Terms and Conditions

Terms of Use Effective 03/20/12

1.         INTRODUCTION. Welcome to the Internet sites of Screenvision Exhibition, Inc. (“SV”). “SV Sites” include screenvision.com, the screenfanz application, and other Internet sites and applications on which these terms of use are posted. SV and any and all entities that control, are controlled by, or are affiliated or under common control with, SV are collectively referred to herein as “we,” “us” or “our”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SV SITE. By using any SV Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use any SV Sites.

Note that special terms apply to some services offered on certain SV Sites, like rules for particular contests or sweepstakes, coupons, badges, rewards, screenfanz points, or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the SV Sites and receipt of data, content, materials and information available at or through the SV Sites, the possibility of our use or display of your Solicited Submissions (as defined below in paragraph 3) and the possibility of publicity and promotion from our use or display of your Solicited Submissions.

2.         USE OF CONTENT. All information, materials, functions and other content (including Submissions) including, without limitation, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, movie reviews and synopses, movie theatre information and schedule information (“Content”) contained on SV Sites and the “look and feel” and arrangement of such Content, are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress (“Trademarks”) are proprietary to us and/or our licensors or licensees. Content and Trademarks are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  We may change the SV Sites or delete Trademarks, Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content or Trademark from any SV Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the SV Site, except that where an SV Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a commercial manner. Any business use, “re-mailing” or high-volume or automated use of SV Sites is prohibited.

In the event that we offer downloads of software (including applications) on an SV Site and you download such software, the software, including any files and/or Content 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, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

In the event that we provide a link to the iTunes store on or within an SV Site and you elect to receive a download and/or make a purchase from the iTunes store, you are responsible for all payments to iTunes in connection therewith.

3.         SUBMISSIONS.  In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, notes, postings, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through an SV Site.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on an SV Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) such as prizes, coupons, screenfanz points or other value in games, sweepstakes, contests and promotions; and (b) that you Distribute on or through any SV Site for which you do not seek Consideration (such as in our Public Forums (as defined below in paragraph 6). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs 3(a) or 3(b) of this paragraph.

NO IMPLIED CONTRACT WITH RESPECT TO UNSOLICITED SUBMISSIONS.

We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore strongly discourage you from Distributing any Unsolicited Submission. In the event that you do, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

CONDITIONS RELATING TO ALL SUBMISSIONS.

Upon Distribution, unless otherwise expressly agreed, all Submissions automatically become our property throughout the universe and we shall be entitled, without compensation to any person, firm or other entity (“Person”), other than any stated Consideration for Solicited Submissions, to use the same in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you Distribute a Submission to us, it is original with you and accurate and does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance.

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any Person claiming through you for any exploitation or disclosure of any Submission.

By using an SV Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any Submission you Distribute to an SV Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

4.         LICENSES AND REPRESENTATIONS

To the extent that any Submission does not become the property of SV in accordance with paragraph 3 above, you hereby grant us and our licensees, licensors, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) universe-wide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, publicly perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on SV Sites, on third party web sites, on broadcast and cable networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other Person (the “Submissions License”).

By Distributing a Submission, you represent and warrant that the Submission and your Distribution thereof conform to the Rules of Conduct (set forth below in paragraph 7) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other Person, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you Distribute on or through SV Sites contain songs or recordings, you hereby represent that by your Distributing the same on or through the SV Sites, all musical compositions (including lyrics) and sound recordings contained in such Submissions are licensed to us (and our licensees, distributors, agents, representatives and other authorized users) for promotional consideration.  Neither we nor any third party shall be required to make any payment to you or any third party for such license.  By your Distributing the Submissions on or through the SV Sites you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recording contained in such Submissions.

