2. USE OF CONTENT. All information, materials, functions and other content (including Submissions) including, without limitation, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, movie reviews and synopses, movie theatre information and schedule information (“Content”) contained on SV Sites and the “look and feel” and arrangement of such Content, are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress (“Trademarks”) are proprietary to us and/or our licensors or licensees. Content and Trademarks are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. We may change the SV Sites or delete Trademarks, Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content or Trademark from any SV Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the SV Site, except that where an SV Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a commercial manner. Any business use, “re-mailing” or high-volume or automated use of SV Sites is prohibited.
In the event that we offer downloads of software (including applications) on an SV Site and you download such software, the software, including any files and/or Content incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
In the event that we provide a link to the iTunes store on or within an SV Site and you elect to receive a download and/or make a purchase from the iTunes store, you are responsible for all payments to iTunes in connection therewith.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an SV Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) such as prizes, coupons, screenfanz points or other value in games, sweepstakes, contests and promotions; and (b) that you Distribute on or through any SV Site for which you do not seek Consideration (such as in our Public Forums (as defined below in paragraph 6). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs 3(a) or 3(b) of this paragraph.
NO IMPLIED CONTRACT WITH RESPECT TO UNSOLICITED SUBMISSIONS.
We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore strongly discourage you from Distributing any Unsolicited Submission. In the event that you do, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
CONDITIONS RELATING TO ALL SUBMISSIONS.
Upon Distribution, unless otherwise expressly agreed, all Submissions automatically become our property throughout the universe and we shall be entitled, without compensation to any person, firm or other entity (“Person”), other than any stated Consideration for Solicited Submissions, to use the same in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you Distribute a Submission to us, it is original with you and accurate and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.
By using an SV Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any Submission you Distribute to an SV Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
4. LICENSES AND REPRESENTATIONS
To the extent that any Submission does not become the property of SV in accordance with paragraph 3 above, you hereby grant us and our licensees, licensors, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) universe-wide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, publicly perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on SV Sites, on third party web sites, on broadcast and cable networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other Person (the “Submissions License”).
To the extent that any Submissions you Distribute on or through SV Sites contain songs or recordings, you hereby represent that by your Distributing the same on or through the SV Sites, all musical compositions (including lyrics) and sound recordings contained in such Submissions are licensed to us (and our licensees, distributors, agents, representatives and other authorized users) for promotional consideration. Neither we nor any third party shall be required to make any payment to you or any third party for such license. By your Distributing the Submissions on or through the SV Sites you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recording contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through SV Sites (including games, sweepstakes, contests, promotions and Public Forums) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, then your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
5. ACCOUNTS. Some services on the SV Sites permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may be held liable for losses incurred by us or any other user of or visitor to an SV Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential. You shall not impersonate any Person or misrepresent your identity or affiliation with any Person, including using another Person’s username, password or other account information, or another Person’s name, likeness, voice, image or photograph. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission you Distribute on or through any SV Site or any service offered on or through any SV Site. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any SV Site. In addition, you agree to exit from your account at the end of each session.
6. PUBLIC FORUMS AND COMMUNICATION. “Public Forum” means an area, site or feature offered as part of any SV Site that offers the opportunity for users to Distribute Submissions for viewing by one or more SV Site users, including but not limited to a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and/or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any SV Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, movie reviews, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute, or Submissions which are Distributed by others.
7. RULES OF CONDUCT. The following Rules of Conduct apply to the SV Sites. By using the SV Sites, you agree that you will not Distribute any Submission that:
(a) (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another Person; (ii) is bigoted, hateful, sexist, homophobic, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any Person;
(b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
(c) infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without his/her express, written permission) or publicity; or (iii) any confidentiality obligation;
(d) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(e) contains a virus, Trojan Horse, worm, malware, spyware or other harmful component, or otherwise tampers with, impairs or damages the SV Sites or any connected network, or otherwise interferes with any Person’s use or enjoyment of the SV Sites; or
(f) (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
10. DISCLAIMERS. THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SV SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SV SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SV SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). RELIANCE ON ANY INFORMATION APPEARING ON AN SV SITE IS STRICTLY AT YOUR OWN RISK.
SV Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by our users.
The Content on SV Sites is intended for entertainment purposes only. Such Content is not intended to, and does not constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any Content included in, or accessible through, the SV Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to any SV Site, or any portion of any SV Site, for any reason; (b) to modify or change any SV Site, or any portion of any SV Site, and any applicable policies or terms; and (c) to interrupt the operation of any SV Site, or any portion of any SV Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (a) THE USE OF, OR THE INABILITY TO USE, ANY SV SITE OR CONTENT, OR (b) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN SV SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO SV FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SV SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO ANY SV SITES OR CHANGE THE SV SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Supply of goods, services and software through SV Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through SV Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.
