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Terms of Use

Terms of Use

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 THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

TERMS OF USE

Last updated September 30, 2009

Welcome to the Web sites and/or mobile sites (the “Sites”) for IMAX Corporation and its subsidiaries and affiliates (collectively, “IMAX” or “we”). Please review the following terms and conditions, which, along with all applicable laws, govern your use of the Sites (the “Terms of Use”).

Your use of the Sites constitutes your agreement to follow and be bound by the Terms of Use, and your agreement and acknowledgement that any other agreements between you and IMAX relating to the subject matter herein are superseded. We reserve the right to modify these Terms of Use at any time in our sole discretion without prior individual notice. Any modifications to these Terms of Use will be posted on the Sites, and you will be deemed to have agreed to these modifications through your further use of the Sites. For this reason, we encourage you to review these Terms of Use whenever you use any of the Sites. You can tell when these Terms of Use were last modified by checking the “last updated” date that appears at the top of these Terms of Use.  If you do not agree to these Terms of Use, please do not use the Sites.

These Sites are intended solely for users who are 13 years of age or older.  Any registration by, use of or access to these Sites by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use.  By using these Sites, you represent and warrant that you are 13 or older, and that you agree to and abide by all of the terms and conditions of these Terms of Use.

Personal information you provide to us may be transferred to our servers and/or offices in the U.S. You agree that by providing us with your personal information, your personal information may be subject to U.S. laws, regulations and/or court orders and may be disclosed to third parties or U.S. authorities in complying with U.S. laws, regulations and/or court orders. You agree that: (a) all matters relating to your use of the Sites, including without restriction all purchases through the Sites, will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario; (b) with respect to any and all disputes arising out of your use of the Sites, the courts of Ontario in the City of Toronto have jurisdiction, and that you will attorn to their jurisdiction; and (c) you are responsible for complying with all local laws.

International Use

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.

Sites’ Contents

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.

Images of people or places displayed on the Sites are either the property of, or used with permission by, IMAX. The use of these images by you or anyone else is prohibited unless specifically permitted by the Terms of Use or specific permission is provided elsewhere on the Sites or by the owner of such images. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  IMAX assumes no liability or responsibility for any damages arising out of your wrongful and/or illegal use of such images.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of IMAX and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right of any kind to use any Trademark displayed on the Sites without the express written permission of IMAX or such third party that may own the Trademarks displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in these Terms of Use, is strictly prohibited. You are also advised that IMAX will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

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.

User Submissions

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), including 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.

In addition to the warranties and representations set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each of such Images available to members of such private community), and/or (b) to the general public (for each of such Images available anywhere on the Sites, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of the Sites, (including, by way of example, and not as a limitation, making prints and commercial items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Images without having your name attached to such Images, and the right to sublicense such rights. No compensation will be paid with respect to the use of your Images.

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.

Other Policies

In the footer sections of the Sites, we maintain a number of policies designed to protect and offer special benefits to our users, including our Privacy Policy (the “Other Policies”). The Other Policies may vary between our individual sites and depending on your location. The terms and conditions of the Other Policies are incorporated by reference into these Terms of Use.

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.

Promotions

In addition to the terms and conditions of these Terms of Use, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control.

Security

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.

Disclaimer

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 website 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.

Indemnification

You agree to defend, indemnify and hold IMAX harmless from and against any and all allegations, claims, damages, costs and expenses, including attorneys’ fees and disbursements, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of these Terms of Use.

General

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of IMAX’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use constitute the entire agreement between us relating to your use of the Sites.

Termination

These terms are effective unless and until terminated by IMAX.  IMAX may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Sites, for any reason or no reason.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.

® & © 2009 IMAX Corporation. All rights reserved. 

