| © 2009 ICON FILM DISTRIBUTION LIMITED - TERMS & CONDITIONS - UPDATED 1 MAY 2009 TERMS AND CONDITIONS OF USE AGREEMENT APPLICABLE TO THE USE OF THIS SITE THIS TERMS AND CONDITIONS OF USE AGREEMENT (THE "AGREEMENT") CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND YOU MUST READ IT CAREFULLY. THIS AGREEMENT IS ACCEPTED UPON YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES AND IS FURTHER AFFIRMED BY YOU BECOMING A MEMBER (IF APPROPRIATE). |
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| 1. | Introduction | ||||||||||
| 1.1 | The Agreement applies in respect of any use of any of the websites (the "Websites”) operated by the Icon group of companies ("Icon" "we" "us" or "our") (and "Website" means any one of them) including any website, mobile internet site or web address owned or operated by a member of the Icon group of companies as may link to this Agreement from time to time. The Icon group of companies includes Icon Entertainment International, Icon Film Distribution Limited (United Kingdom), Icon Film Distribution Pty Limited (Australia) and Icon Productions LLC. The services offered by us through the Website include any features, Content (as defined below), or applications offered or made available from time to time by us and/or our licensors in connection with the Website (collectively, the "Services"). The Content on the Website can include text, files, images, photos, video, sounds, musical works, or any other materials (collectively, "Content"). The Content may be owned by Icon (the "Icon Content"), by Users of the Websites (the "User Content") and third parties (the "Third Party Content"). |
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| 2. | Acceptance | ||||||||||
| 2.1 | This Agreement sets forth the legally binding terms for your use of the Services. By visiting the Websites or using the Services, and in consideration of Icon providing the Services to you, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you have not registered with the Website) or you are a "Member" (which means that you have registered with the Website). The term "User" refers to a Visitor or a Member. You are only authorized to view this Website and/or use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, and make use of the Services available only to Members (if available), you must read this Agreement and your registration indicates your further acceptance of this Agreement. | ||||||||||
| 3. | Information Displayed on the Website | ||||||||||
| Unless otherwise specified, the Content of the Website is presented solely for the purposes of entertainment and to provide information about Icon, its films and other activities in the territories for which we have the right to use such Content. With respect to the Websites: | |||||||||||
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| We make no representations that the Content of the Websites is appropriate or available for use in other locations. Those who visit the Websites from other locations do so on their own initiative and are responsible for compliance with all applicable laws. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, services and other information provided on the Websites. |
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| 4. | Availability of the Websites | ||||||||||
| 4.1 | We reserve the absolute right to alter, suspend or discontinue any aspect of the Website or the Services, including your access to it. Unless explicitly stated, any new features including the release of new services, software tools or resources shall be subject to the Agreement. We will endeavour to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device relating to the functioning of the Website. | ||||||||||
| 5. | Your User Information | ||||||||||
| 5.1 | The following applies to any information you provide to us: | ||||||||||
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| 5.2 | By your acceptance of this Agreement, you freely consent to the processing and disclosure of the User Information. You also agree that the Purposes may be amended to include other uses or disclosures of User Information following notification to you by means of a notice on the Website. If you would like to review or modify any part of your User Information then you should email us at admin@iconmovies.com. For the Purposes, we may transfer or disclose User Information to other companies, to our professional advisers and to such other parties as we consider necessary, in the administration of the Websites and related business or if required to disclose such information by law. | ||||||||||
| 5.3 | We may aggregate statistics, traffic patterns and related site information and disclose such aggregate data to third parties for marketing, advertising or other promotional purposes but such aggregate data will not include any User Information. | ||||||||||
| 5.4 | Certain non-User Information of visitors to the Websites is recorded by the standard operation of our servers, including but without limitation, the URL that you just came from, which URL you next go to, what browser you are using and your IP address. Such information is primarily used to provide an enhanced on-line experience for the User. | ||||||||||
| 5.5 | Some Websites may place a "cookie" in the browser files of each user's computer. A cookie lets the computer remember that you have registered, if applicable, and saves your passwords, purchases and preferences from the Websites that you have visited. | ||||||||||
| 6. | User Content / Unacceptable Content | ||||||||||
| 6.1 | Forums, bulletin boards, chat rooms or other interactive areas may be offered as part of the Services. Please choose carefully the information you post on the Websites and that you provide to other Users. You are solely responsible for the Content that you post on or through the Websites or via any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Content submitted by you to the Websites may not include the following items: last names, telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter including that set out at clause 9 below. | ||||||||||
| 6.2 | Despite the prohibition in clause 6.1, it is possible that Content provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. The views or opinions expressed in any User Content are those of the User and do not reflect the views or opinions of Icon. We do not endorse and have no control over User Content or any Third Party Content and make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit. If you become aware of misuse of the Websites or the Services by any person, please contact admin@iconmovies.com or click on the "Report" link next to any user generated Content. | ||||||||||
