Terms of Use
Last Changes to Terms: October 26, 2023
TERMS OF USE
IMPORTANT NOTICE: Please read the following Terms of Use (the “Terms”) carefully. The section entitled ARBITRATION AND CLASS ACTION WAIVER contains important information regarding your legal rights including mandatory arbitration, no class relief, and waiver of your right to a jury trial. Please take a few minutes to review the section.
The following Terms apply to your access to and use of this website (https://hungergames.fan), including any services available through the website, any mobile version(s) and successor site(s) regardless of how accessed (collectively, the “Services”), which are operated by PACKAGED (“PACKAGED”), on behalf of Shoppable TV, LLC, its subsidiaries and affiliated entities, and its or their partners and/or licensors (collectively, “Shop the Scenes”). When used herein, the terms “we,” “us” or “our” refer to PACKAGED and/or Shop the Scenes.
LEGAL AGREEMENT
By using the Services and any website where these Terms are posted and the websites that you may access using your mobile electronic device and the online shopping carts that you may access to purchase products, and/or where you actively agree to the Terms, you, your heirs, assigns, and successors (collectively “you”) acknowledge that you have read and understand these Terms, and you agree to be bound by these Terms. If you do not agree to these Terms, you may not use any of the Services, and you must discontinue all use of the Services immediately.
This document comprises a binding legal agreement between Shop the Scenes, PACKAGED, and you, superseding any prior agreements between you and Shop the Scenes and/or PACKAGED with respect to its subject matter.
You represent and warrant that you are at least the age of majority in your jurisdiction, or, if you have parental consent, 13 years of age, and that you have the legal capacity to enter into this agreement. The Services are only offered to users in the United States.
ADDITIONAL TERMS
Shop the Scenes and/or PACKAGED have established and may establish in the future certain additional policies pertaining to specific content or events (the “Additional Terms”). Such Additional Terms include, without limitation, privacy policies of Packaged and/or Shop the Scenes and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees (such privacy policies, the “Privacy Policies”). The Privacy Policies, incorporated herein by reference, explain how PACKAGED, Shop the Scenes, and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees may collect, use and disclose information that we learn about you as a result of your interaction with us through the Services. The Privacy Policies and all other Additional Terms constitute a part of these Terms and are hereby incorporated by reference into these Terms. By agreeing to these Terms, you are also accepting the terms of the Privacy Policies and all other Additional Terms.
PACKAGED and Shop the Scenes partner with other companies to provide or to facilitate some of the Services, including, without limitation, fulfilling product orders, processing payments, administering e-mail announcements, sponsoring and administering promotions, and processing and storing data. These companies may maintain their own terms of service, which are not under the control of either PACKAGED or Shop the Scenes.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Shop the Scenes, site operator PACKAGED, and their licensors and/or partners, as applicable. Permission is granted to electronically copy and print hard copy portions of the Services for the sole purpose of placing an order with, or purchasing products from Shop the Scenes, PACKAGED, and their licensors and/or partners.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Services solely for your own non-commercial use, to place an order, or to purchase products. Any other use including, but not limited to, the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by site operator PACKAGED. You further agree not to change or delete any proprietary notices from materials downloaded from the Services.
OWNERSHIP
Shop the Scenes, PACKAGED, and their respective subsidiaries, affiliated or related companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Services (“Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, and stylistic convention of the Services. The Site Content is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. You acknowledge that the Services and related content have been developed, compiled, prepared, revised, selected, and arranged by Shop the Scenes and Packaged and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Shop the Scenes, Packaged, their respective partners and/or licensors, and others, as applicable.
The names, trademarks, and any other related logos and trademarks used on this website and via the Services (collectively, the “Marks”) are the exclusive property of their respective owners. Unauthorized use of any of the Marks or of any word, term, name, symbol or device that is likely to cause confusion or mistake with respect to the user’s connection or association with, or her approval or sponsorship of the user’s products or services, or that is likely to dilute any Marks is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on the Services are the property of their respective owners.
You may access, browse and use the Services only for your personal, non-commercial use, on a computer, mobile electronic device or other Internet-compatible device. Please contact your mobile carrier or Internet Service Provider for more information regarding charges for data and rates which may apply. You do not acquire any ownership interests in any of the Site Content or the Marks by accessing, browsing or otherwise using the Services. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Site Content or the Marks, except as may be allowed by law.