PRIVACY POLICY

Last updated  September 30, 2009

Our Commitment to Privacy

IMAX Corporation and its subsidiaries and affiliates (collectively, “IMAX” or “we”) value your time, respect your privacy, and seek to earn your trust.  We have created this Privacy Policy in order to demonstrate our firm commitment to privacy.  The following discloses our information gathering and dissemination practices for www.imax.com and our other sites, including mobile sites, (collectively, the “Sites”).

We collect information about you through our Sites in an effort to improve your IMAX experience and to tell you about our products, services, contests and promotions. Your trust is essential to us, and we are not in the business of selling or renting information about our customers to others. As described in this policy, we may share your information, under certain circumstances, with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service.

In line with these values, our privacy policy may change from time to time. If it does, we will post an updated policy on the Sites and change the “last updated” line above. For this reason, we ask that you check periodically to review our policy for such changes.

If you have any unanswered questions about our privacy policy, click this [link] to reach our Privacy Officer.

What kind of personal information does IMAX collect?

We may collect personal information from you, such as your name, e-mail address, postal address, phone number, credit card number, gender, birthday, and personal interests, when you visit our Sites, place an order online or by phone, save your information with us online, contact us with a question or concern, participate in a contest, promotion, or survey, or communicate with us in any other way.

When you contact us at our mobile sites, we may also obtain in connection with our SMS services your mobile telephone number, your carrier’s name, the date, time and content of your messages, and similar identifying information.

We may collect your Internet Protocol (IP) address to help identify you, gather broad demographic information about users of the Sites, diagnose problems with our systems, and administer the Sites.

You represent and warrant that any mobile phone or other information you provide to us is you or your friend’s true and correct information and that, if it is your friend's information, you have their consent to provide it to us and for us to use it in accordance with our Privacy Policy.

How does IMAX collect this information?

We receive and store any information from your visits to our Sites or that you give us in any other way.

As is true of most web sites, we gather and store certain information automatically, including IP addresses, browser types, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. This information does not identify individual users, and is used to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

To do this, we use ‘cookies’ or alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser and to provide features that improve the performance of our Sites for you. We use a third-party service provider to serve ads on our behalf across the Internet and sometimes on the Sites. This provider may collect anonymous information about your visits to the Sites and may also use information about your visits to this and other Web sites to refine our services. If you are concerned about cookies, the “help”, “options” or “preferences” functions on most browsers will allow you to limit or disable cookies altogether. However, cookies allow you to take full advantage of our interactive features, and we recommend that you leave them turned on.

We may also collect anonymous information about your interactions with us through the use of pixel tags (also called “web beacons” or “clear gifs”), which are tiny graphic images on the Sites and in our e-mails. Pixel tags are now standard in the industry and help to us analyze our customers' online behaviour and measure the effectiveness of our Sites and our advertising. A third-party service provider also helps us in our use of these tools.

To ensure we are sending our e-mails to the right address, we may receive a confirmation when you open e-mail from us if your computer supports such capabilities.

Last, to provide customer service, we might receive information about you from other sources and add it to our account information. We also sometimes receive address information from these sources to correct our records and contact you more easily.

Any personal information that we collect will be stored in secure servers hosted in the United States. We will correct such information whenever possible and delete stale information on an ongoing basis and are very happy to hear from you to ensure that our information is as complete and accurate as possible.

How does IMAX use your personal information?

By submitting personal information and registering on our Sites, you acknowledge and agree that your personal information may be used by IMAX for internal marketing analyses and to provide you with information from time to time about IMAX and IMAX promotions. We may use contact data from our surveys to send information about our company and promotional material from some of our partners or advertisers. The customer's contact information may also be used to contact the visitor when necessary and will not be shared with other affiliated companies. Demographic and profile data (such as postal code and age)  is also collected at our Sites. We use this data to tailor our visitor's experience at our Sites and display the content according to their preferences. This information is shared with advertisers on an aggregate basis only.