To the extent that we solicit Submissions through features or activities on or through SV Sites (including games, sweepstakes, contests, promotions and Public Forums) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, then your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

5.         ACCOUNTS. Some services on the SV Sites permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may be held liable for losses incurred by us or any other user of or visitor to an SV Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential. You shall not impersonate any Person or misrepresent your identity or affiliation with any Person, including using another Person’s username, password or other account information, or another Person’s name, likeness, voice, image or photograph. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission you Distribute on or through any SV Site or any service offered on or through any SV Site.  You also agree to promptly notify us at sfbreach@screenvision.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any SV Site. In addition, you agree to exit from your account at the end of each session.

We may in our sole discretion and without prior notice suspend or terminate your account and your ability to use any SV Site or portion thereof and/or block your future access to any SV Site for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.  You also agree that any violation by you of these terms of use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

By registering with a SV Site by text message you are automatically agreeing to receive marketing messages related to our promotions. Message and data charges may apply.  If you do not wish to receive these text messages, you can opt out by texting 2STOP to 5684, or where available click on the opt-out box on the applicable SV Site.  By using an SV Site, you agree that we may collect and use certain information about you, your mobile device, your use of the SV Site and the SV Site’s performance in accordance with the Privacy Policy, as may be amended from time to time and incorporated herein by this reference.

6.         PUBLIC FORUMS AND COMMUNICATION.Public Forum” means an area, site or feature offered as part of any SV Site that offers the opportunity for users to Distribute Submissions for viewing by one or more SV Site users, including but not limited to a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, and/or e-mail function.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through any SV Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, movie reviews, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute, or Submissions which are Distributed by others.

7.         RULES OF CONDUCT. The following Rules of Conduct apply to the SV Sites. By using the SV Sites, you agree that you will not Distribute any Submission that:

(a)       (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another Person; (ii) is bigoted, hateful, sexist, homophobic, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any Person;

(b)       is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

(c)       infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without his/her express, written permission) or publicity; or (iii) any confidentiality obligation;

(d)       is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

(e)       contains a virus, Trojan Horse, worm, malware, spyware or other harmful component, or otherwise tampers with, impairs or damages the SV Sites or any connected network, or otherwise interferes with any Person’s use or enjoyment of the SV Sites; or

(f)        (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

8.         COOPERATION; REMOVAL OF SUBMISSIONS. We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any SV Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any Person or property, including any SV Site and/or the Content thereon. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

 

9.         CONTENT ACCESSIBLE THROUGH LINKS FROM SV SITES AND SEARCH RESULTS. You should be aware that when you are on an SV Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policies may apply, and we are not responsible for such sites. We do not endorse and 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 SV Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

10.       DISCLAIMERS. THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO SV SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SV SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SV SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). RELIANCE ON ANY INFORMATION APPEARING ON AN SV SITE IS STRICTLY AT YOUR OWN RISK.

SV Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by our users.

The Content on SV Sites is intended for entertainment purposes only. Such Content is not intended to, and does not constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.  You should not act or refrain from acting on the basis of any Content included in, or accessible through, the SV Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to any SV Site, or any portion of any SV Site, for any reason; (b) to modify or change any SV Site, or any portion of any SV Site, and any applicable policies or terms; and (c) to interrupt the operation of any SV Site, or any portion of any SV Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

11.       INDEMNIFICATION. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the SV Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim.

 

12.       LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (a) THE USE OF, OR THE INABILITY TO USE, ANY SV SITE OR CONTENT, OR (b) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN SV SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO SV FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SV SITE.  MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO ANY SV SITES OR CHANGE THE SV SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13.       JURISDICTIONAL AND VENUE ISSUES. You agree that any action at law or in equity arising out of or relating to these terms of use or the SV Sites shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any SV Site is appropriate or available for use in any particular location. Those who choose to access an SV Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

 

14.       AMENDMENT. We reserve the right, in our sole discretion, to change, modify, add or remove all or portions of these terms of use, at any time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the SV Sites following the posting of changes will mean that you accept and agree to the changes. Please note that at all times, you are responsible for updating your personal information to provide us your current e-mail address.

 

15.       GENERAL PROVISIONS. These terms of use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY SV SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services and software through SV Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through SV Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.