| 6.3 | We reserve the right, in our sole discretion, to reject or refuse to post any Content and to remove any Content from the Websites, whether or not the Content is offensive, illegal, violates the rights of any person or is expressly prohibited by this Agreement, with or without prior notice, and without liability.nt, sexually explicit or otherwise objectionable subject matter including that set out at clause 9 below. | ||||||||||
| 6.4 | Except to the extent which cannot be excluded or limited by law or regulation in respect of Content on the Websites, we assume no responsibility for monitoring the Websites or the Services for inappropriate Content or conduct. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of Icon. If at any time we choose, in our sole discretion, to monitor the Websites or the Services, except as required by law or regulation, we nonetheless assume no responsibility for the Content (other than Icon Content as defined above), no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. | ||||||||||
| 6.5 | Third Party Content included in the Website may include articles, commentaries or reviews by third party authors. Any such Third Party Content is provided for entertainment and information purposes only. You agree not to hold us responsible for the accuracy or content of any such Third Party Content irrespective of whether it is published on the Websites by any User, other licensors to Icon, by Icon or on behalf of Icon. We do not endorse the contents of any such Third Party Content and any views or opinions expressed therein are entirely those of the author and do not reflect the views or opinions of Icon. | ||||||||||
| 7. | Non-commercial Use | ||||||||||
| 7.1 | The Services are for the personal use of Users, or where specified, Members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by us. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited. Commercial advertisements and other forms of solicitation are prohibited. Legal action maybe taken for any illegal or unauthorised use of the Services or the Website. | ||||||||||
| 8. | Proprietary Rights in Content on the Website | ||||||||||
| 8.1 | The Icon Content is protected by international copyright laws and other intellectual property rights. The owners of these rights are Icon Entertainment International, Icon Film Distribution Limited, Icon Film Distribution Pty Limited and Icon Productions LLC (as appropriate) or other third party licensors. All product and company names and logos mentioned in the Websites may be the trade marks, service marks or trading names of their respective owners, including (but not limited to) iconmovies.com, iconmovies.net, iconmovies.co.uk, iconmovies.us, iconmovies.com.au, iconfilmdistribution.com, iconfilmdistribution.net, icon-films.com, iconfilm.com.au, iconfilmdistribution.co.uk, icon-entertainment.co.uk and www.preparetobescared.com. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Websites including but not limited to text, graphics, video, messages, code and/or software without our prior written consent. | ||||||||||
| 8.2 | We do not claim any ownership rights in the User Content that you post or email to the Website or via the Services. After posting or emailing your User Content to the Website or via the Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication ("posting") any User Content on or through the Website or via the Services, you hereby grant to us a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of User Content, transmission and distribution of User Content on and through the Website, the Services and/or any publication published by us in any form in any medium. You hereby waive any so called “moral rights” you may have in and to any User Content submitted by you. | ||||||||||
| 8.3 | You represent and warrant that: (i) you own the User Content posted by you on or through the Website or via the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your User Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any User Content posted by you to or through the Website or the Services. You acknowledge that User Content submitted will not be returned. | ||||||||||
| 8.4 | We prohibit use of the Websites and/or the Services by any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and via the Services by another User in a way that constitutes copyright infringement, please notify us via the "Report" link accompanying the User Content in question. We will take such action (if any) that we in our absolute discretion deem appropriate. | ||||||||||
| 8.5 | Except for User Content posted by you, you may not unless and to the extent otherwise specifically and explicitly authorised by us copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Websites or the Services. You may retrieve and display Content from the Websites or the Services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for your personal non-commercial use. | ||||||||||
| 9. | Content/Activity Prohibited | ||||||||||
| Prohibited Content/activity includes, but is not limited to that set out below. You agree not to do any of the following while using the Websites and/or the Services: | |||||||||||
| 9.1 | harass, stalk or otherwise abuse another User; | ||||||||||
| 9.2 | transmit, post, send, upload, distribute, submit or otherwise make available any Content that is false, harmful, threatening, abusive, tortious, defamatory, libellous, disparaging (including disparaging of Icon), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion); | ||||||||||
| 9.3 | transmit, post, send, upload, distribute, submit or otherwise make available any Content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party ; | ||||||||||
| 9.4 | transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications materials or equipment or this Website or that interferes with any third party's uninterrupted use and enjoyment of the Websites; | ||||||||||
| 9.5 | impersonate any person or entity, or otherwise disguise the origin of any Content transmitted through the Websites or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Websites for any reason; | ||||||||||
| 9.6 | transmit, post, send, upload, distribute, submit or otherwise make available through the Websites any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes; | ||||||||||
| 9.7 | violate any applicable local, national or international law, rule or regulation; or | ||||||||||
| 9.8 | collect, store and/or identify private or personal information of any User. | ||||||||||
| We reserve the right to investigate and take action against any User who, in our opinion, violates this provision, including without limitation, removing the offending Content from the Website or the Services, preventing access to the Websites and the Services and/or terminating the Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. | |||||||||||
| 10. | Member Disputes | ||||||||||
| You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. | |||||||||||
| 11. | Security of Membership Details | ||||||||||
| If you register as a Member with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. | |||||||||||
