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.

TERMS OF USE

Last updated May 22, 2018.

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, governing 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agreement and acknowledgement that any other agreements between you and IMAX relating to the subject matter herein are superseded.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, in 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 used in accordance with our Privacy Policy. You agree that: (a) all matters relating to your use of 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 without regard to any principles of conflicts of law); 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), 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.

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 or 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 Image 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 and our Cookies 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 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.

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.

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