Technicolor CineStyle Website Terms of Use

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1. Acceptance of Terms.

Welcome to the Technicolor CineStyle™ website (“CineStyle website”). By using or visiting our website, you acknowledge that you have read the following Terms of Use and that you agree to be bound by and subject to these Terms of Use as well as the applicable privacy policy which is hereby incorporated herein. If you do not agree to these Terms of Use, do not use the website. In these Terms of Use, “you” and “your” refers to you, the user of the website. Please read these Terms of Use carefully, as they may have changed since your last visit. These Terms of Use apply to all CineStyle services and features unless otherwise indicated.

The CineStyle website is generally available for individuals aged 18 or older.

2. Scope of Service.

Technicolor Creative Services USA, Inc. (the “Company” or “we”) maintains the CineStyle website as a service to the user community that visits the site subject to these Terms of Use. The term “website” includes all services and features available on technicolorcinestyle.com, including our online discussion forums and chat rooms. Users of the CineStyle website (“you”) are responsible for obtaining any equipment and Internet service necessary to access our website and for paying any fees for the equipment and service you select. We are constantly changing and improving the CineStyle website. We may add, modify or remove features or functionality at any time, in our sole discretion, with or without notice. The CineStyle website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

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.

Nothing contained on the CineStyle website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on the CineStyle website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the CineStyle website. Nothing contained on the CineStyle website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content that is not created and owned by the Company.

4. Applications.

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.

We do not warrant that the software provided by the Company (if any) to utilize the CineStyle website or any other software used in connection with the CineStyle website will be compatible with other third party software nor do we warrant that operation of the CineStyle website and the associated software will not damage or disrupt other software or hardware. In addition, you acknowledge that Devices are manufactured and sold by entities other than the Company. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE CINESTYLE WEBSITE AND/OR ANY SOFTWARE PROVIDED BY THE COMPANY. By using the CineStyle website, you agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the CineStyle website and/or the CineStyle software. Any issues related to the CineStyle website and/or the CineStyle software, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimer of Warranties and Limitations of Liability set forth in these Terms of Use.

6. Indemnification.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS CONTENT PROVIDERS, SUPPLIERS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, DAMAGES, LOSSES, FINES, COSTS AND EXPENSES OF ANY KIND OR NATURE (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST US OR THE CINESTYLE WEBSITE, RELATING TO OR ARISING OUT OF A BREACH OF ANY TERM OF THESE TERMS OF USE, MISUSE OF THE CINESTYLE WEBSITE OR UNAUTHORIZED MODIFICATION OR ALTERATION OF SOFTWARE FOR THE CINESTYLE WEBSITE, IN EACH INSTANCE BY YOU OR BY ANY USER WHOM YOU HAVE AUTHORIZED AND/OR FOR WHOM YOU HAVE CREATED A PROFILE.

7. Content Submitted by Users.

a. Accuracy. You may use the CineStyle website without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on the CineStyle website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. You acknowledge and agree to the collection, use and disclosure of data as described herein and in the Privacy Policy. 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.
c. Monitoring. We have the right to remove any material that the Company, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable, and you are solely responsible for the Content that you post to this website.

8. Standards of Conduct.

You agree to use the CineStyle website and/or Content, including all features and functionalities associated therewith, in accordance with the terms of this Terms of Use, all applicable laws, rules and regulations, including public performance limitation or other restrictions on use of the service or content therein. In addition, you agree to NOT:

  • 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.
    Company reserves the right, without prior notice and in its sole discretion, to decide whether you have violated these Terms of Use for any of the above reasons or for any other reason, and if CineStyle does so, whether to terminate your access to CineStyle.

9. Children.

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.

​a.​Restrictions. Except for the limited copyrights embodied in the CineStyle website that Company owns or has the right to license to you and only in compliance with and only as expressly provided in these Terms of Use in no event do these Terms of Use convey any intellectual property rights to you or any other person or entity. Product names are trademarks or registered trademarks of their respective owners.

You may need to use certain software programs and/or hardware to use CineStyle. Software provided to you in connection with CineStyle is in all cases subject to the license terms set forth in these Terms of Use or any supplemental license terms that may be imposed in connection with your access to such Software. Unless otherwise specified in such license, you may use such software solely in executable code form and solely in connection with your use of the CineStyle website. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use such software for other purposes is strictly prohibited.
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.

