Welcome to Miramax.com, a Miramax Film NY, LLC ("Miramax") Web site (our "Site"). Thank you for visiting, and we know that the interactive media on our Site will provide you with many engaging and entertaining opportunities to explore all that is Miramax.
This Site is controlled and operated by Miramax Film NY, LLC, located at 2540 Colorado Avenue, Suite 100E, Santa Monica, California 90404. Please forward any comments or complaints about our Site and any questions regarding privacy or legal matters to firstname.lastname@example.org.Your Registration
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be true and accurate. To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Miramax believe the details are not correct, current, or complete, we have the right to refuse you access to our Site, or any of its resources, and to terminate or suspend your account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
This Site and materials incorporated and/or made available by streaming and/or download by Miramax on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Miramax on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Miramax or others ("Trademarks"). Miramax respects the intellectual property rights of others and asks users of this Site to do the same.Your Use of Material
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Miramax. Any authorization to copy Material granted by Miramax in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the Material or code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Our Sites may link to and/or contain advertisements about non-Miramax owned or controlled Web sites or other Internet or mobile resources. You acknowledge and understand that Miramax does not endorse or sponsor such other third party Web sites or other Internet resources and Miramax EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES.Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. OUR SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUR SITE, MIRAMAX AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF MIRAMAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIRAMAX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIRAMAX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN OUR SITE OR ANY WEB SITES LINKED TO OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MIRAMAX MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN OUR SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MIRAMAX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.Limitation of Liability
Miramax DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, OUR SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF MIRAMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF MIRAMAX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Specifically, Miramax assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site (or any parts thereof); (iii) any unauthorized access to or use of Miramax's secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from our Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any Invited Submissions (hereinafter defined)and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of our Site and/or otherwise through your or any other Site users' exercise of any rights under any of the Licenses granted by Miramax herein. Miramax reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of our Site (including, without limitation any of our Site Services).Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF MIRAMAX, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES, ASSIGNS OR CONTENT PROVIDERS. MIRAMAX DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF MIRAMAX. MIRAMAX MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN MIRAMAX'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE._subscript Blog
MIRAMAX MAY POST CONTENT INCLUDING ARTICLES, PHOTOS, VIDEOS, TEXT EXCERPTS, QUOTES OR OTHER CONTENT ("BLOG CONTENT") IN THE _subscript SECTION OF THIS SITE THAT INCLUDES VIEWS AND/OR OPINIONS. THE VIEWS AND/OR OPINIONS EXPRESSED IN THIS BLOG CONTENT ARE NOT NECESSARILY THOSE OF MIRAMAX OR OUR AFFILIATES AND OUR INCLUSION OF THIS BLOG CONTENT ON OUR SITE DOES NOT IN ANY WAY IMPLY AGREEMENT OR SUPPORT OF THE OPINIONS AND/OR VIEWS EXPRESSED THEREIN.Submissions, Postings and E-mails
Miramax is interested in hearing from you regarding your questions or comments about our Site. However, Miramax does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send unsolicited submissions to any member of Miramax.
In any event, any material you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to our Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Miramax) or privately transmitted on or through this Site are the sole responsibility of the sender, not Miramax, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at Miramax require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via our Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a 'pyramid' or similar scheme;
(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by Miramax anywhere on this Site (e.g., on any web space made available for your use).
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO MIRAMAX ANY OWNERSHIP RIGHTS IN AND TO YOUR INVITED SUBMISSIONS, PROVIDED, HOWEVER, THAT MIRAMAX WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF ANY OF THE MIRAMAX LICENSED ASSETS (IF ANY) INCLUDED IN YOUR INVITED SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR INVITED SUBMISSIONS YOU ARE GRANTING TO MIRAMAX THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE MIRAMAX TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR INVITED SUBMISSIONS.