WARRANTY DISCLAIMER
This site, the Services, and the materials and products offered through the Services, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PACKAGED and Shop the Scenes disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PACKAGED and Shop the Scenes do not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the Services available are free of viruses or other harmful components. PACKAGED and Shop the Scenes do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
PACKAGED, Shop the Scenes, and their respective licensors shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, the Services, or the performance of the products, even if PACKAGED, Shop the Scenes, and/or their respective licensors has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a product is mistakenly listed at an incorrect price, PACKAGED and its partners, including order fulfillment partners, reserve the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. PACKAGED reserves the right to refuse or cancel any such orders regardless of if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PACKAGED or its designee shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION
These Terms are applicable to you upon accessing the Services and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by PACKAGED without notice at any time, for any reason. The provisions relating to Copyrights, Ownership, Disclaimer, Limitation of Liability, Indemnification and the terms in the section titled Miscellaneous shall survive any termination.
NOTICES
PACKAGED and/or Shop the Scenes may deliver notices to you by means of e-mail, a general notice on the Services, or by another reliable method using the contact information you have provided to PACKAGED.
USE OF SERVICES
You may only use the Services as provided herein. Harassment in any manner or form on the Services, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PACKAGED, Shop the Scenes, or other individual, entity, or representative, as well as other members or visitors on the Services, is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization. You also may not use the Services in violation of our or of any other person and/or entity’s intellectual property or other proprietary or legal rights, or of the rights of any third party. You may not use the Services in violation of any law, nor may you attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with, the Services. You may not use the Services to facilitate violations of these Terms or of the Privacy Policies.
FEES THAT YOU MAY PAY
Some of the Services require you to pay a fee, the details of which are available in various areas of the Services that allow you to purchase products or services. If you choose to join a mobile marketing list, please be aware that there are usually costs associated with receiving SMS or MMS messages, which are determined by your carrier. You should contact your carrier to determine the charges that may apply before you sign up to receive updates via SMS or MMS. If you wish to stop receiving such messages from us, at any time, simply write “STOP” in a reply to any message from us. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account (as defined below) or Your User Information (as defined below).
By submitting an order through the Services, you agree to pay in advance the price of the product(s) or service(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment made available to you (each, a “Method of Payment”). In order to make a payment, you must provide valid credit card and/or other billing information and authorize PACKAGED (or any third-party payment service provider engaged by PACKAGED) to charge your Method of Payment for all orders placed and accepted via the Services.
PACKAGED and/or Shop the Scenes may revise the pricing for products and services offered through the Services at any time. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees for products or services provided by us, Your Account may be closed and Your User Information may be disabled, without warning or notice, at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN ANY APPLICABLE POLICIES (AND INSOFAR AS APPLICABLE), YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT AND FOR PRODUCTS YOU PURCHASE, INCLUDING ANY UNAUTHORIZED CHARGES.
PACKAGED and/or Shop the Scenes may, from time to time, modify, amend or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Services.
PACKAGED and Shop the Scenes reserve the right to refuse or limit any order you place with us. PACKAGED and/or Shop the Scenes may also, in their sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same account, Method of Payment, email address, and/or using the same billing and/or shipping address. PACKAGED and Shop the Scenes also reserve the right to limit or prohibit orders that, in their sole judgment, appear to be placed by dealers, resellers or distributors. In the event PACKAGED and/or Shop the Scenes makes a change to or cancel an order, it will attempt to notify you by contacting the email address provided at the time the order was made. If PACKAGED and/or Shop the Scenes cancels all or any part of your order after your Method of Payment has been charged, it will refund the appropriate amount.
YOUR CONTENT AND YOUR ACCOUNT
PACKAGED and/or Shop the Scenes do not and cannot review all communications and materials posted to or created by users accessing the Services, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Services (“User Content”), PACKAGED and/or Shop the Scenes are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Services or the functionalities permitted by it. However, PACKAGED and Shop the Scenes reserve the right to block or remove User Content, including communications or other materials, that they or their designees determine in their sole discretion to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property rights of another, or (d) offensive or otherwise unacceptable.
Some of the Services are only available if you create an account. When any of the Services require you to open an account (“Your Account”) or to otherwise provide user or registration information, including user names and passwords (“Your User Information”), you must complete the registration process by providing Shop the Scenes and/or Packaged with complete, current, and accurate information and must update Your User Information to keep it complete, current, and accurate. By registering, you agree that you are fully responsible for all activities that occur under Your Account. Shop the Scenes and Packaged may assume that any communications they receive under Your Account have been made by you. You grant to Shop the Scenes and PACKAGED the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of and/or the provision of any of the Services. Our information collection and use policies with respect to the privacy of Your User Information are set forth in the Privacy Policies incorporated into these Terms by reference for all purposes. You agree that information submitted to Your Account will be transmitted to and shared with third parties that may be located in other countries in order for Shop the Scenes and Packaged to provide services to you, including, but not limited to, transaction processing and fraud prevention.