We run contests on our Sites in which we ask visitors for contact information (like their email address), and demographic information (like their postal code or age). We may use contact data from our contests to send users information about our company, and promotional material from some of our partners. The customer's contact information is also used to contact the visitor when necessary and will not be shared with other companies or affiliated companies. Only IMAX has access to your personal information. Users may opt-out of receiving future e-mail communications; see the choice/opt-out section below.

The information we learn from you helps us personalize and improve your experience on the Sites. Only IMAX has access to your personal information. Users may opt-out of receiving future e-mail communications. Please see the choice/opt-out section below.

In particular, by using the Sites, you acknowledge and agree that we may use your personal information in the following ways:

  • Personal contact and credit/debit card information will be used by Titan Technology Group, Ticketing Agent for IMAX owned and operated theatres to process and administer your IMAX Theatre purchases and reservations (for example, box office/ATM theatre purchases, advance tickets, and special event bookings). For some event bookings, such as birthday parties, the child's name, age and gender will be used to organize the event.
  • To facilitate all purchases, including credit card and debit card purchases.
  • To communicate with you, to send you information about our products, services, contests, and promotions, and to send offers to selected groups of customers on behalf of other businesses. When we send you offers on behalf of other businesses, we never give that business your name and address. If you do not wish to receive such offers, please let us know, and we will place you on a “do not contact” list.
  • To administer contests and other promotions
  • To help us address problems with and improve our site design, products and services
  • To analyze trends and statistics
  • To correct our records and make it easier to deliver your next communication more easily
  • To protect the security and integrity of the Sites and our business
  • To respond to your requests and to contact you if necessary

If you have questions or concerns about how we use personal information, please contact us as indicated below.

Does IMAX share personal information about me?

By using the Sites, you agree that we may share your personal information in the following ways:

  • We may share aggregate information with our licensees, however, this aggregated information does not contain personally identifiable information.
  • We may share personal information about you to address a security, integrity, or legal threat to the Sites or our business, including for fraud protection and credit risk reduction, to protect the legal rights, privacy or safety of IMAX or our employees, agents and contractors, to enforce our terms of use, to respond to inquiries or requests from government or public authorities in any country in which we operate, including the U.S. and Canada, or to comply with the law or legal process.

In addition, if you choose to participate in any loyalty program in which IMAX participates, you authorize IMAX to provide personal information about you to the company administering the program. Loyalty programs allow you to obtain discounts on purchases, special member-only offers, and VIP access to events and advance tickets. The information you authorize us to disclose to the company administering the program may include your credit card number and the date and amount of your purchase, and may also include your name and other information you have asked us to provide. Please note that once we disclose this information, the company administering the loyalty program may use and share it with others in accordance with its own privacy policy. You should review these policies carefully, as we have no control over them.

How does IMAX keep your information secure?

IMAX is always striving to ensure you a safe and convenient online experience. This goes beyond our technologies to include physical, contractual, and managerial safeguards to protect your personal information.  The Sites have reasonable security measures in place to protect against the loss, misuse and interception by third parties of personal information.  However, security lies in your hands as well. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We assume no liability for interception, alteration or misuse of information transmitted over the Internet.

What is "phishing"?

"Phishing" is a scam where fraudsters pretend that they represent well-known companies to steal your personal information. If you receive an e-mail claiming to be from IMAX that asks you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through e-mail.

How can I access or change your use of my personal information?

We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us, please visit the Registration area of the Sites, which provides users the opportunity to opt-out of receiving email or other forms of communications from us and our trading partners.  If you do not wish to receive future offers, notices or other mailings from IMAX, please follow the "opt-out"/"unsubscribe" instructions located here, or the "opt-out" instructions that are generally located at the bottom of any emails from IMAX to you.  You can also update your information, "opt-out" or "unsubscribe" at any time by writing to the IMAX Web Team at 2525 Speakman Drive, Mississauga, Ontario, Canada L5K1B1.  Be sure to provide your name, email and postal address and specific information about the IMAX information or subscription(s) that you no longer wish to receive.  Please allow a few days for IMAX to process your request.  If you "opt-out" of receiving further promotional materials or notices, the only communications you will receive from IMAX will be about transactions that you initiate.  By opting-out, residual information may nonetheless remain in our database and other records, which may not be permanently deleted.

