PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEB SITE, AFFILIATED SITES AND MOBILE SITES, AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THESE SITES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO TBE BOUND BY THESE TERMS AND CONDITIONS.
Last updated May 22, 2018.
As the Sites may be accessed globally, if you choose to access the Sites from locations other than Canada and the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, IMAX makes no representation that materials on the Sites are appropriate or available for use in locations outside Canada or the United States, as applicable, and accessing them from territories where their contents are illegal is prohibited.
Unless otherwise noted, the Sites, and all materials on the Sites, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, and all registered and unregistered rights in such materials provided under intellectual property law or similar laws under any jurisdiction in the world (collectively, the “Contents”), are owned, controlled or licensed by IMAX. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe the rights of third parties not owned by or affiliated with IMAX.
The Sites and the Contents are intended solely for your personal, non-commercial use. You are permitted to view, download and print hard copies of pages from the Sites for your own personal, non-commercial, lawful use, provided that such copies clearly display the copyright and any other proprietary notices of IMAX. No right, title or interest in any downloaded Contents is transferred to you as a result of any such viewing, downloading or printing.
Except as noted above, you may not reproduce, communicate to the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent or exploit in any way any of the Contents or the Sites. Without limiting the generality of the foregoing, in particular, you may not distribute, modify, transmit, reuse, repost, or use the Contents of the Sites for any public or commercial purposes whatsoever, including their text, images, audio, and video, without IMAX's express written permission. Additionally, the Contents may not be modified or altered, merged with other data or published in any form, in whole or in part, including by “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate the Contents on the pages produced by, or displayed on, the Sites.
When you link to the Sites, you may not under any circumstance use technology to display the content of the Sites in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Sites.
You acknowledge the unauthorized use of the Sites or the Contents could cause irreparable harm to IMAX and that in the event of an unauthorized use, IMAX shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Right to Modify, Suspend or Discontinue the Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend, discontinue or restrict use of any portion of the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or restriction of the Sites, or of any service, content, feature or product offered through the Sites.
IMAX does not claim ownership of the materials, creative ideas, suggestions, proposals, plans or other materials or comments you provide or post, upload, input or submit to IMAX (“Submission”) through the Sites. However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting IMAX and its respective sublicensees a royalty-free, non-exclusive, irrevocable, sublicensable right and license to use your Submission in connection with the Sites or business of IMAX (including without limitation the IMAX® Under the Sea 3D Community Gallery), include without limitation the license rights to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, modify, adapt, create adaptations or derivative works from and distribute your Submission, publish your name in connection with your Submission, and the right to sublicense such rights, for any purpose on or in connection with the Sites or business of IMAX, throughout the universe in any medium and through any methods of distribution, transmission or display whether now known or hereafter devised. By posting a Submission you represent and warrant that you own or otherwise control all of the rights to your Submission including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submission. In addition, you warrant that all so-called “moral rights” in the Submissions have been waived. You also agree that IMAX is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; (3) to respond to any Submissions; or (4) to post or use any Submission you may provide. IMAX has the right but not the obligation to monitor any Submissions and may edit or remove any Submissions at any time in its sole discretion.
You agree that your Submission will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submission will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead IMAX or third parties as to the origin of any Submission. You are solely responsible for any Submissions you make and their accuracy. IMAX takes no responsibility and assumes no liability for any Submissions posted by you or any third party.
No Responsibility for User-Generated Materials
Although IMAX may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, IMAX is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. IMAX intends to fully cooperate with any law enforcement authorities or court order requesting or directing IMAX to disclose the identity of anyone posting any such information or materials.
Errors, Inaccuracies, and Omissions
Occasionally the Sites may present information containing typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, or availability. Although we make reasonable efforts to ensure that the Sites are current and contain no errors or inaccuracies, we make no representations, warranties or guarantees that the information, Contents or materials included in the Sites will be error-free or completely accurate or current at all times, or at any time. We reserve the right at any time in our sole discretion and without notice to correct any errors, inaccuracies or omissions to the information on our Sites.
You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding IMAX’s ability to monitor or make the Sites available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. IMAX will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations. At all times, IMAX shall have the discretion to take such action as IMAX deems necessary, in its sole discretion, to preclude a security violation, and IMAX shall not be liable for any damages of any nature suffered by you or a third party resulting from IMAX’s exercise of its rights.
YOUR USE OF AND BROWSING IN THE SITES ARE DONE ENTIRELY AT YOUR OWN RISK. NEITHER IMAX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS”, AND WITHOUT ANY WARRANTIES OR IMPLIED TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITES IS FOR YOUR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. IMAX EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY DO SO AT ANY TIME, WITH OR WITHOUT NOTICE.
Exclusion of Liability
Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. IMAX shall not be liable for any damages of any kind related to your use of the Sites. You agree that your sole remedy in the event of any problem with your use is to cease using the Sites. In no event shall IMAX or any of its directors, employees, agents and representatives and their respective successors and assigns be liable for any loss or damages whatsoever arising out of or related to access to or use of the Sites or any other Sites linked to the Sites or the Contents, regardless of whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, products liability or other theories of liability, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages.
IMAX maintains the Sites for your personal entertainment, information, education, and communication. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Sites, including our mobile sites, may be accessible from your current location, and IMAX assumes no responsibility, and shall not be liable, for any inability or restricted ability to access or use the Sites.
IMAX is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network or mobile connections, failed, incomplete, garbled or delayed computer transmissions, online or mobile failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. IMAX is not responsible for Internet, mobile or any other communications network fees or charges associated with your use of the Sites.
IMAX assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Sites or your downloading of any materials, data, text, images, video or audio from the Sites.
IMAX has not reviewed all of the sites linked to the Sites and is not responsible in any way for the content of any off-site pages or any other sites linked, directly or indirectly, to the Sites. Your linking to any other off-site pages or other sites is entirely at your own risk.
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