16.       CLAIMS OF COPYRIGHT INFRINGEMENT. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent: Screenvision Exhibition, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: Screenvision Legal Department

Full Address of Designated Agent to Which Notification Should be Sent: 1411 Broadway, 33rd Floor, New York, New York 10018.

Telephone Number of Designated Agent: (212) 497-0400

Facsimile Number of Designated Agent: (212) 497-0500

E-Mail Address of Designated Agent: legal@screenvision.com

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, if 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 us to locate the material;
  4. Information reasonably sufficient to permit us 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; and
  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.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on any SV Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which SV may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

17.       ATTRIBUTION AND NOTICES. The following provisions apply to certain third party Content made available on certain SV Sites. Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above.

 

Licensed Data from Tribune Media Services, Inc. (“TMS”) The SV Sites may contain movie capsule reviews and movie box office data, including but not limited to theatre locations, movie titles and showtimes, photographs and key art from TMS (collectively the “Licensed Data”) You shall not redistribute Licensed Data or create any derivative product from Licensed Data. Except as expressly provided in these terms and conditions, we do not grant you any rights or licenses in or to the Licensed Data, the related names and trademarks of TMS or any film studio, or associated components in connection with the Licensed Data. Without limiting the generality of the foregoing you shall not sublicense or resell the Licensed Data.  You shall not edit, alter or modify the Licensed Data.  Under no circumstances shall you strip the Licensed Data of attribution included in the Licensed Data.  You may use the Licensed Data solely for your personal, non-commercial home use.

 

18.       ADDITIONAL TERMS

The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device (“iOS App”):

(a)       You acknowledge that these terms of use are concluded between you and us only, and not with Apple, Inc. (“Apple”). We, and not Apple, are solely responsible for our iOS App and the services and Content available thereon.

(b)       You agree that your use of our iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store terms of service.

(c)       The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App.

(d)       To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

(e)       You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f)        You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

(g)       You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

(h)       You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

(i)         The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to the terms of use applicable to our iOS App. Upon your acceptance of the terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of use against you as a third party beneficiary thereof.

Apple is neither a sponsor of any sweepstakes run through or on the SV Sites nor is Apple in any way involved with any such sweepstakes.

19.       YOUR USE OF THE SV SITES. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any SV Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of any SV Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any SV Site. We reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of any SV Site, or any other systems or networks connected to any SV Site or to any of our servers, or to any of the services offered on or through any SV Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of any SV Site or any network connected to any SV Site, nor breach the security or authentication measures on any SV Site or any network connected to any SV Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to any SV Site, or any other Person, including any SV account not owned by you, to its source, or exploit any SV Site or any service or information made available or offered by or through any SV Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by any SV Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any SV Site or our or our licensees’ or licensors’ systems or networks, or any systems or networks connected to any SV Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any SV Site or any transaction being conducted on any SV Site, or with any other Person’s use of any SV Site.

 

 


PRIVACY POLICY

This privacy policy describes the treatment of information provided or collected on the “SV Sites” which include screenvision.com, the screenfanz Application, and other Internet sites and Applications on which these terms of use are posted.  Screenvision Exhibition, Inc. and any and all entities that control, are controlled by, or are affiliated or under common control with, Screenvision Exhibition, Inc. are collectively referred to herein as “we,” “us” or “our”.  This privacy policy also explains the treatment of information provided or collected on Applications we make available on third-party sites or platforms if disclosed to you in connection with use of the Application.