How does IMAX protect kids' privacy?

IMAX is concerned about the privacy and safety of children when they use the Internet.

We will never knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. No part of the Sites is targeted to attract anyone under 13 years of age. If you are under 13, please do not attempt to register on the Sites or send any information about yourself to us, including your name, address, telephone number, or email address.  No one under age 13 may provide any personal information to or on the Sites .  In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us at info@imax.com.

We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

What about links to other web sites?

The Sites may contain links to third-party web sites. All such sites are independent from the Sites and from IMAX. IMAX has no control over and expressly disclaims any liability for such sites or their contents. Our links do not constitute an express or implied adoption or endorsement of anything contained in the other sites. Any transactions that take place between you and the third party are directly with the third party and IMAX shall not be held responsible for any loss or damage that you may incur as a consequence thereto. Please read the privacy policies and terms and conditions posted on these other sites before using the sites or disclosing any personal information to the sites. If you decide to access any of these sites, you do so entirely at your own risk.

These Sites contains links to third party sites.  We are not responsible for the privacy practices or the content of such Web sites. IMAX co-branded sites, licensee sites and content partner sites may have privacy policies independent of IMAX. This Privacy Policy extends only to data collected on pages hosted on the IMAX servers.

How do I contact you?

If you have any questions about this Privacy Policy, the practices of the Sites, or your dealings with the Sites, you can contact our Privacy Officer, Sarah Armstrong, via the e-mail address ‘info@imax.com’ or by writing to IMAX Privacy Officer, 2525 Speakman Drive, Mississauga, Ontario, Canada L5K1B1.

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The below Terms of Use are specific to the United Kingdom

TERMS OF USE

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 THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

TERMS OF USE

Last updated April 3, 2014

This website (and any mobile version) (the “Sites”) is owned and operated by IMAX Corporation of 2525 Speakman Drive, Mississauga, Ontario, L5K 1B1, Canada ( “IMAX” or “we”). Please review the following terms and conditions, which, along with all applicable laws, govern your use of the Sites (the “Terms of Use”).

Your use of the Sites constitutes your agreement to follow and be bound by the Terms of Use, and your agreement and acknowledgement that any other agreements between you and IMAX relating to the subject matter herein are superseded. We reserve the right to modify these Terms of Use at any time in our sole discretion without prior individual notice. Any modifications to these Terms of Use will be posted on the Sites, and you will be deemed to have agreed to these modifications through your further use of the Sites. For this reason, we encourage you to review these Terms of Use whenever you use any of the Sites. You can tell when these Terms of Use were last modified by checking the “last updated” date that appears at the top of these Terms of Use.  If you do not agree to these Terms of Use, please do not use the Sites.

These Sites are intended solely for users who are 13 years of age or older.  By using these Sites, you represent and warrant that you are 13 or older, and that you agree to and abide by all of the terms and conditions of these Terms of Use.

Sites’ Contents

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 or its affiliated companies.  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.

Images of people or places displayed on the Sites are either the property of, or used with permission by, IMAX. The use of these images by you or anyone else is prohibited unless specifically permitted by the Terms of Use or specific permission is provided elsewhere on the Sites or by the owner of such images. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  IMAX assumes no liability or responsibility for any damages arising out of your wrongful and/or illegal use of such images.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of IMAX and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right of any kind to use any Trademark displayed on the Sites without the express written permission of IMAX or such third party that may own the Trademarks displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in these Terms of Use, is strictly prohibited. You are also advised that IMAX will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Linking Policy

You may link to the Sites from another webpage only in accordance with the following rules: Links must be to the home page of this Website and in plain text, unless otherwise approved in writing by an authorized representative of IMAX. Such link (in the opinion of IMAX) must not actually or potentially damage, dilute or tarnish the goodwill associated with IMAX or any of its associated companies, business names, brands or intellectual property, or create the impression that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with IMAX. You may not "frame" the Sites or alter their intellectual property in any other way. You may not link to the Sites from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by IMAX in its sole discretion. IMAX reserves the right, in its sole discretion, to terminate a link with any website for any reason and at any time.