| 12. | Liability | ||||||||||
| 12.1 | The Websites and all materials and information thereon are provided on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Websites or any information or service provided through the Websites. To the fullest extent permitted by law we will not be liable to users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the Websites or its Contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Icon or our servants or agents, or any other person. Nothing in this Agreement shall be construed as limiting or excluding Icon's liability for death or personal injury caused by its proven negligence. | ||||||||||
| 12.2 | You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Websites and is compatible with the Websites. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. | ||||||||||
| 13. | Disclaimers | ||||||||||
| Icon is not responsible for any incorrect or inaccurate Content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Icon is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Icon assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. Icon is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Icon be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any Content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. Icon makes no representations or warranties of any kind as to the Website, the Services or the Content. In particular Icon expressly disclaims any warranty of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. Icon cannot guarantee and does not promise any specific results from use of the Website and the Services. | |||||||||||
| 14. | Indemnity | ||||||||||
| You agree to indemnify and hold Icon, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement. | |||||||||||
| 15. | Linking Policy | ||||||||||
| 15.1 | We make no representations whatsoever about any other website which you may access through the Websites or which may link to the Websites. When you access any other website you understand that it is independent from the Websites and that we have no control over the Content or availability of that website. In addition, a link to any other website does not mean that Icon endorses or accepts any responsibility for the Content, or the use of, such a website and shall not be liable for any loss or damage 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 site or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master. | ||||||||||
| 15.2 | You may link to this Website from another webpage only in accordance with the following rules: Links must be to the home page of this Website and in plain text, unless otherwise approved in writing by an authorized representative of Icon. Such link (in the opinion of Icon) must not actually or potentially damage, dilute or tarnish the goodwill associated with Icon or any of its business names, brands or intellectual property, or create the impression that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Icon. You may not "frame" this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libellous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, to terminate a link with any website for any reason and at any time. | ||||||||||
| 15.3 | We are not responsible for any User generated links or linked-to Content. We are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Icon. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Icon. When you access these third-party sites, you do so at your own risk. | ||||||||||
| 16. | Privacy | ||||||||||
| Use of the Websites and the Services is also governed by our Privacy Policy, found at http://www.iconmovies.co.uk/privacy.html which is incorporated into this Agreement by this reference. | |||||||||||
| 17. | Competitions and Prize Draws | ||||||||||
| We may from time to time run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time. | |||||||||||
| 18. | Advertising and Sponsorship | ||||||||||
| The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material and any responsibility for the goods or services provided by any advertisers. Please refer to our privacy policy for the use of cookies in relation to targeting potential advertisers. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Websites and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings. | |||||||||||
| 19. | Termination | ||||||||||
| We reserve the right to terminate membership and/or deny, restrict, suspend, or terminate your access to all or any part of the Websites or the Services in its sole discretion without any prior notice to you at any time for any reason or no reason at all. Such termination may occur where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Websites and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Websites or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the Services provided by the Websites or are otherwise acting in breach of the Agreement. | |||||||||||
| 20. | General | ||||||||||
| 20.1 | We may assign or subcontract any or all of our rights and obligations under this Agreement. | ||||||||||
| 20.2 | We may alter this Agreement from time to time and post the new version on the Websites, following which all use of the Websites will be governed by that version. | ||||||||||
| 20.3 | This Agreement constitutes the entire agreement between you and the Icon regarding the use of the Websites and the Services. | ||||||||||
| 20.4 | The failure of Icon to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. | ||||||||||
| 20.5 | If any provision or term of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from and shall be deemed to be deleted from this Agreement and does not affect the validity and enforceability of the remaining provisions which shall remain in full force and effect. | ||||||||||
| 21. | Jurisdiction | ||||||||||
| 21.1 | This Agreement in respect of your use of the websites of Icon Entertainment International (www.iconmovies.net) and Icon Film Distribution Limited (www.iconmovies.co.uk) shall be governed by laws of England and Wales and you accordingly submit to the exclusive jurisdiction of the English courts. | ||||||||||
| 21.2 | This Agreement in respect of your use of the website of Icon Film Distribution Pty Limited (www.iconmovies.com.au) shall be governed by the laws of New South Wales, Australia and you accordingly submit to the exclusive jurisdiction of the New South Wales courts. | ||||||||||
| 21.3 | This Agreement in respect of your use of the website of Icon Productions LLC (www.iconmovies.us) shall be governed by the laws of California, U.S.A. and you accordingly submit to the exclusive jurisdiction of the Californian courts. | ||||||||||
| 22. | Notices | ||||||||||
| 22.1 | All notices shall be given by e-mail to us at admin@iconmovies.com, or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or three (3) days after the date of posting. | ||||||||||