Terms of Use

Section 1 – Introduction & Consent to Terms
Welcome to Rabbit Hole Pictures LLC’s (referred to herein as the “Rabbit Hole Pictures”, “we”, “us”, or “our”) Terms & Conditions of Use Agreement (referred to herein as the “Terms”, “Terms of Use”, “Terms of Service”, or the “Agreement”). Rabbit Hole Pictures was created to produce, finalize, distribute, sell, and/or finance various motion pictures and related products (the “Services”). We also sell various products related to the Services including DVD’s, blue-ray’s, and other products (the “Products”). Please read these Terms of Use before using Rabbit Hole Picture’s website, mobile application, or otherwise (the “Platform”), or the Services. By using our Platform and the Services, you agree to be bound by these Terms of Use.

These Terms apply to all users of the Platform, the Services, or users who purchase Rabbit Hole Picture’s movies. If you do not agree to these Terms, we ask that you please not use our Platform or the Services. Your use constitutes acceptance of these Terms.

Section 2 – Amendment
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to our site.

By continuing to use the Platform or our Services, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to an Agreement, you must discontinue using the Platform and use of our Services.

Section 3 – Copyright, Other Intellectual Property
The contents of the Rabbit Hole Pictures Platform and Services are protected by United States and international copyright laws. The contents of the Rabbit Hole Pictures Platform and Services are owned by or licensed to Rabbit Hole Pictures. You may not, and may not cause or encourage others to, reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by you or by third parties), publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Rabbit Hole Pictures Platform, or the Services (the “Intellectual Property”), without the prior written consent of Rabbit Hole Pictures. All rights not expressly granted in these Terms of Use are reserved to Rabbit Hole Pictures.

Rabbit Hole Pictures and its name, logos, etc. are trademarks or service marks (“Marks”) of Rabbit Hole Pictures, LLC. All rights in these Marks are reserved by Rabbit Hole Pictures. You may not use any Rabbit Hole Pictures-provided Marks or other logos or graphics, without Rabbit Hole Picture’s prior written consent, except that you have a license to use any Rabbit Hole Pictures Mark or logo included in, or required to be used in connection with any movies or other production(s) purchased, downloaded, or viewed through Rabbit Hole Pictures or its licensee(s).

Section 4 – Consumer License
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform, the Services, or other creations of Rabbit Hole Pictures. Rabbit Hole Pictures requires all individuals and/or organizations to secure written permission in the form of a “licensing agreement” for the broadcasting of Rabbit Hole Pictures movies, trailers, or otherwise. This may come in the form of a “licensing agreement” through a third-party website or directly on our website. Please contact Rabbit Hole Pictures at [email protected] for full licensing information.

If a product or Service created, sold, or distributed by Rabbit Hole Pictures, or third party is configured to enable the use of software, content, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in the United States such content, virtual item or other material for your personal, noncommercial use only, only for as long as that product or Service by Rabbit Hole Pictures is made available to you by us, or an authorized third party, and only in accordance with these Terms and/or the specific terms that apply to that product or Services, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform, in any media format or channel now known or hereafter devised.

This is a license agreement and not an agreement for sale or assignment of any rights in the Products or Services created by Rabbit Hole Pictures. You may own the physical media on which elements of the Rabbit Hole Pictures Products or Services are made available to you, but Rabbit Hole Pictures retains full and complete ownership of the Intellectual Property. The purchase of a license to use any product or Services of Rabbit Hole Pictures does not create an ownership interest in any of these Products, materials, or Services.

Any attempt to perform any of the restricted actions as listed in these Terms is a violation of the rights of Rabbit Hole Pictures.

Section 5 – Third Party Services
Rabbit Hole Pictures Services, Products, or otherwise may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. These third-party beneficiaries are not a party to this contract. You agree that your access to the Rabbit Hole Pictures Services or products using these third-party devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent and warrant that you have agreed to those terms and conditions.

Section 6 – Payment, Billing, Other
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.

Digital Content – When you purchase a license to access digital content, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel. License purchase fees paid for digital content are non-refundable.

Physical Goods – You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel the purchase and return goods purchased by you from the Website. This right does not apply to goods stated that are deemed non-refundable.

If you purchase our Services or creations from a third-party (like Amazon) you will also be bound by the terms and conditions set by the third-party company.

Section 7 – Technological Requirements
To enjoy the benefits of the Services and the Platform, you must meet certain technological requirements such as having access to the internet, and a robust smartphone and/or a computer.

Section 8 – Your Content
If you send submissions of any kind without a request from us, including ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions. By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions posted by you.

This clause will not apply to any contests operated or managed by Rabbit Hole Pictures, which are instead governed by the terms and conditions of the respective contest(s).

Section 9 – Third Party Links
Our Services, Platform and any content thereof may contain links to third-party web sites or services that are not owned or controlled by us. Rabbit Hole Pictures has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agrees that Rabbit Hole Pictures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. By using the Services and the Platform, you expressly waive us, our employees, agents, contractors, affiliates, successors and principals from all liability arising from your use of any third-party website.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Section 10 – Copyright Infringement
If you believe that your copyright has been infringed by Rabbit Hole Pictures, please immediately send us a notice to [email protected] and CC our agent listed below. We respond to notices of copyright infringement immediately and take any such allegations seriously. The reported content will be taken down within 24 hours of written notice, unless your request pertains to one of our feature films. In that case, we ask that you email our legal department at [email protected]. We hereby request mediation for any dispute over copyright infringement in one of our featured films.

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Attn: RHP Legal Department
Name: Ismael Gomez
Address: 955 SW 127 Ct, Miami, Fl, 33184
Email: [email protected]

Section 11 – Privacy
In order to operate and provide the best experience on the Platform, Rabbit Hole Pictures may collect certain information about you. You acknowledge that when you use the Platform and the Services, Rabbit Hole Pictures may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and Services. By using the Platform and Services, you consent to all reasonable actions taken by Rabbit Hole Pictures with respect to your information.

You also agree to be bound by our Rabbit Hole Pictures’ Privacy Policy.

Section 14 – Term & Errors
These Terms will remain active and in full force and effect so long as they are posted on our Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 15 – Disclaimer
The Services, the Platform and our products are provided ‘as is’ and, to the extent permitted by applicable law, Rabbit Hole Pictures and its directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and infringement. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the Platform or Services.

Section 16 – Limitation of Liability
It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with our Services.

We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.

WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF OUR PRODUCTS OR SERVICES OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

Section 17 – General Provisions
Entire Agreement. These Terms contains the entire agreement between you and us and there are no other promises or conditions other than in any purchase order with Rabbit Hole Pictures or those found with our third-party partners.

The failure of either Party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

You may not assign, pledge, delegate, or otherwise transfer any of his or her rights or obligations under this Agreement without Rabbit Hole Pictures prior written consent.

Nothing in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between you and us.

Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of Florida. Any dispute arising from this Agreement shall be subject to binding arbitration. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs.

All notices are recommended to be sent via email to [email protected] and mailed to 955 SW 127 Ct., Miami, FL 33184.

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Reservation of Rights. Rabbit Hole Pictures reserves the right to amend these Terms from time to time and at its sole discretion. You will be obligated to the provisions of each amendment of these Terms as if they were agreed to when made by way of continued use of the Platform and the Services. We recommend that you check the Terms periodically for updates.

Section 18 – Questions
If you have any questions or comments regarding these Terms, please feel free to contact us by email at [email protected].