Updated and Effective: December 1, 2020
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.
Our Site is not intended for use by those under the age of 13 - if you access this Site or our Services, you represent and warrant that you are at least 13 years of age. If you are under the age of 13, you may not use our Site or Services except with the written consent of your parent or legal guardian.
This Site is controlled and operated by Miramax Film NY, LLC, located at 1901 Avenue of the Stars, Suite 2000, Los Angeles, California 90067. Please forward any comments or complaints about our Site and any questions regarding privacy or legal matters to email@example.com.Your Registration
To access this Site or some of our Services, 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, our Services, or any of our 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.Online Privacy Notice
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.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 DISCLAIM 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, ANY EMAILS THAT WE SEND YOU, 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). If you are dissatisfied with the Site or the Services, your sole remedy is to stop using the Site and 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.Blog
MIRAMAX MAY POST CONTENT INCLUDING ARTICLES, PHOTOS, VIDEOS, TEXT EXCERPTS, QUOTES OR OTHER CONTENT ("BLOG CONTENT") IN THE BLOG 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.Non-Solicitation Policy
It is Miramax's policy not to accept or consider unsolicited creative materials, ideas, or suggestions. This is to avoid any misunderstandings if your materials, ideas, or suggestions are similar or identical to those we have developed independently. Accordingly, please do not submit to us any unsolicited screenplays, treatments, synopses, concept footage, stories, ideas, samples, mock-ups, original artwork or other original creative materials or suggestions. Any such submissions shall be considered non-confidential and non-proprietary, and will be returned to the sender, or deleted or discarded, without being reviewed. If you nevertheless choose to ignore our policy and submit any materials to us, you acknowledge that you have read Miramax's submission policy and that by making such a submission, you understand that Miramax has no obligation to you for your submission and that you have no claim whatsoever based on such submission.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 affect 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. You may not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide. You may not engage in unauthorized spidering, scraping, or harvesting of content or personal information, or use any other unauthorized automated means to compile information.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 required to notify us immediately (within 48 hours at the most) if you believe your credentials have been compromised and/or breached.
You are prohibited from using any services or facilities provided in connection with this Site to probe, scan, or compromise security or test or tamper with system resources and/or accounts. You may not obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any Services available on or through the Site. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. You may not take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure. You may not upload or otherwise transmit any communication, software, or materials that contains a virus or is otherwise harmful to Miramax's or its users' computers or systems. 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, in its sole discretion, 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.Third-Party Sites
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 or services, 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
1901 Avenue of the Stars, Suite 2000
Los Angeles, California 90067
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.Binding Arbitration
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. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, THEY HAVE WAIVED THE RIGHT TO A TRIAL BY JURY.
This provision shall remain in full force and effect notwithstanding any termination of your use of our Site.Termination
You understand and agree that Miramax may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any licenses described 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.Injunctive Relief
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.Changes in Site Ownership
Updated and Effective: December 1, 2020
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 Personal Information will be able to order products, programs, and services, or otherwise participate in our Site's activities and offerings. We may also collect certain 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., AT&T, Comcast). In some jurisdictions, these additional items may also be considered Personal Information. Please see our "Cookies and Other Technical Information" section below for more information.
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; (2) protect, investigate, and/or deter fraudulent, unauthorized, or illegal activity; (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; (6) perform analytics and/or research regarding our products, Services, or our Site; and (7) 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 may also use Personal 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, or by de-identifying it, 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 at firstname.lastname@example.org and we will edit your preferences accordingly.
Finally, we will not use or transfer Personal 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 Personal 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
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.
Where we decide the purpose or means of the processing of the Personal Information that you provide when using our Site, we are the ‘data controller’ for the purposes of the General Data Protection Regulation 2016 and the supplementary laws of EEA Member States.Lawful Bases for Processing
We process your Personal Information on the basis that it is necessary for the performance of a contract we have entered with you, or for us to comply with a legal obligation applicable to us. We also process your Personal Information where it is in our legitimate interest to do so, such as the promotion and operation of our business or for the protection of others, but only when we have ensured this does not disproportionately impact your privacy.Your Right to Object to Processing
You can ask us to restrict, stop processing, or to delete your Personal Information if:
you consented to us processing the Personal Information, and have withdrawn that consent;
we no longer need to process that Personal Information for the reason it was collected;
we are processing that Personal Information because it is in the public interest or it is in order to pursue a legitimate interest of Miramax or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;;
the Personal Information was unlawfully processed;
you need the Personal Information to be deleted in order to comply with legal obligations; and
the Personal Information is processed in relation to the offer of a service to a child.