Except as specifically granted herein, (1) all rights to the Content are reserved by the owner of such Content, and (2) no right, title or interest in the Content is transferred to you. The Company reserves all rights not expressly granted under these Terms of Use.​

​c.​No Other Rights. Except as expressly set forth in these Terms of Use or other written agreement between you and the Company, no license or other right in or to the CineStyle website or Content are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

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:

  1. ​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.

  2. ​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.

  3. ​Your name, address, telephone number and (if available) e-mail address.

  4. ​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.

  5. ​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.

  6. ​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.ehret@technicolor.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.

12. Security.

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.

IN NO EVENT SHALL THE COMPANY, ITS LICENSORS OR ANY CONTENT PROVIDER BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE CINESTYLE WEBSITE, ANY CONTENT OBTAINED THEREFROM ORTHESE TERMS OF USE, EVEN IF THE COMPANY, ITS LICENSORS OR A CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COMPANY’S, ITS LICENSORS, AND/OR ANY CONTENT PROVIDER’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF USE OR FROM THE USE OF THE CINESTYLE WEBSITE OR ANY CONTENT OBTAINED THEREFROM, SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PURCHASE A LICENSE TO THE CINESTYLE SOFTWARE (IF ANY) DIRECTLY LICENSED BY THE COMPANY TO YOU FROM THE CINESTYLE WEBSITE DURING THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM. FURTHER, WE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE OR PERSONAL INJURIES OR DEATH CAUSED BY THE USE OF THE CINESTYLE WEBSITE, THE COMPANY’S USE OF DATA GENERATED THROUGH USE OF THE CINESTYLE WEBSITE OR BY ANY ERRORS, DELAYS OR FAILURES OF THE CINESTYLE WEBSITE.

16. Exclusions.

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.

You may not assign or transfer these Terms of Use in whole or in part to any third party. The Company may assign these Terms of Use and any of its rights hereunder in whole or in part to any third party. These Terms of Use shall bind and inure to the benefit of the parties to this agreement and their respective successors, permitted transferees, and permitted assigns.

21. Independent Contractors.

The Company and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.

22. Termination.

You can stop using the CineStyle website at any time. Also, we may change, suspend, or discontinue any use of the CineStyle software or the CineStyle website, or a particular functionality or feature thereof, at any time. You acknowledge and agree that we may do so in our sole discretion. You also acknowledge and agree that we will not be liable to you for any modification, suspension, or discontinuance of the CineStyle website, Content, and/or CineStyle software. Under no circumstances will you be entitled to a refund for your inability to have continued access to the CineStyle website or Content. The Company may terminate these Terms of Use, or terminate or restrict your use of the CineStyle website and/or Content, with or without notice, at any time and for any reason or for no reason.

23. Enforcement.

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of California, United States of America, excluding: (i) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to these Terms of Use shall be brought before and finally resolved by arbitration before a single arbitrator conducted in the English language in Los Angeles, California, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You consent to the exclusive jurisdiction of the AAA and to the service of process by mail outside the State of California in any such matter so to be submitted to it. You and the Company shall appoint as sole arbitrator a person mutually agreed by you and the Company or, if you and the Company cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, the Company shall be entitled to seek injunctive relief, security or other equitable remedies from any other court of competent jurisdiction. YOU AND THE COMPANY 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. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If either of the foregoing two sentences is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Content Providers are third-party beneficiaries of the Terms of Use and may enforce these Terms of Use at law or in equity, to the same extent as if such Content Providers were a party to these Terms of Use.​

24. Headings; Severability.

The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

25. Entire Agreement/Modifications.

These Terms of Use, together with the Privacy Policy, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written), and cannot be amended except as follows: the Company may make modifications, deletions and/or additions to these Terms of Use (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the CineStyle website user interface, is sent to your e-mail address or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms of Use incorporating the Changes, whichever comes first.

26. For Additional Information.

If you have any questions about these Terms of Use, please contact cinestyleinfo@technicolor.com.

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.