Terms & Conditions
© 2003 ICON FILM DISTRIBUTION PTY LTD - TERMS & CONDITIONS - UPDATED JUNE 12 2003
TERMS AND CONDITIONS
APPLICABLE TO THE USE OF THIS SITE
These terms and conditions contain important information about your rights and obligations and you must read them carefully.
1.1 The following terms and conditions apply in respect of any use of any of the websites (the "Icon Websites”) operated by the Icon group of companies ("Icon" "we" or "us"). The Icon group of companies includes Icon Entertainment International, Icon Film Distribution Limited (United Kingdom), Icon Film Distribution Pty Limited (Australia) and Icon Productions LLC. By accessing or using the Icon Websites you agree to be legally bound by these terms and conditions of use as they may be modified and posted from time to time. If you do not wish to be bound by these terms and conditions then please do not use the Icon Websites. By accessing the Icon Websites you accept and agree to these terms and conditions of use as they apply to your use of the Icon Websites.
2. Information Displayed on Icon Websites
2.1 The Icon Websites are intended to provide information about Icon, its films and other activities. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, services and other information provided on the Icon Websites.
3. Availability of Icon Websites
3.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Icon Websites or the services provided through it, including your access to it. Unless explicitly stated, any new features including the release of new services, software tools or resources shall be subject to these terms and conditions. We will endeavour to make the Icon Websites available but cannot guarantee that the Icon Websites will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Icon Websites and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Icon Websites, router or any other internet connected device relating to the functioning of the Icon Websites.
4. Your User Information
4.1 The following applies to any information you provide to us:
4.1.1 You authorise us to use, store or otherwise process any User Information including but not limited to your name and address to the extent reasonably necessary to provide the services which are available through the Icon Websites, by us or our sub-contractors. In addition, if you choose to buy merchandise through any of the Icon Websites then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters or post messages on the bulletin boards or in the chat areas (if any) then we may collect such information into a file specific to you (together, the various purposes set out in this paragraph shall be known as "the Purposes"). By using the Icon Websites, you consent to such collection and use by us. All such information collected by us shall be referred to in these terms and conditions as "User Information".
4.1.2 You are solely responsible for User Information and we may take any action with respect to your User Information we deem necessary or appropriate if we believe it may cause us to suffer any loss, liability or commercial damage.
4.1.3 The User Information you provide shall be accurate and complete and all registration details (where applicable) shall contain your correct name, address and other requested details.
4.2 By accepting these terms and conditions, you freely consent to the processing and disclosure of the User Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of User Information following notification to you by means of a notice on the Icon Website. If you would like to review or modify any part of your User Information then you should email us at email@example.com. For the Purposes, we may transfer or disclose User Information to other companies, to our professional advisers and to such other parties as we consider necessary, in the administration of the Icon Websites and related business or if required to disclose such information by law.
4.3 We may aggregate statistics, traffic patterns and related site information and disclose such aggregate data to third parties for marketing, advertising or other promotional purposes but such aggregate data will not include any User Information.
4.4 Certain non-User Information of visitors to the Icon Websites is recorded by the standard operation of our servers, including but without limitation, the URL that you just came from, which URL you next go to, what browser you are using and your IP address. Such information is primarily used to provide an enhanced on-line experience for the visitor.
4.5 Some Icon Websites may place a "cookie" in the browser files of each user’s computer. A cookie lets the computer remember that you have registered, if applicable, and saves your passwords, purchases and preferences from the Icon Websites that you have visited.
4.6 In addition, the following also applies to all notes, messages, bulletin boards, postings, ideas, suggestions, concepts or other material (if any) submitted by you to us ("Content"):
4.6.1 you must own or have the right to submit Content for publication on the Icon Websites and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards or codes of conduct;
4.6.2 you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person;
4.6.3 you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
4.6.4 we have the right to monitor the Content and may edit, reject or remove Content if we believe it does not comply with the above.
4.7 All Content submitted to us will become the property of Icon throughout the world except any portion of the material that is User Information. You have sole responsibility for the Content which you submit to us for publication on the Icon Websites and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of material submitted by you to us.
5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to you or selected by you for use on the Icon Websites. You may not share these with or transfer them to any third parties. You must notify Icon immediately of any unauthorised use of them or any other breach of security regarding the Icon Websites which comes to your attention.
6. Applicability of Online Materials
6.1 Unless otherwise specified, the materials used by Icon (“Icon Materials”) on the Icon Websites are presented solely for the purpose of entertaining and promoting films and other products available in the territories for which Icon has the right to use such materials. With respect to the Icon Websites:-
6.6.1 the Icon Entertainment International and Icon Film Distribution Limited websites are controlled and operated by Icon Entertainment International from its offices in London, United Kingdom;
6.6.2 the Icon Film Distribution Pty Limited website is controlled and operated by Icon Film Distribution Pty Limited from its offices in Sydney, Australia; and
6.6.3 the Icon Productions LLC website is controlled and operated by Icon Productions LLC from its offices in Los Angeles, California, USA.
We make no representations that the Icon Materials are appropriate or available for use in other locations. Those who visit the Icon Websites from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
7.1 The Icon Websites and all materials and information thereon are provided on an "as is" basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Icon Websites or any information or service provided through the Icon Websites. To the fullest extent permitted by law we will not be liable to users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the Icon Websites or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Icon or our servants or agents, or any other person.
7.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Icon Websites and is compatible with the Icon Websites. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Icon Websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
8. Copyright and Monitoring
8.1 The contents of the Icon Websites are protected by international copyright laws and other intellectual property rights. The owners of these rights are Icon Entertainment International, Icon Film Distribution Limited, Icon Film Distribution Pty Limited and Icon Productions LLC (as appropriate) or other third party licensors. All product and company names and logos mentioned in the Icon Websites may be the trade marks, service marks or trading names of their respective owners, including iconmovies.com, iconmovies.co.uk, iconmovies.net, iconmovies.us, iconmovies.com.au, iconfilmdistribution.com, iconfilmdistribution.net, icon-films.com, iconfilm.com.au, iconfilmdistribution.co.uk, icon-entertainment.co.uk. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Icon Websites including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
9. Linked Sites
9.1 Icon makes no representations whatsoever about any other website which you may access through the Icon Websites or which may link to the Icon Websites. When you access any other website you understand that it is independent from the Icon Websites and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Icon endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master.
10.1 We may assign or subcontract any or all of our rights and obligations under these terms and conditions.
10.2 We may alter these terms and conditions from time to time and post the new version on the Icon Websites, following which all use of the Icon Websites will be governed by that version.
10.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
11.1 These terms and conditions in respect of your use of the websites of Icon Entertainment International (www.iconmovies.net) and Icon Film Distribution Limited (www.iconmovies.co.uk) shall be governed by laws of England and Wales and you accordingly submit to the exclusive jurisdiction of the English courts.
11.2 These terms and conditions in respect of your use of the website of Icon Film Distribution Pty Limited (www.iconmovies.com.au) shall be governed by the laws of New South Wales, Australia and you accordingly submit to the exclusive jurisdiction of the New South Wales courts.
11.3 These terms and conditions in respect of your use of the website of Icon Productions LLC (www.iconmovies.us) shall be governed by the laws of California, U.S.A. and you accordingly submit to the exclusive jurisdiction of the Californian courts.
All notices shall be given by e-mail to Icon at firstname.lastname@example.org, or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or three (3) days after the date of posting.