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify PACKAGED immediately, via e-mail to customerservice@packaged.com, of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches. You understand and agree that Shop the Scenes and PACKAGED may require you to provide information that may be used to confirm your identity and help ensure the security of Your Account.
Shop the Scenes and PACKAGED will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using Your Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and lawyers’ fees incurred by Shop the Scenes and/or Packaged, or a third party due to someone else using Your Account.
Shop the Scenes and Packaged each reserve the right to limit, block, suspend, or terminate Your Account in whole or in part or to refuse services to you, without notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, Shop the Scenes and/or PACKAGED will, in appropriate circumstances, permanently terminate Your Account and remove all of Your User Content from the Services. If appropriate, in their sole discretion, Shop the Scenes and/or PACKAGED may communicate to other users that Your Account has been terminated, blocked, and/or suspended, and why this action has been taken. You have the right to terminate Your Account at any time. You may terminate Your Account by following the instructions on the Services. Please note that if Your Account is terminated, neither Shop the Scenes nor PACKAGED shall have an obligation to delete or return to you any of Your Content.
Accounts terminated by Shop the Scenes or PACKAGED for any type of abuse, including without limitation, a violation of these Terms, may not be reactivated. Certain provisions of these Terms will still apply post termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PACKAGED, Shop the Scenes, and their respective partners and/or licensors (including Lions Gate Ancillary LLC (“Lionsgate”)), and all of their respective officers, directors, employees, agents, licensors, affiliate, parent and/or subsidiary companies, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your use of the Services (including but not limited to negligent or wrongful conduct) by you.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, the Services may link to sites operated by third parties, including, without limitation, Facebook, Instagram, iTunes, X (formerly Twitter), YouTube, etc. However, even if the third party is affiliated with Shop the Scenes or PACKAGED, neither Shop the Scenes nor PACKAGED has any control over these linked sites, all of which have separate privacy and data collection practices independent of Shop the Scenes and/or PACKAGED. These linked sites are only for your convenience and therefore you access them at your own risk.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You, Shop the Scenes, and PACKAGED agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section is intended to be interpreted broadly and governs any and all disputes between you, Shop the Scenes and/or PACKAGED, including but not limited to claims arising out of or relating to any aspect of the relationship between you and either or both of Shop the Scenes and PACKAGED, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to your use of the Services); and claims that may arise after the termination of these Terms or agreement to arbitrate. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small claims court claims, as provided below. You agree and acknowledge that Lionsgate and its affiliates, employees, contractors and agents shall have no liability to you in connection with the website, any mobile version(s) and/or successor site(s).
By agreeing to these Terms, you agree to resolve any and all disputes with Shop the Scenes and/or PACKAGED as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach the support department at info@hungergames.fan. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Shop the Scenes and PACKAGED, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution via the initial dispute resolution process within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including agreement formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of New York, United States of America. You further agree to submit to the personal jurisdiction of any federal or state court in New York, New York order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, any party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its or their intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for Your Account) written notice of your decision to opt out to info@hungergames.fan with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Service or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Shop the Scenes and PACKAGED will not be bound by them either.
Changes to This Section: Shop the Scenes and/or PACKAGED will provide thirty (30) days’ notice of any changes to this section by posting on this site, sending you a message, or otherwise notifying you when you are logged into Your Account. Amendments will become effective thirty (30) days after they are posted on this site or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of Your Account or the Service.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the State of New York, without regard to choice-of-law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Shop the Scenes and/or site operator PACKAGED products and/or services) shall be in the state or federal courts located in the State of New York. Any cause of action or claim you may have with respect to the Services (including but not limited to the purchase of Shop the Scenes and/or site operator PACKAGED products and/or services) must be commenced within one (1) year after the claim or cause of action arises. Shop the Scenes and/or PACKAGED’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. PACKAGED and/or Shop the Scenes may assign its rights and duties under this Agreement to any party at any time without notice to you.
ENTIRE AGREEMENT
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Services, including, without limitation, all other Additional Terms; provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us.
These Terms constitute the entire agreement between you and us, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Services and all matters relating to your access to, and/or use of, the Services except as expressly provided herein. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.
CONTACT US
If you have any questions about these Terms, please contact us at info@hungergames.fan.