CINERAMA.COM TERMS OF USE AND PRIVACY POLICY
Cinerama.com Terms of Use
Except as otherwise provided in a written agreement signed by Entertainment Properties Inc. these Terms of Use represent the entire understanding between you and Entertainment Properties Inc. and its affiliates (collectively, "EPI") regarding your use of www.cinerama.com (the "Site") and your submission of any materials to EPI. EPI is providing you access to the Site subject to these Terms of Use and the cinerama.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
EPI reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Personal and Non-Commercial Use Only
Unless otherwise specified in writing by EPI, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site.
Disclaimer
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. EPI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, EPI DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL EPI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF EPI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPI’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
Links
The Site may contain links to other websites that are owned and operated by someone other than EPI. EPI provides these links solely as a convenience. The appearance of a link does not imply EPI’s endorsement, nor is EPI responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL EPI BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
Third Party Advertisers; Purchase of Products from Amazon.com
EPI allows third parties (including advertisers) to serve content and/or ads to visitors on our Site. Amazon.com advertises certain products for sale on the Site that can be purchased by linking to the Amazon.com website through the Site. Collection of information by these third parties is as described in the Privacy Policy. When you purchase products from Amazon.com, the purchase is governed solely by the Amazon.com terms of sale, privacy practices and other terms and conditions of the Amazon.com website. EPI is not responsible for any aspect of such purchase or the collection of any personal information necessary to complete such transaction. EPI does not endorse any of the products of its advertisers including, without limitation, Amazon.com and is not responsible for the effectiveness of any such product or service. No affiliation, partnership or sponsorship exists between Amazon.com and EPI.
Eligibility
You must be 18 years or older to use the Site.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. EPI controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Submissions
EPI does not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.
Except as otherwise agreed by EPI in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to EPI, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and EPI will have no nondisclosure obligations or use prohibitions related to the Submissions. EPI does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting EPI, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of EPI’s businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
EPI reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in EPI’s sole discretion.
No Unlawful or Prohibited Use; Indemnity
You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any EPI server or the network(s) connected to any EPI server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means. You will indemnify, defend and hold harmless EPI, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
General Proprietary Rights
The Site is owned by EPI and contains material that is derived in whole or in part from EPI and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without EPI’s express written permission.
Copyright
All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of EPI, or EPI’s content suppliers and licensors, and are protected by U.S. and international copyright laws. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines.
Trademarks
CINERAMA®, EXPERIENCE CINERAMA™, the CINERAMA® Box Logo, WE’VE BROUGHT IT BACK AND TAKEN IT BEYOND™, and A STARTLING NEW WORLD OF ENTERTAINMENT™ and all logos, designs and symbols associated with such terms are trademarks of EPI and/or its affiliates. They may not be used in connection with any product or service other than those offered by EPI or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits EPI or its affiliates. All other trademarks are the property of their respective owners.
Notice of Potential Infringement
Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to info@seattlecinerama.com.
Applicable Law
EPI operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.
Termination
These Terms of Use shall remain in force until terminated by EPI. EPI may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that EPI, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue shall survive the termination of these Terms of Use.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
All rights not expressly granted herein are reserved
Last updated: April 29, 2006
Cinerama.com Privacy Policy
This Privacy Policy discloses the online privacy practices for Entertainment Properties Inc. and its affiliates (collectively, "EPI") and applies to the information we collect through www.cinerama.com (the "Site"). By accessing and/or using the Site, you are consenting to the collection, storage, and disclosure of data as described in this Privacy Policy.
EPI reserves the right, at any time, to modify, alter, update, or remove portions of this Privacy Policy. We will post any changes to this Policy on this page so you can readily review the most current version. We will alert you that changes have been made by indicating on the bottom of this Privacy Policy the date it was last updated. We encourage you to periodically review this Privacy Policy to stay informed about how EPI is helping to protect the personal information we collect. Your continued use of this Site constitutes your agreement to this Privacy Policy and any updates.
Your IP Address
An Internet Protocol (IP) address is a number that is automatically assigned to your computer every time you browse the Internet. When a user requests a page from the Site, our servers will log the user's current IP address. We use IP addresses to help diagnose problems with our servers and to administer the Site.
Cookies
The Site is developed using Active Server Pages (ASP), and we use per-session "cookies" (pieces of data your browser stores in your computer's memory at EPI’s request) to establish user sessions on our server. We use the cookies to carry information about usage from page to page through the Site. EPI does not use cookies to retrieve personal information about you from your computer. Use of cookies by third-party content providers is set forth below.
Most browsers are set up to accept cookies, but you can usually change your browser settings to refuse them. If you disable cookies, your browser may experience some erratic behavior on some portions of the Site.
Links
This Privacy Policy applies only to information collected by EPI. Other Web sites (including those that we may link to) may have their own policies. EPI has no responsibility for or control over the information-collection practices of such third party Web sites and EPI and its affiliates do not recommend and do not endorse the content on any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Third Party Advertisers; Purchase of Products from Amazon.com
EPI allows third parties (including advertisers) to serve content and/or ads to visitors on our Site. These third parties may collect and use information about your visits to this Site and may place or recognize cookies on your browsers in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. These third parties may also crawl or monitor the Site for the purposes of ensuring the quality of the links. EPI does not endorse any of the products of its advertisers and is not responsible for the effectiveness of any such product or service. Amazon.com advertises certain products for sale on the Site that can be purchased by linking to the Amazon.com website through the Site. When you purchase these products from Amazon.com, the purchase is governed solely by the Amazon.com terms of sale, privacy practices and other terms and conditions of the Amazon.com website. EPI is not responsible for any aspect of such purchase or the collection of any personal information necessary to complete such transaction. EPI does not endorse the products offered by Amazon.com. No affiliation, partnership or sponsorship exists between Amazon.com and EPI.
Protection of Children’s Personal Information
The Site is a general audience site and does not knowingly collect any personal information from children.
Use of Submission Information
Any information we collect through the Site (including, without limitation feedback regarding the Site or any comments, ideas and suggestions you provide) is referred to in this Privacy Policy as "Submission Information." As described in our Terms of Use, EPI does not accept or collect Submission Information on a confidential or proprietary basis. Consequently, we are free to use Submission Information for any purpose whatsoever.
Please Note: We do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.
Disclosures to Third Parties
Because EPI does not accept or collect Submission Information on a confidential or proprietary basis, from time to time EPI may disclose your Submission Information to third parties, including, without limitation, our consultants, our representatives and our affiliated companies.
Disclosures for Legal Reasons
EPI will also disclose Submission Information when it believes, in its sole discretion, that the law requires such disclosure or that such disclosure is necessary to comply with the law; protect and defend the rights or property of EPI or others; or act under exigent circumstances to protect the personal safety of the public or the users of the Site.
How to Contact Us
If you have any questions about this Privacy Policy, please e-mail us at info@seattlecinerama.com.
Last updated: April 29, 2006
