1. Acceptance of Terms.
The CineStyle website is generally available for individuals aged 18 or older.
2. Scope of Service.
3. Website Content.
Users have a personal, non-transferable, non-exclusive right to access the Content of the CineStyle website subject to these terms and conditions. The term “Content” means all information, text, images, data, links, software, or other material which are contained on and only accessible through the website, whether created by us or provided by another person for display on the CineStyle website.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print only the Content that is created and owned by Company, to the extent that such Content is made available through the CineStyle website, subject to the following conditions:
a. Such Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b. Such Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
d. The CineStyle website may provide you with the ability to purchase software licenses from the Company. Any such software is governed by a separate end user license agreement that must be accepted by you prior to your access to such software. In no event shall you have any rights to use any software unless you agree to the terms of the applicable end user license agreement.
You may encounter third-party applications (including, without limitation, applications, services, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the CineStyle website. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, in your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to, import, gather and/or pull information from and to your account on the CineStyle website. Third parties offer these Applications solely as a convenience to you, and the Company is not responsible for and does not endorse the content or functionality of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY THE COMPANY. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your CineStyle website account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Company has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold the Company harmless for the sharing of information that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your CineStyle account information with, through or by any other means identified on, an Application. In addition, the Application's end user license agreement, terms of service, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your CineStyle website account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not the Company. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
5. Devices & Compatibility.
7. Content Submitted by Users.
b. Liability. We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to the CineStyle website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the CineStyle website.
8. Standards of Conduct.
- post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which CineStyle considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, excessively violent, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity;
- introduce viruses, worms, Trojan horses and/or harmful code to the CineStyle website or CineStyle software or on the Internet;
- display material that exploits children under 18 years of age;
- post any material that, infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
- impersonate any other person, including but not limited to, a customer, supplier, CineStyle official, expert, guide or host;
- post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's/guardian’s consent in case of a child under 18 years of age);
- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors or promotion of raffles or contests;
- intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the CineStyle website or in connection with your use of the CineStyle website or Content, in any manner;
- invade the privacy or violate, misappropriate or infringe any personal or proprietary right (including intellectual property rights) of any person or entity;
- collect, save or otherwise download content from the CineStyle website or Content using automated means such as bots, robots or scrapers; or
- use or allow others to use the CineStyle website or Content in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 18. We do not knowingly solicit personal information regarding children under age 18.
10. Intellectual Property Rights.
THE CINESTYLE WEBSITE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
b.Content Ownership & Restrictions. You agree that the CineStyle website is proprietary to the Company and that the Company and/or its licensors retain exclusive ownership of the intellectual property rights relating to the CineStyle website, including all modifications, enhancements, derivatives, and other materials relating to the CineStyle website, and all copies thereof. You further agree that the Content you access and view as part of the CineStyle website is owned and controlled by the Company or the Company’s licensors. Your use of any software or any copy thereof is subject to the applicable license agreement, and you have no ownership rights in or to the CineStyle website or Content, notwithstanding the use of terms “purchase,” “sale” and “rental.” You further understand and agree that the Content may be licensed by the Company from Content providers. Copyrights in such licensed Content are owned by or licensed to such Content providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Such Content may only be used for personal, non-commercial purposes. You may not edit, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or use any Content in any advertising or promotional materials, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the providers or owners of the Content is prohibited.
d.User-Submitted Content. We do not claim ownership of Content submitted by users without compensation by the Company and with the expectation that such Content will be made publicly accessible through the CineStyle website. If you provide any feedback, comments, improvements or other suggestions (collectively, “Suggestions”) to the Company regarding the CineStyle website, you hereby grant to the Company a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable license, with right to grant sublicenses, to license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform or display, and exploit and distribute the Suggestions in connection with CineStyle and any other products or services. This license shall remain in effect until we delete the Content from our systems.
11. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials accessible on or from the CineStyle website infringe your copyright, you may request removal of those materials (or access thereto) from the website by contacting our copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to CineStyle is as follows: Meggan Ehret, Esq., 101 W. 103rd St., Indianapolis, IN 46290, telephone: 317-587-4966, fax: 317-587-9638 e-mail: Meggan.email@example.com
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of the CineStyle website who are repeat infringers.
When you register to participate in any discussion forum, promotion, or other service offered on this website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
13. Limited Warranty.
You represent that you have the legal power to enter into these Terms and Conditions.
14. Disclaimer of Warranty.
YOU UNDERSTAND AND AGREE THAT THE CINESTYLE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTY THAT THE CINESTYLE WEBSITE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO DOWNLOAD, COPY, STORE, RECORD, VIEW OR TRANSFER ANY PARTICULAR CONTENT, OR THAT THE CINESTYLE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CINESTYLE WEBSITE (INCLUDING ANY THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE CINESTYLE WEBSITE WILL BE CORRECTED OR THAT THE SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE, SOFTWARE OR SERVICE. THE COMPANY DOES NOT WARRANT THAT THE CINESTYLE WEBSITE OR RELATED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. THE COMPANY ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR HARDWARE OR SOFTWARE. THE COMPANY AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE CINESTYLE WEBSITE OR RELATED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OR LIMITATION OF CERTAIN WARRANTIES, SO CERTAIN OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE ABOVE PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
15. Limitation of Liability.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; IN SUCH CASE, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
17. Links to Third-Party Websites.
The CineStyle website may contain links to non-CineStyle websites or services. These links are provided to you as a convenience, and the Company is not responsible for the content or functionality of any linked website or service. Any non-CineStyle website or service accessed from the CineStyle website is independent from CineStyle and the CineStyle website, and the Company has no control over the content of that website or service. By accessing these links, you agree that you will comply with the linked website’s policies and procedures.
18. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by the Company of that third party or of any product or service provided by a third party. Likewise, a link to any non-Company website does not imply that we endorse or accept any responsibility for the content or use of such a website. Company does not endorse, warrant or guarantee any product or service offered by any third party through this website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
19. Export Restrictions.
The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. No software or technology from the website may be exported, in any way, in violation of United States law.
20. Jurisdiction and Assignment.
We make no representation that information on the CineStyle website is appropriate or available for use outside the United States. Those who choose to access the CineStyle website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
21. Independent Contractors.
The Company and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.
24. Headings; Severability.
25. Entire Agreement/Modifications.
26. For Additional Information.
California Residents: If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
Copyright © 2012, Technicolor Creative Services USA, Inc. All Rights Reserved.