 

1. Types of Information We Collect
We collect two basic types of information – Personal Information and Anonymous Information (as such terms are defined in paragraph 12 below) – and we may use Personal Information and Anonymous Information to create a third type of information, aggregate information (i.e. information about groups or categories of users, which does not identify and cannot reasonably be used to identify an individual user).  We collect the following categories of information:

  • Registration information you provide when you create an account, including your first name and surname, country of residence, gender, date of birth, email address, username and password
  • Transaction information you provide when you request information or purchase a product or service from us, whether on the SV Sites or through other Applications, including your postal address, telephone number, bank, credit card account number and payment information
  • Information you provide in Public Forums (as such term is defined in paragraph 12 below) on the SV Sites
  • Other information volunteered by you, such as information provided through responses, registrations, reviews, comments, emails, postings, messages, the interfacing with social networking sites (such as a profile photo, birthday and status), or other electronic submissions and communications sent by you to the SV Sites
  • Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information
  • Information you provide to us when you use the SV Sites on third-party sites or platforms such as social networking sites, or link your profile on a third-party site or platform with your registration account
  • Occupation and position, employer, and income information
  • Mobile phone number, mobile carrier’s name, unique identifier for a mobile device and the date, time and content of mobile communications with us.  Usage, viewing and technical data, including your device identifier or IP Address, when you visit the SV Sites, use our Applications on third-party sites or platforms or open emails we send
  • Location information when you use or visit the SV Sites, including location information either provided by a mobile device interacting with one of the SV Sites, or associated with your IP Address, where we are permitted by law to process this information
2. How We Collect Your Information
  • We collect information you provide to us when you request products, services or information from us, register with us, participate in Public Forums or other activities on the SV Sites, respond to customer surveys, or otherwise interact with us.  Please keep in mind that when you provide information to us on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform.  The information we collect is covered by this privacy policy and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through the SV Sites.
  • We collect information through technology, such as cookies, Flash cookies and web beacons, including when you visit the SV Sites or use the SV Sites on third-party sites or platforms.
  • We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically.  Local law may require that you authorize the third party to share your information with us before we can acquire it.
  • We may provide you with the ability to create a personal profile on an SV Site, which profile may contain Personal Information provided by you, and we may provide you with the ability to make your personal profile available to other users of the SV Sites.  You may adjust the scope and nature of the information you make available to other users of the SV Sites through your personal profile as indicated on the SV Sites.  You are responsible for the information included in your personal profile and the information shared with other users.  You should not create a personal profile unless you want to share the Personal Information you post there with other users of the SV Sites.
  • We are not responsible for any loss or misuse of your username and/or password.  Always remember that in order to protect your privacy you should not share your username or password with others.
  • You should not provide us with any Personal Information (or submit or post any Personal Information to any of the SV Sites) unless you would like that information to be used by us in accordance with this privacy policy.  Likewise, you should not submit or post any Personal Information to any of the SV Sites unless you want that information to be accessible by other users of the SV Sites, as information posted on an SV Site may be made available to other users of that SV Site.
3. Our Use of Your Information
We or an affiliate or contractor of ours will be the Data Controller for your information.  Other companies affiliated with or under contract with us may have access to your information if they perform services on behalf of the Data Controller(s) (as a Data Processor) and, unless prohibited under applicable law, for use on their own behalf (as a Data Controller) for the following purposes:

  • Provide you with the products and services you request
  • Communicate with you about your account or transactions with us and send you information about features on the SV Sites or changes to our policies
  • Consistent with local law and choices and controls that may be available to you:
    • Send you offers and promotions for our products and services or third-party products and services
    • Personalize content and experiences on the SV Sites
    • Provide you with advertising based on your activity on the SV Sites and on third-party sites and Applications.
  • Optimize or improve our products, services and operations
  • Detect, investigate and prevent activities that may violate our policies or be illegal
  • Aggregate information to create statistical data, and sell or otherwise share it with potential advertisers, partners, affiliates and other third parties.  At no point, however, will the aggregated information personally identify you
  • Analyze data and patterns regarding usage of the SV Sites, contact users of the SV Sites for marketing purposes, and contact users of the SV Sites for information verification purposes.
  • We may also share certain Personal Information with third party advertisement serving companies to better target the advertising and other content displayed on the SV Sites and provide pertinent offers we think may be of interest to our users.  In addition, third party advertisers may receive certain Personal Information about you if you click on advertisements displayed on the SV Sites (and clicking on any advertisement displayed on the SV Sites will be considered your consent to “opt in” for this transfer).
  • The SV Sites have features that allow you to share your information with others.  The SV Sites may include features and functions that allow you to post and share messages and reviews to forums, message boards, chat rooms or bulletin boards.  We may record and store archives of these communications and content on our servers.  You acknowledge and consent to the recording and storage of such communications.  If you choose to provide Personal Information through use of these features, that information may be available to a wider community and individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge.  We recommend that you think carefully about sharing this type of information, including through forums, message boards, chat rooms or bulletin boards.
4. Sharing Your Information with Others
We will not share your Personal Information outside of our affiliated companies except in limited circumstances, including:

  • When you allow us to share your personal information with another company, such as:
    • Electing to share your Personal Information with carefully selected companies so that they can send you offers and promotions about their products and services
    • Directing us to share your Personal Information with third-party sites or platforms, such as social networking sites

Please note that once we share your Personal Information with another company, the information received by the other company becomes subject to the other company’s privacy practices.

  • When we cooperate with third parties to offer co-branded products or services to you; however, we will do so only if permitted by applicable law
  • When companies perform services on our behalf, like package delivery and customer service; however, these companies are prohibited from using your Personal Information for purposes other than those requested by us or required by law
  • When we share Personal Information with third parties in connection with the sale or purchase of a business or assets, to enforce our Terms of Use or rules, to ensure the safety and security of our users and third parties, to protect our rights and property and the rights and property of our users and third parties, to comply with legal process or in other cases if we believe in good faith that disclosure is required by law, or in an emergency to protect the health and safety of the SV Sites’ users or the general public
  • If we elect to transfer ownership or control of any SV Site to a third party, whether or not in the context of an acquisition of us or a merger with a third party, you consent to the transfer of your Personal Information and non-Personal Information by us to that third party, provided that all use of your information by that third party remains subject to the terms of this privacy policy.
5. Your Controls and Choices
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information.  In accordance with local law, your controls and choices may include:

  • You may correct, update and delete your registration account
  • You may change your choices for subscriptions, newsletters and alerts
  • You may choose whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you
  • You may choose whether we share your Personal Information with other companies so they can send you offers and promotions about their products and services
  • You may choose whether to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers
  • You may request access to the Personal Information we hold about you and that we amend or delete it and we request third parties with whom we have shared the information do the same

You may exercise your controls and choices, or request access to your Personal Information, by contacting customerservice@screenvision.com, or following instructions provided in communications sent to you.  Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact customerservice@screenvision.com.

6. Children’s Privacy
The SV Sites are not directed to children under 13 years of age and the Terms of Use for the SV Sites specifically prohibit use of the SV Sites by children under 13 years of age.  Children under 13 may not use or access the Sites under any circumstances.  If you are 13 or older and younger than 18, then you may access and use the SV Sites only if you have your parents’ or guardians’ prior permission.  We do not knowingly solicit or collect Personal Information from children under 13 years of age.
7. Data Security and Integrity
The security, integrity and confidentiality of your information are extremely important to us.  We have implemented technical, administrative and physical security measures that are designed to protect user information from unauthorized access, disclosure, use and modification.  From time to time, we review our security procedures to consider appropriate new technology and methods.  However, please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
8. Data Transfers, Storage and Processing and Global Access
We may transfer your Personal Information to individual companies affiliated with us, or to third parties in locations around the world for the purposes described in this privacy policy.  Wherever your Personal Information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information.  If you are located outside of the United States, please note that the SV Sites are hosted on computer servers located in the United States.  Therefore, your information may be processed and stored in the United States.  As a result, United Sates federal and state governments, courts or law enforcement or regulatory agencies may be able to obtain access to your information through applicable United States laws.  Your use of a SV Site or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may have very different data protection and privacy rules and regulations than in your home country.  We make no representations that the content on any SV Site is appropriate or available for use in locations outside the United States.  Those who choose to access a SV Site from locations outside of the United States do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.