You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your Invited Submissions, and (b) Miramax may already have projects under consideration that are similar to your Invited Submissions or may independently develop projects that are similar to your Invited Submissions, or other Invited Submissions transmitted by other users of our Site may be similar or the same as your Invited Submissions. Because of the viral nature of social media, you should not submit any content or information to Miramax that you do not want to be viewed and "shared" or otherwise distributed by others. In connection with all of the Invited Submissions you Submit to our Site, and any other activities that you conduct on or by means of our Site, you represent, warrant and covenant that: (i) the Invited Submissions are original to you (in other words, that you own all rights in and to your Invited Submissions) or, alternatively, that you have acquired all necessary rights in your Invited Submissions to enable you to grant to Miramax the legal use of the material in your Invited Suubmissions; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your Invited Submissions, and Miramax will not be responsible for such obligations; (iii) your Invited Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your Invited Submissions, nor any of the other activities that you undertake on our Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable Laws or these Terms, or violative of any person's publicity or privacy rights; and (v) your Invited Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your Invited Submissions do not violate any of the foregoing representations and warranties and to make such records available to Miramax upon Miramax's request.
Miramax is not responsible for any loss, theft or damage of any kind to any Invited Submissions.
You acknowledge that Miramax does not as a matter of its ordinary practice pre-screen any Invited Submissions submitted by you or other users of our Site but that Miramax (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the Invited Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by Miramax in its sole discretion. Miramax shall have the right in its sole discretion to refuse, remove, edit, or disable any of your Invited Submissions (and/or any other Site users' Invited Submissions) that violate these Terms or are otherwise objectionable, as determined by Miramax in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of our Site (including, without limitation, access to and/or use of any of our Site Services, features or functionality available on or through our Site). Miramax does not control or endorse any Invited Submissions, and any Invited Submissions submitted to our Site do not reflect the opinions, views or policies of Miramax or any of its affiliates. Miramax disclaims any and all liability in connection with any and all Invited Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Miramax or any of its affiliates with respect to such Invited Submissions.
If you remove or delete any of your Invited Submissions from our Site, that User Submission will be removed from our Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Miramax may maintain copies for archival purposes.
Miramax reserves the right to display advertisements in connection with your Invited Submissions and to use your Invited Submissions to advertise and promote your Invited Submissions or our Site (in whole or in part) or any of Miramax's products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of our Site.System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.Security
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Miramax shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Miramax considers insecure, Miramax will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Miramax reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.Investigations
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to our Site on the World Wide Web (including a computer, modem and/or other access devices).
Miramax reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.Local Regulations
Miramax makes no representation that Materials or other content in our Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access our Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.Indemnity
You agree to indemnify and hold harmless Miramax and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your Invited Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iv) your violation of any person's intellectual property, privacy, publicity or other right; (v) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use our Site (in whole or in part); or (vi) your willful misconduct or the willful misconduct of anyone accessing our Site through your registered account, in connection with your (and/or such other person's) use of our Site (in whole or in part). Miramax reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Miramax in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.Our Use of Content
Miramax will consider anything you provide to Miramax and/or contribute to this Site as available for our use free of any obligations to you, except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Submissions, Postings and E-mails above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Miramax, and you acknowledge that (whether or not such sites are affiliated in any way with Miramax) Miramax is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites and Miramax EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES. The inclusion of such a link does not imply endorsement of any site by Miramax or any association with its operators.
Miramax cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Miramax because other shop channels are owned and operated by independent retailers. Miramax does not endorse any of the merchandise, nor has Miramax taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Miramax does 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 irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.Jurisdictional Issues
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates.
If you believe a work has been copied in a way that constitutes copyright infringement, please send Miramax's copyright agent, at the address set forth below, a notification of claimed infringement (an "Infringement Notification") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Miramax to locate the material on our Site; (iii) information reasonably sufficient to permit Miramax to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature.
Miramax Film NY, LLC
2540 Colorado Avenue, Suite 100E
Santa Monica, California 90404
Tel: (310) 409-4321
Miramax seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
By submitting an Infringement Notification, you acknowledge and agree that Miramax may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from our Site, you may send Miramax a counter notification. Pursuant to federal law you may be held liable for damages if you make material misrepresentations in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to Miramax's designated copyright agent, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on our Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Central District of California, for addresses outside the USA) and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Miramax may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, OR OUR SITE, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JAMS ("JAMS") FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR'S AWARD.
This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.