16. CLAIMS OF COPYRIGHT INFRINGEMENT. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent: Screenvision Exhibition, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Screenvision Legal Department
Full Address of Designated Agent to Which Notification Should be Sent: 1411 Broadway, 33rd Floor, New York, New York 10018.
Telephone Number of Designated Agent: (212) 497-0400
Facsimile Number of Designated Agent: (212) 497-0500
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any SV Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
17. ATTRIBUTION AND NOTICES. The following provisions apply to certain third party Content made available on certain SV Sites. Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above.
Licensed Data from Tribune Media Services, Inc. (“TMS”) The SV Sites may contain movie capsule reviews and movie box office data, including but not limited to theatre locations, movie titles and showtimes, photographs and key art from TMS (collectively the “Licensed Data”) You shall not redistribute Licensed Data or create any derivative product from Licensed Data. Except as expressly provided in these terms and conditions, we do not grant you any rights or licenses in or to the Licensed Data, the related names and trademarks of TMS or any film studio, or associated components in connection with the Licensed Data. Without limiting the generality of the foregoing you shall not sublicense or resell the Licensed Data. You shall not edit, alter or modify the Licensed Data. Under no circumstances shall you strip the Licensed Data of attribution included in the Licensed Data. You may use the Licensed Data solely for your personal, non-commercial home use.
18. ADDITIONAL TERMS
The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device (“iOS App”):
(b) You agree that your use of our iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store terms of service.
(c) The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App.
(d) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
(e) You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
(h) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
Apple is neither a sponsor of any sweepstakes run through or on the SV Sites nor is Apple in any way involved with any such sweepstakes.
19. YOUR USE OF THE SV SITES. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any SV Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of any SV Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any SV Site. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of any SV Site, or any other systems or networks connected to any SV Site or to any of our servers, or to any of the services offered on or through any SV Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of any SV Site or any network connected to any SV Site, nor breach the security or authentication measures on any SV Site or any network connected to any SV Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to any SV Site, or any other Person, including any SV account not owned by you, to its source, or exploit any SV Site or any service or information made available or offered by or through any SV Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by any SV Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any SV Site or our or our licensees’ or licensors’ systems or networks, or any systems or networks connected to any SV Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any SV Site or any transaction being conducted on any SV Site, or with any other Person’s use of any SV Site.
|1.||Types of Information We Collect|
|We collect two basic types of information – Personal Information and Anonymous Information (as such terms are defined in paragraph 12 below) – and we may use Personal Information and Anonymous Information to create a third type of information, aggregate information (i.e. information about groups or categories of users, which does not identify and cannot reasonably be used to identify an individual user). We collect the following categories of information:
|2.||How We Collect Your Information|
|3.||Our Use of Your Information|
|We or an affiliate or contractor of ours will be the Data Controller for your information. Other companies affiliated with or under contract with us may have access to your information if they perform services on behalf of the Data Controller(s) (as a Data Processor) and, unless prohibited under applicable law, for use on their own behalf (as a Data Controller) for the following purposes:
|4.||Sharing Your Information with Others|
|We will not share your Personal Information outside of our affiliated companies except in limited circumstances, including:
Please note that once we share your Personal Information with another company, the information received by the other company becomes subject to the other company’s privacy practices.
|5.||Your Controls and Choices|
|We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include:
You may exercise your controls and choices, or request access to your Personal Information, by contacting firstname.lastname@example.org, or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact email@example.com.
|7.||Data Security and Integrity|
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect user information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. However, please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
|8.||Data Transfers, Storage and Processing and Global Access|
|9.||Consent to the Interface with Social Networking Sites.|
|11.||Comments and Questions|
The SV Sites may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave the SV Sites and to read the privacy policies of other sites that may collect your Personal Information.
Notice to California Residents:
Screenvision Exhibition, Inc.
1411 Broadway, 33rd Floor
New York, New York 10018
In your request, please specify the SV Site to which your request pertains.
Anonymous Information. Information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual user.
Application. Application means a program or service operated by us (or on our behalf) that may be displayed on various online, mobile or other platforms and environments, including those operated by third parties, which permits us to interact directly with our guests.
Data Controller. The data controller is our subsidiary or affiliated entity that is responsible for the Personal Information collected from the SV Sites.
Data Processor. A data processor is a person or entity that processes Personal Information on behalf of a Data Controller (or Data Controllers) and is permitted to perform data processing only as directed by the Data Controller(s).
Public Forums. The SV Sites may offer message boards, conversation pages, blogs, chat rooms, social community environments, profile pages, and other forums that do not have a restricted audience. If you provide Personal Information when you use any of these features, that Personal Information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party. To request removal of your Personal Information from a Public Forum on one of the SV Sites, please contact firstname.lastname@example.org.