9.     Consent to the Interface with Social Networking Sites. 

In order to enhance your experience on the SV Sites, we may retrieve and collect information about you from your account(s) on various social networking sites, but only if you voluntarily provide it to us, in accordance with the policies and terms of the applicable social networking site.  The information you allow us to access varies by social networking site, and it is affected by the privacy settings you establish with the social networking site.  By accessing or using the SV Sites in connection with a social networking site(s), you authorize us to collect, store and use in accordance with this privacy policy any and all information that you agreed the social network site could provide us.  In addition, some social networking sites have features which allow you to send information about your activity on the SV Sites back to the social networking site (for example, to be published in your profile).  If you choose to use these features, then your activity on the SV Sites will be shared with the social networking site(s).  Individuals reading this information on social networking site(s) may use it or disclose it to other individuals or entities without your or our control and without your or our knowledge.

10. Changes to this Privacy Policy
From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes without notice to you.  Please return to the SV Sites and review this privacy policy from time to time.   Any changes to the privacy policy will be effective immediately upon the posting of the revised privacy policy on SV Site.  We will endeavor to provide Notice to you if these changes are material and, where required by applicable law, we will obtain your consent.
11. Comments and Questions
If you have a comment or question about this privacy policy, please contact customerservice@screenvision.com.

The SV Sites may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites.  We encourage you to be aware when you leave the SV Sites and to read the privacy policies of other sites that may collect your Personal Information.

Notice to California Residents:

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by our affiliated companies to third parties for the third parties’ direct marketing purposes.  With respect to these entities, this privacy policy applies only to their activities within the State of California. To make such a request, please send an email to customerservice@screenvision.com or write us:

Legal Department

Screenvision Exhibition, Inc.

1411 Broadway,  33rd Floor

New York, New York 10018

In your request, please specify the SV Site to which your request pertains.

 

12.  Definitions

 

Anonymous Information.  Information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual user.

 

Application. Application means a program or service operated by us (or on our behalf) that may be displayed on various online, mobile or other platforms and environments, including those operated by third parties, which permits us to interact directly with our guests.

 

Data Controller. The data controller is our subsidiary or affiliated entity that is responsible for the Personal Information collected from the SV Sites.
Data Processor. A data processor is a person or entity that processes Personal Information on behalf of a Data Controller (or Data Controllers) and is permitted to perform data processing only as directed by the Data Controller(s).
IP Address. An IP Address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet service provider (ISP), your company, or your school.  We may use IP Addresses to collect information regarding the frequency with which our users visit various parts of the SV Sites, and we may combine IP Addresses with Personal Information.
Notice. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on the SV Sites, or by other means, consistent with applicable law.
Personal information. Personal information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address and telephone number.  When Anonymous Information is directly or indirectly associated with personal information, this Anonymous Information also is treated as personal information.

Public Forums. The SV Sites may offer message boards, conversation pages, blogs, chat rooms, social community environments, profile pages, and other forums that do not have a restricted audience.  If you provide Personal Information when you use any of these features, that Personal Information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party.  To request removal of your Personal Information from a Public Forum on one of the SV Sites, please contact customerservice@screenvision.com.

 

 


Screenvision Fast Facts

  • 84% of all Hispanics and 70% of all African Americans went to the movies in 2012

    Source: NRG, American Moviegoing 2012

  • The average HH Income of moviegoers is $82,800, which is +14% higher than the average US person.

    Source: GfK 2012 MRI Doublebase Study

  • While TV gets most of its viewing Mon-Thu, 68% of Cinema’s audiences are on the weekends, a perfect complement to TV

    Source: Nielsen Media Research FY 2012: Interview Questions and Galaxy Explorer

  • More people went to the movies in 2012 than attended Theme Parks and Sporting Events combined.

    Source: 2012 MPAA Study

  • 22% of moviegoers go shopping before or after the movies.

    Source: Nielsen Interview Questions, Full Year 2012

  • 70% of all Americans go to the movies at least once every year.

    Source: 2012 NRG
    American Moviegoing

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