You understand and agree that Miramax may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any licenses describer herein and otherwise your access to our Site, and discard, remove, and/or disable or deactivate any or all of your Invited Submissions that you submitted to or by means of our Site and/or any other information and data that you (and/or anyone else) may have provided to or by means of our Site, for any reason. Miramax may also, in its sole discretion and at any time, discontinue our Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT Miramax MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT Miramax SHALL NOT HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO OUR SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR INVITED SUBMISSIONS (OR THE INVITED SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF OUR SITE.
You may discontinue your access to, use or participation on or by means of our Site at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Miramax or any Miramax affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.
Last Updated: June 16, 2011
Thank you for visiting Miramax.com ("we" or "us"), a Miramax Film NY, LLC ("Miramax") Web site (the "Site"). Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the collection and use of the personal information you submit on this Site and other Web pages where this policy is posted.THE INFORMATION WE COLLECT
At our Site, you can order products via our on-line vending pages; enter contests; vote in polls, respond to polls or surveys or otherwise express an opinion; subscribe to one of our services; register for sweepstakes, contests and other promotional opportunities; or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services ("Personal Information").
At certain parts of our Site, only persons who provide us with the requested Personally Information will be able to order products, programs, and services, or otherwise participate in our Site's activities and offerings. We also collect certain anonymous, non-personally identifiable information when you visit our Site such as the type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using (e.g., Windows XP or Mac OS), and the domain name of your Internet service provider (e.g., America Online, Earthlink).
You can also engage with our content, such as video, games, applications, and other offerings (collectively, "Community Forums"), on or through (1) third-party social networking sites, such as Facebook, (2) third-party social media plug-ins and applications, and (3) Miramax social media plug-ins and applications that may be available through third-party sites or our Site. When you engage with our content on or through third party social networking sites, plug-ins and applications you may allow us to have ongoing access to certain information from your social media profile (e.g., name, e-mail address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, the posts or the 'likes' you make (collectively, "User Submissions") to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information (e.g., content viewed, game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with our content.
Please also note that information submitted to our Site via a "contact us" or other similar function may not receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.HOW WE USE THE INFORMATION
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you. This information allows us to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services. In addition, we may use information collected through our Site, including Personal Information, in order to: (1) process your registration, including, at times, verifying that the e-mail address you provide is active and valid; (3) provide you with information that you have requested or agreed to receive; (4) improve our Site and for internal business purposes; (5) contact you with regard to your use of our Site, your account, and, in our discretion, changes to any Miramax policy; and (6) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
If you choose to submit content for publication (e.g., a "letter to our editors"), we may publish your screen name and other information you have provided to us. We use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of our Site, as well as to offer you products, programs, or services.
We may, on occasion, combine information we receive online with outside records to enhance our ability to market to you those products or services that may be of interest to you. We provide you with an opportunity to express your preferences with respect to receiving details about other products and services from Miramax and other affiliated businesses and about products and services from selected third parties when you interact with our Site. If you ever decide in the future that you would like to update these preferences, you may log into your account if you have created one with us or you may contact us here and we will edit your preferences accordingly.
Finally, we will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.COLLECTION OF INFORMATION BY THIRD PARTY SITES AND SPONSORS
We sometimes may offer content or programs (e.g., contests, sweepstakes, or promotions) that are sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in our Site activity. We have no control over these third parties' use of this information.
Our Site will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.
We, our third party service providers, and our partners may send "cookies" to your computer or use similar technologies to enhance your online experience at our Site and across the Internet. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). More specifically, Cookies are small data files that write to your hard drive for record keeping purposes when you visit us. Cookies manage and measure the performance of advertisements displayed on or delivered by or through Miramax and/or other networks or sites. Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).
We may also use "Web beacons" that monitor your use of our Site. Web beacons (or Web bugs) are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail.
In addition, we may use a service that collects data remotely by using so-called "pixel tags," "clear GIFs" or similar means (collectively, "Pixel Tags") embedded in our Site's content. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors' hard drives.
On their own, cookies Web beacons, or Pixel Tags do not contain or reveal any personally identifiable information. However, if you choose to furnish personally identifiable information, this information can be linked to the data stored in the cookies, Web beacons or Pixel Tags.
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.HOW YOU CAN ACCESS OR CORRECT INFORMATION
To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.ADDITIONAL INFORMATION REGARDING CHILDREN'S PRIVACY