy of its Website visitors in accordance with applicable laws and regulations.
Pentagram collects and stores aggregated, anonymized or pseudonymized information about your activity on and interaction with the Website, such as your IP address, the type of device or browser you use, and your actions on the Website. If you sign up for the Newsletter, Pentagram also collects and stores your email address.
Pentagram uses the information it collects for the following purposes:
To track and analyze use of the Website so Pentagram can provide users with the best experience possible.
To communicate with you via the Newsletter.
Pentagram will indefinitely retain the aggregated, anonymized or pseudonymized information Pentagram collects from you to protect the safety and security of the Website, improve the Website, or comply with legal obligations. Pentagram will also retain your email addresses for as long as you are subscribed to the Newsletter. You will always have the opportunity to unsubscribe from future Newsletter correspondence.
Pentagram may share the information with certain trusted third-party services to help provide, improve, promote, or protect the Website or the Newsletter. When Pentagram shares information with third-party services that support its delivery of the Newsletter, Pentagram requires that they use your information only for the purposes Pentagram has authorized, and that they protect your information at least to the same standards Pentagram does. Pentagram may also share information that has been aggregated and anonymized in a way so it does not directly identify you.
Residents of the European Economic Area and Switzerland are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to request access, corrections, and deletion of personal information. While these rights are not applicable globally, all Website users can request access to, the correction of, or the deletion of their email addresses collected in connection with the Newsletter. Such requests should be directed to firstname.lastname@example.org.
Links to Third-Party Websites
Pentagram has not reviewed all the websites or services linked to or from the Website. Pentagram provides these links as a convenience and linking to any third-party websites or services is at the user’s own risk. A link does not imply endorsement or affiliation with the linked website by Pentagram.
PENTAGRAM PROVIDES THE WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER, IS AT YOUR OWN RISK. PENTAGRAM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OR TRADEMARK OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. PENTAGRAM DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. PENTAGRAM MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. PENTAGRAM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE WEBSITE’S CONTENT OR THE NEWSLETTER.
LIMITATION OF LIABILITY
NEITHER PENTAGRAM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF PENTAGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER.
By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold Pentagram, its affiliates, directors, officers, employees, and agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website.
Venue and Choice of Law
The Terms and Conditions and any counterparts, amendments, or revisions thereto will be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to the Terms and Conditions will be brought in ay Federal or State court located in New York County and the State of New York, and you hereby waive any objection that you may have to personal jurisdiction in these courts.
Entire Agreement; Severance; Waiver
These Terms and Conditions incorporate by reference any notices on the Website and/or Newsletter and constitute the entire agreement regarding user access to the Website. If any provision of the Terms and Conditions -is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Pentagram’s failure to enforce a provision on any occasion will not be construed as a waiver of such provision.
These Terms and Conditions were last modified on July 23, 2018.