TERMS OF USE

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1. Terms of Use (Including Disclaimers and Limitations of Liability)

1.1 Access to and use of the My Cinema website is provided by the Independent Cinema Association of Australia Incorporated ABN 14 546 264 865 (ICAA) subject to these Terms of Use, the Privacy Policy and the Intellectual Property Notice set out below (collectively the Website Usage Terms). By using the My Cinema website you agree to be legally bound by the Website Usage Terms, which will take effect immediately on your first use of the My Cinema website. If you disagree with any part of the Website Usage Terms, please do not use this website.

1.2 ICAA may change the Website Usage Terms at any time by posting changes online.

1.3 The content of the pages of the My Cinema website is for your general information and use only. It does not constitute legal advice or business advice.

1.4 The My Cinema website contains material which is owned by or licensed to ICAA including, but not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Intellectual Property Notice.

1.5 Unauthorised use of the My Cinema website may give rise to a claim for damages and/or be a criminal offence.

1.6 The My Cinema website uses cookies to monitor browsing preferences (see further under ‘Privacy Policy’).

1.7 Through the My Cinema website you may access links to other websites, the nature, operation, content and availability of which are not under the control of ICAA. The inclusion of any links does not necessarily imply a recommendation or endorsement by ICAA of the views expressed in them. ICAA has no responsibility or liability for the content of any linked website(s). See further under ‘Privacy Policy’.

1.8 Whilst all reasonable efforts are made to keep the My Cinema website up and running smoothly, ICAA is not responsible for, and will not be liable for, the My Cinema website being temporarily unavailable due to technical or other issues beyond ICAA’s reasonable control.

1.9 In addition to the Website Usage Terms, there may also be specific and additional provisions which apply to specific events or activities, such as entering a competition, subscribing to a newsletter or participating in a survey. If there is any inconsistency between the Website Usage Terms (in particular, but without limitation, the Privacy Policy) and those specific and additional provisions, the specific and additional provisions will apply.

1.10 To the maximum extent permitted by applicable law, ICAA excludes all representations, warranties and conditions, express or implied, relating to the My Cinema website and the use of the My Cinema website including, without limitation:

(a) any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill; and

(b) any warranty or representation by ICAA or any third party as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the My Cinema website for any particular purpose.

1.11 ICAA expressly excludes liability for any loss or damage including, without limitation, indirect or consequential loss or damage, loss of data or loss of profits arising out of, or in connection with, the use of the My Cinema website, to the fullest extent permitted by law. Accordingly, your use of any information or materials on the My Cinema website is entirely at your own risk and it is your own responsibility to ensure that any products, services or information available through the My Cinema website meet your specific requirements.

1.12 Your use of the My Cinema website and any dispute arising out of such use is subject to the laws of the State of New South Wales, Australia, and ICAA and you submit to the exclusive jurisdiction of the courts of that State and country.

2. Intellectual Property Notice

2.1 ICAA and its licensors (if any) own the intellectual property rights (including, without limitation, the copyright) in the My Cinema website and material on the My Cinema website. Subject to the licence in paragraph 3.2 below, all of these intellectual property rights are reserved.

2.2 Whilst you may view, download for caching purposes only, and print pages from the My Cinema website for your own personal use, you must not:

(a) republish material from the My Cinema website (including republication on another website);
(b) sell, rent or otherwise sub-license material from the My Cinema website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on the My Cinema website for a commercial purpose;
(e) redistribute material from the My Cinema website except for content specifically and expressly made available for redistribution; or
(f) transmit it or store any material from the website in any other website or other form of electronic retrieval system, except with ICAA’s express written permission.