You have the following rights over the way we process Personal Information relating to you. We aim to comply without undue delay, and within one month at the latest, in response to any requests by you:
for a copy of Personal Information we are processing about you;
to have inaccuracies corrected;
to restrict, stop processing, or to delete your Personal Information;
for a machine readable copy of your Personal Information, which you can use with another service provider. Where it is technically feasible, you can ask us to send this Information directly to another provider if you prefer; and
to make a complaint to a data protection regulator.
You may contact them at: https://edpb.europa.eu/about-edpb/board/members_en
To make a request in relation to any of these rights, please send your requests to email@example.com.International Transfers of your Personal Information
We operate worldwide and the Information that we collect directly from you will be stored in our servers in the United States. We may also transfer your Personal Information to members of our third party service providers, many of whom may be located outside of the EEA, operate from multiple locations including non-EU based operations or engage sub-processors located outside the EEA.
We only transfer Personal Information outside of the EEA having implemented appropriate safeguards or where the receiving country is recognized as offering adequate protection.Retention Periods
We will hold your Personal Information for as long as is necessary for the purpose for which that Information was obtained.For Our Users in California:
If you are a California resident, under certain circumstances, you have the right to request certain information that we collect about you, including:
The categories of Personal Information we have collected from you;
The categories of sources from which we collected the Personal Information;
The business purpose we have for collecting or sharing that Personal Information;
The categories of third parties with whom we share such Personal Information; and
The specific pieces of Personal Information we have collected about you.
In addition, you may request that we provide you with:
The categories of Personal Information that we sold about you, and the categories of third parties to whom the personal information was sold, by category or categories of Personal Information for each category of third parties to whom the information was sold;
The categories of Personal Information that we have disclosed about you for a business purpose;
The category or categories of consumers’ Personal Information that we have sold, or if we have not sold consumers’ Personal Information; and
The category or categories of consumers’ Personal Information that we have disclosed for a business purpose, or if we have not disclosed that information for a business purpose.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, if you provide your Personal Information to us, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
As a California resident, you also have the right, at any time, to tell us not to sell Personal Information – this is called the "right to opt-out" of the sale of Personal Information or "Do Not Sell." We do not currently sell any personal information to third parties as that term is defined in California law.
You also have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.
You may make a written request to us to request this information by sending us an email at firstname.lastname@example.org. We may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request twice a year. Please include "California Privacy Rights" as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident by including a California postal address in your request. We will respond to your request within 45 days or let you know if we need additional time.Do Not Track Disclosures
Do Not Track ("DNT") is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally-agreed upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.For our Users in Nevada:
If you are a Nevada resident, you have the right to request certain information from us regarding the collection and sale of your personal information (as defined in Nevada Revised Statutes 603A.320) during your visit to our websites or when you otherwise interact with us online. If you have sought or acquired, by purchase or lease, any goods or services for personal, family, or household purposes from the Miramax Site, you may ask us to disclose whether we have sold (for monetary consideration) certain information about you (including your first and last name, physical address, email address, telephone number, social security number, an identifier that allows you to be contacted either physically or online, or other contact information that allows us to identify you personally).
As a Nevada resident, you may also request to opt out of us sharing such information about you. To make this inquiry, please submit a request in writing to email@example.com with “Nevada Privacy Rights” in the subject line. You must include your full name, email address, and attest that you are a Nevada resident by providing a Nevada postal address in your request. Please state whether you are requesting information and/or opting out.
We will process your request within 60 days, or we will let you know if we need additional time. We may require additional information to verify your identity before we can respond.Notification Regarding Updates