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.

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.

User Submissions

You hereby grant to IMAX a royalty free, perpetual license to use or treat any content that you post or submit to the Sites (including, without limitation, any pictures, artwork, comments, video or audio material, postings or written content) ("Submissions") throughout the world in any media as IMAX in its sole discretion sees fit. You hereby waive any so called "moral rights" you may have in and to any of your Submissions. You represent that any Submissions are original to you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that IMAX determines are necessary to affect the intentions of these Terms of Use. You agree and understand that IMAX is not obligated to use any Submissions you make to IMAX through the Sites or otherwise and you have no right to compel such use.

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 acknowledge that, with respect to any claim you may have relating to or arising out of a IMAX’s actual or alleged exploitation or use of any Submissions, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

User Forums

Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Sites or linked from the Sites ("User Forums") are provided to give users a forum to express their opinions and share their ideas and information. IMAX does not monitor, endorse and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. IMAX reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Sites for any reason in IMAX's sole discretion.

Restrictions on Use

It is forbidden to make any use of the Sites which is intended to promote and/or generate any revenue for you, your business, any third party or the business of any third party.

You agree not to do any of the following while using the Sites, including any User Forum:

1. harass, stalk or otherwise abuse another user;

2. transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of IMAX), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by IMAX in its sole discretion);

3. transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

4. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Sites or to IMAX;

5. transmit, post, send, upload, distribute, submit or otherwise make available through the Sites any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;

6. violate any applicable local, national or international law, rule or regulation; or

7. collect, store and/or identify private or personal information of any user.

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 (or linked from the Sites), IMAX and its affiliated companies are 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. 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.

Promotions

The Sites may contain competitions and/or promotions that are governed by a separate set of rules. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter such competition or promotion. By entering any such competitions or promotions, you agree to comply with and abide by such rules and the decisions of any sponsor(s) identified therein, which shall be final and binding in all respects.  To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control.

Information about you

Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Sites’ practices governing your personal information are disclosed in its Privacy Policy and Cookie Use Policy. The decision to provide this information is purely voluntarily and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Sites. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information.

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.

Security

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.

DISCLAIMER

THE SITES AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON THEM ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES.

IMAX and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on these Sites. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by IMAX and its parents, affiliates, subsidiaries, licensors and assigns. Views and opinions of users of the Sites do not necessarily state or reflect those of IMAX and its parents, affiliates, subsidiaries, licensors and assigns. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available on the Site.

The Internet may be subject to breaches of security. IMAX and its parents, affiliates, subsidiaries, licensors and assigns are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing IMAX any information. IMAX and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Sites. The Sites may be temporarily unavailable due to maintenance or malfunction of computer equipment.

EXCLUSION OF LIABLITY

YOU AGREE THAT IMAX AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS.

NOTWITHSTANDING THE ABOVE, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE RELEASED PARTIES IN RESPECT OF DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR FOR FRAUDULENT MISREPRESENTATION.

INDEMNITY

BY USING THE SITES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD IMAX AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO ANY BREACH BY YOU OF THESE TERMS OR USE OF THIS WEBSITE BY YOU, UNDER YOUR MEMBERSHIP OR VIA ANY HARDWARE OWNED OR CONTROLLED BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

General

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of IMAX’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use constitute the entire agreement between us relating to your use of the Sites.

Termination

These terms are effective unless and until terminated by IMAX.  IMAX may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Sites, for any reason or no reason.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.

©2014 IMAX Corporation.  IMAX® is a registered trademark of IMAX Corporation. All rights reserved. 

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