©
2003 ICON ENTERTAINMENT INTERNATIONAL - TERMS & CONDITIONS - UPDATED
JUNE 12 2003
TERMS AND CONDITIONS
APPLICABLE TO THE USE OF THIS SITE
These terms and conditions contain important information about
your rights and obligations and you must read them carefully. |
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| 1. |
Introduction |
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| 1.1 |
The
following terms and conditions apply in respect of any use of any of the
websites (the "Icon Websites”) operated by the Icon group of
companies ("Icon" "we" or "us"). 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. By accessing or using the Icon Websites
you agree to be legally bound by these terms and conditions of use as they
may be modified and posted from time to time. If you do not wish to be bound
by these terms and conditions then please do not use the Icon Websites.
By accessing the Icon Websites you accept and agree to these terms and conditions
of use as they apply to your use of the Icon Websites. |
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| 2. |
Information
Displayed on Icon Websites |
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| 2.1 |
The Icon Websites are intended
to provide information about Icon, its films and other activities. 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 Icon Websites. |
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| 3. |
Availability
of Icon Websites |
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| 3.1 |
We reserve the absolute right
to alter, suspend or discontinue any aspect of the Icon Websites or the
services provided through it, 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 these terms and conditions. We will
endeavour to make the Icon Websites available but cannot guarantee that
the Icon Websites will operate continuously or without interruptions or
be error free. You must not attempt to interfere with the proper working
of the Icon Websites and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer system,
server, Icon Websites, router or any other internet connected device relating
to the functioning of the Icon Websites. |
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| 4. |
Your
User Information |
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| 4.1 |
The
following applies to any information you provide to us: |
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| 4.1.1 |
You authorise us to use, store or otherwise
process any User Information including but not limited to your name
and address to the extent reasonably necessary to provide the services
which are available through the Icon Websites, by us or our sub-contractors.
In addition, if you choose to buy merchandise through any of the Icon
Websites then we may collect information about your buying behaviour
and if you send us personal correspondence such as e-mails or letters
or post messages on the bulletin boards or in the chat areas (if any)
then we may collect such information into a file specific to you (together,
the various purposes set out in this paragraph shall be known as "the
Purposes"). By using the Icon Websites, you consent to such collection
and use by us. All such information collected by us shall be referred
to in these terms and conditions as "User Information". |
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| 4.1.2 |
You are solely responsible
for User Information and we may take any action with respect to your
User Information we deem necessary or appropriate if we believe it
may cause us to suffer any loss, liability or commercial damage. |
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| 4.1.3 |
The User Information you provide shall be accurate
and complete and all registration details (where applicable) shall
contain your correct name, address and other requested details. |
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| 4.2 |
By accepting these terms and
conditions, you freely consent to the processing and disclosure of the User
Information. You also agree that the Purposes for the processing may be
amended to include other uses or disclosures of User Information following
notification to you by means of a notice on the Icon 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 Icon Websites and related
business or if required to disclose such information by law. |
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| 4.3 |
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. |
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| 4.4 |
Certain non-User Information
of visitors to the Icon 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 visitor. |
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| 4.5 |
Some Icon 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 Icon Websites
that you have visited. |
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| 4.6 |
In addition, the following also
applies to all notes, messages, bulletin boards, postings, ideas, suggestions,
concepts or other material (if any) submitted by you to us ("Content"): |
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| 4.6.1 |
you must own or have the right to submit
Content for publication on the Icon Websites and all Content submitted
by you must be legal, honest, decent and truthful and comply with
all applicable laws, regulations, standards or codes of conduct; |
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| 4.6.2 |
you must ensure that all Content submitted to us
does not infringe the copyright, design, privacy, publicity, data
protection, trade mark or any other rights of any third party, nor
be obscene, abusive, threatening, libellous or defamatory of any person; |
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| 4.6.3 |
you must ensure that the Content does not advertise
or otherwise solicit for funds or is a solicitation for goods or services;
and |
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| 4.6.4 |
we have the right to monitor the Content and may
edit, reject or remove Content if we believe it does not comply with
the above. |
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| 4.7 |
All Content submitted to us will
become the property of Icon throughout the world except any portion of the
