MIRAMAX CAFE - TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MIRAMAX SITE. By using the Miramax Site, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the Miramax Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Miramax Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any Miramax Site are the copyrighted property of Miramax Film Corp., or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Miramax Film Corp. or its affiliates. No material from any Miramax Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any Miramax Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us.

In the event you download software from any Miramax Site, the software, including any files, images 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, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

SUBMISSIONS

We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, or e-mail function offered as part of any Miramax Site. If you participate in any Forum within a Miramax Site, you must not:
  • defame, abuse, harass or threaten others;
  • make any bigoted, hateful or racially offensive statements;
  • advocate illegal activity or discuss illegal activities with the intent to commit them;
  • post or distribute any material that infringes and/or violates any right of a third party or any law;
  • post or distribute any vulgar, obscene, discourteous or indecent language or images;
  • advertise or sell to, or solicit others;
  • use the Forum for commercial purposes of any kind;
  • post or distribute any software or other materials which contain a virus or other harmful component; or
  • post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.


It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any Miramax Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

CONTENT LINKED TO ANY MIRAMAX SITE

Please exercise discretion while browsing the Internet using any Miramax Site. You should be aware that when you are on a Miramax Site, you could be directed to other sites that are beyond our control. There are links to other sites from Miramax pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Miramax Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Miramax Sites may send cookies to users that we do not control.

We reserve the right to disable links from third party sites to any Miramax Site.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a Miramax Site.

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While Miramax strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

DISCLAIMER

THE MATERIALS IN THIS MIRAMAX SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MIRAMAX SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MIRAMAX SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MIRAMAX SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Miramax Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Miramax Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Search and Directory are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.

CREDIT CARDS

Miramax takes the issue of your privacy seriously. We provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants.

SUBSCRIPTIONS/BILLING

In the near future, some services offered on Miramax Sites will be subscription based services. If you open a subscription based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.

Miramax agrees that it will terminate Customer's account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, but Customer will still be obligated to pay any other charges incurred. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any Miramax account, Customer agrees that Miramax can charge these unpaid fees to their credit card.

Please Note: Your Subscription will be automatically renewed and your credit card account will be charged as follows:
  • Every Month for Monthly Subscriptions
  • Upon every one(1) year anniversary for Annual Subscriptions
  • Upon every six (6) Months for six (6) Month Subscriptions

The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by the Miramax site. Customer will have forty-five (45) days after the date that any renewal fee is posted to Customer's charge account to give notice that he or she wishes to cancel his or her subscription. The subscription will be cancelled upon receipt of such notification and a credit will be posted to Customer's charge account equal to the latest renewal fee charged.

Customer's right to use the Service is subject to any limits established by Miramax or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned for any reason, including chargeback, Miramax reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of Miramax hereunder.

If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the Miramax of the problem to avoid possible liability for any unauthorized charges to Customer's account.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MIRAMAX SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MIRAMAX SITE.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any Miramax Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. Miramax.com is controlled and operated by Miramax Film Corp. and its affiliates. We make no representation that materials on any Miramax Site are appropriate or available for use in any particular location. Those who choose to access a Miramax Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all Miramax Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all Miramax Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Miramax Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise.

GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We may give notice to our users by means of a general notice on any Miramax Site, electronic mail to a user's e-mail address on our records, or by written communication sent by first class mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Notification must be submitted to the following Designated Agent:
  • Service Provider(s): Infoseek Corporation and WDIG
  • Name of Agent Designated to Receive Notification of Claimed Infringement: Laurence J. Shapiro
  • Full Address of Designated Agent to Which Notification Should be Sent: 500 South Buena Vista Street, Burbank, CA 91521-7710
  • Telephone Number of Designated Agent: (818)623-3200
  • Facsimile Number of Designated Agent: (818)623-3637
  • Email Address of Designated Agent: designated.agent@dig.com
  • Email Address of Designated Agent for ESPN.com:http://espn.go.com/sitetools/s/terms.html


To be effective, the notification must be a written communication that includes the following:
  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Associated Press ("AP") text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

S&P ComStock, Inc. ("Comstock") and Standard & Poor's Investment Advisory Services, Inc. ("SPIAS" and, together with Comstock, referred to herein as "S&P"). All information provided by Comstock, SPIAS (through its S&P Personal Wealth service) and their affiliates (collectively, the "S&P Information") on this site is owned by or licensed to such entities and you are permitted to store, manipulate, analyze, reformat, print and display the S&P Information only for your personal use. In no event shall you publish, retransmit, redistribute or otherwise reproduce any S&P Information in any format to anyone, nor shall you use any S&P Information in or in connection with any business or commercial enterprise, including, without limitation any securities, investment, accounting, banking, legal or media business or enterprise. All information supplied by Comstock is displayed on a minimum fifteen (15) minute delayed basis. Prior to the execution of a security trade based upon such information, you are advised to consult with your broker or other financial representative to verify pricing information. You should consult with your advisors, including your financial and tax representatives, before making any investment decisions. Neither S&P nor its affiliates make any express or implied warranties (including without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding the S&P Information. The S&P information is provided to users "as is". Neither S&P nor its affiliates will be liable to you or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the S&P Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

Dow Jones. The Dow Jones Averages (sm) and The Dow Jones Indexes are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones Averages (sm) and The Dow Jones Global Indexes (sm) (c) 1997 Dow Jones & Company, Inc. All Rights Reserved. "Dow Jones(sm)," "The Dow Jones Indexes(sm)," "The Dow Jones Averages(sm)," "Dow Jones Industrial Average (sm)," "DJIA(sm)," "Dow Jones Transportation Average(sm)," "DJTA(sm)," "Dow Jones Utility Average (sm)," DJUA(sm)," "Dow Jones Composite Average(sm)," "The Dow Jones Global Indexes(sm)," "DJGI(sm)" and names of the component indexes of The Dow Jones Global Indexes are famous, well-known and internationally recognized trademarks of Dow Jones & Company, Inc. and have been licensed for use by certain WDIG Sites.

NASDAQ Stock Market. All NASDAQ information is displayed on a twenty (20) minute delayed basis and is not Real-Time information.

Media General Financial Services. Media General bases its data input on sources believed by it to be reliable and will endeavor to ensure that the data contained in the licensed Media Data are complete, accurate and timely. However, Media General does not represent, warrant or guarantee such completeness, accuracy or timeliness, and it shall have no liability of any kind whatsoever to users or any party on the account of any incompleteness of, inaccuracies in or untimeliness of the Media Data provided or for any delay in reporting such data. Media General expressly disclaims all warranties of fitness of the Media Data, and computations and analyses thereof, for a particular purpose or use. With regard to the subject matter of this paragraph, in no event shall Media General have any liability of any kind for any damages even if notified of the possibility of such damages. Except for Media General's warranties and representations that it does not infringe any intellectual property rights of any third parties, there are not express or implied warranties of any kind with respect to the data provided herein.

Business Wire. All of the Business Wire news releases are protected by copyright and other applicable laws, treaties and conventions. Information contained in such releases is furnished by Business Wire's suppliers/members, who are solely responsible for their content, accuracy, and originality. All reproduction, other than for an individual user's personal reference, is prohibited without prior written permission.

Reuters content is the intellectual property of Reuters Limited. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any actions taken in reliance thereon.


2002 Miramax Film Corp. All rights reserved.