©
2003 ICON FILM DISTRIBUTION LIMITED - 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.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.
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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