material that is User Information. You have sole responsibility for the
Content which you submit to us for publication on the Icon Websites and
you shall indemnify and shall keep us fully and effectively indemnified
on demand from and against all actions, claims, losses, liability, proceedings,
damages, costs, expenses, loss of business, loss of profits, business interruption
and other pecuniary or consequential loss (including legal costs and expenses)
suffered or incurred by us and arising directly or indirectly out of the
publication of material submitted by you to us. |
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| 5. |
Security
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| 5.1 |
You are solely responsible in
all respects for all use of and for protecting the confidentiality of any
email verification number and password which may be given to you or selected
by you for use on the Icon Websites. You may not share these with or transfer
them to any third parties. You must notify Icon immediately of any unauthorised
use of them or any other breach of security regarding the Icon Websites
which comes to your attention. |
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| 6. |
Applicability
of Online Materials |
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| 6.1 |
Unless otherwise specified, the
materials used by Icon (“Icon Materials”) on the Icon Websites
are presented solely for the purpose of entertaining and promoting films
and other products available in the territories for which Icon has the right
to use such materials. With respect to the Icon Websites:- |
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| 6.6.1 |
the Icon Entertainment International
and Icon Film Distribution Limited websites are controlled and operated
by Icon Entertainment International from its offices in London, United
Kingdom; |
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| 6.6.2 |
the Icon Film Distribution Pty Limited website is
controlled and operated by Icon Film Distribution Pty Limited from
its offices in Sydney, Australia; and |
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| 6.6.3 |
the Icon Productions LLC website is controlled and
operated by Icon Productions LLC from its offices in Los Angeles,
California, USA. |
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We make no representations that
the Icon Materials are appropriate or available for use in other locations.
Those who visit the Icon Websites from other locations do so on their own
initiative and are responsible for compliance with all applicable laws.
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| 7. |
Liability |
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| 7.1 |
The Icon Websites and all materials
and information thereon are provided on an "as is" 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 Icon Websites or any information or service provided through the
Icon 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 Icon 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. |
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| 7.2 |
You are responsible for ensuring
that your computer system meets all relevant technical specifications necessary
to use the Icon Websites and is compatible with the Icon Websites. You also
understand that we cannot and do not guarantee or warrant that any material
available for downloading from the Icon 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. |
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| 8. |
Copyright
and Monitoring |
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| 8.1 |
The contents of the Icon Websites
are 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 Icon Websites may be the trade
marks, service marks or trading names of their respective owners, including
iconmovies.com, iconmovies.co.uk, iconmovies.net, iconmovies.us, iconmovies.com.au,
iconfilmdistribution.com, iconfilmdistribution.net, icon-films.com, iconfilm.com.au,
iconfilmdistribution.co.uk, icon-entertainment.co.uk. 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 Icon Websites including but not limited to text, graphics, video, messages,
code and/or software without our prior written consent. |
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| 9. |
Linked
Sites |
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| 9.1 |
Icon makes no representations
whatsoever about any other website which you may access through the Icon
Websites or which may link to the Icon Websites. When you access any other
website you understand that it is independent from the Icon 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. |
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| 10. |
General
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| 10.1 |
We may assign or subcontract
any or all of our rights and obligations under these terms and conditions. |
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| 10.2 |
We may alter these terms and
conditions from time to time and post the new version on the Icon Websites,
following which all use of the Icon Websites will be governed by that version.
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| 10.3 |
If any provision or term of these
terms and conditions shall become or be declared illegal, invalid or unenforceable
for any reason whatsoever, such term or provision shall be divisible from
them and shall be deemed to be deleted from them. |
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| 11. |
Jurisdiction
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| 11.1 |
These
terms and conditions 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. |
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| 11.2 |
These
terms and conditions 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. |
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| 11.3 |
These
terms and conditions 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. |
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| 12. |
Notices |
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All
notices shall be given by e-mail to Icon 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. |
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