Terms of Use

Important legal information about using the Cinema Treasures website and submitting content

Acceptance of Terms
Ross Melnick and Patrick Crowley (“Cinema Treasures”) provide for your use on this web site (www.cinematreasures.org) (the “site”), free of charge, documents, photography and other graphic images and written information (collectively, the “materials”) and certain services operated by Cinema Treasures (collectively, the “services”), subject to the terms and conditions set forth in this document (the “terms of use”).

Except With the Submission of Photography, You Acknowledge and Agree to the Terms of Use by Using This Site
Cinema Treasures reserves the right to change the terms of use from time to time at its sole discretion. you are responsible for regularly reviewing the terms of use for any modifications. your use of the site shall be deemed acknowledgement and acceptance of the terms of use in existence at the time of your use. you are also responsible for observing any rules, instructions, or guidelines posted elsewhere on the site, which rules, instructions or guidelines are hereby incorporated in these terms of use.

if you breach any of these terms of use, Cinema Treasures has the right to terminate your access to the site

Cinema Treasures’ Right to Use Feedback or Suggestions You Submit
By submitting any feedback, suggestions, comments on cinemas, photographs or other information, materials or communication to Cinema Treasures (“user content”), you warrant and represent that either (a) you own the user content; (b) you have received the express permission of the owner of such user content to submit the user content; (c) the user content is already in the public domain; or (d) you otherwise control the rights necessary to submit the user content.

Upon submission of user content, you grant, or where appropriate, may grant, Cinema Treasures and its affiliates the following:

a. for all non-photographic material:

• a worldwide, royalty-free, non-exclusive license to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such non-photographic user content and all rights appertaining thereto both online and offline;

• the right to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the non-photographic user content;

b. for all photographic material:

• a worldwide, royalty-free, non-exclusive license to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such photographic user content and all rights appertaining thereto as needed for (i) Cinema Treasures website and services on the world wide web and internet, each as commonly understood; (ii) press, marketing and publicity purposes relating to Cinema Treasures and/or theater preservation;

• the right to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the photographic user content;

c. optional rights with respect to all photographic material:

In addition to the foregoing rights you have granted Cinema Treasures, you may also grant them the following rights by clicking the ‘yes’ button associated with the question “would you like to give Cinema Treasures additional usage rights?”:

• a worldwide, royalty-free, non-exclusive license to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such photographic user content and all rights appertaining thereto both online and offline for any theater preservation-related purpose;

• the right to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the photographic user content;

The foregoing grants shall include the right to exploit any proprietary rights in such user content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. unless otherwise agreed to in writing, Cinema Treasures will not compensate you for Cinema Treasures’ use of such user content. Cinema Treasures is under no obligation to post or use any user content and may edit or remove such user content at any time in Cinema Treasures sole discretion.

Privacy Statement
Any personal information you submit to Cinema Treasures, including your name, telephone number and email address, will not be disclosed to any third parties for any reason whatsoever without your express written permission. Cinema Treasures will store this information and use it only to contact you regarding theater submissions, if applicable, or to send you information via email from time to time. if, at any time, you would like Cinema Treasures to remove your submitted personal information from its files or cease contacting you, please email us.

Cinema Treasures uses Google, as a third party vendor, to serve ads on this website. Google’s use of the dart cookie enables it to serve ads based on your visits to this website and other sites on the internet. you may opt out of the use of the dart cookie by visiting the Google ad and content network privacy policy.

Limitation of Liability and Disclaimer
The information included in or available through the site may include inaccuracies or typographical errors. Cinema Treasures may make changes periodically to the information on the site, including any improvements and/or changes. you should not rely on information on the site for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Cinema Treasures makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information contained on or obtained through the site for any purpose. all such information is provided "as is" without warranty of any kind. Cinema Treasures hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Cinema Treasures be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site, the provision of or failure to provide services, or for any information obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Cinema Treasures has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Links to Third Party Sites
The site may contain links to other sites (“third party sites”). Cinema Treasures does not control and third party sites and is not responsible for the contents of any third party site, including without limitation any link found in a third party site, or any changes or updates to a third party site. Cinema Treasures is not responsible for webcasting or any other form of transmission received from any third party site. Cinema Treasures is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cinema Treasures of such third party site. you are responsible for viewing and abiding by the privacy statements and terms of use posted at the third party sites.

Use of Site Information
except as otherwise indicated on this site, you may view, download and print the documents and information available on this site subject to the following conditions:

  1. the documents and information may be used solely for personal, informational, internal, non-commercial purposes.
  2. you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or through the site.
  3. you may not remove any copyright or other proprietary notices contained in the documents and information.
  4. Cinema Treasures reserves the right to revoke the authorization to view, download and print the documents and information available on this site at any time, and any such use shall be discontinued immediately upon written notice from Cinema Treasures.
  5. the rights granted to you constitute a license and not a transfer of title.
  6. you may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site.
  7. you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
  8. you may not (a) use any automated means to use the site or collect information from it (including without limitation the use of bots, spiders or scripts), (b) frame the site, place pop-up windows over its pages or otherwise affect the display of the site, (c) collect any personal information about other users of the site, or (d) customize the site in a way that adversely affects the display of any advertising or promotional links on the site (if any).
  9. you warrant to Cinema Treasures that you will not use the site for any purpose that is unlawful or prohibited by these terms of use.

the rights specified above to view, download and print the documents and information available on this site are not applicable to the design or layout of this site. elements of this site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Prohibited Communications
You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any civil or criminal law or the rights of others, including without limitation, laws against copyright infringement. violation of these restrictions may result in limitations on your access to this site.

Managing User Content and Communications
Cinema Treasures reserves the right, in its sole discretion, to delete or remove your user content from the site and to restrict, suspend or terminate your access to all or part of this site, at any time for any reason without prior notice or liability.

To the maximum extent permitted by law, Cinema Treasures will have no liability related to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Cinema Treasures also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.

Notification of Copyright Infringement
In appropriate circumstances but in the sole discretion of Cinema Treasures, Cinema Treasures will restrict or terminate access to the site of users who infringe the intellectual property rights of others. if you believe that Cinema Treasures or some third party has used or copied any of your user content in a manner constituting copyright infringement and such infringement is occurring on this site, please provide Cinema Treasures’ copyright agent a notice containing the following elements, and any other elements required by the digital millennium copyright act or other law:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  3. a description of where the material that you claim is infringing is located on the Cinema Treasures site;
  4. information sufficient to permit Cinema Treasures to contact you, such as your physical address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Cinema Treasures’ copyright agent for notice of claims of copyright infringement can be reached by emailing Cinema Treasures.

You Should Only Contact the Copyright Agent if You Believe That Your Work Has Been Used or Copied in a Manner Constituting Copyright Infringement and Such Infringement Is Occurring on This Site. the Copyright Agent Will Not Respond to Any Other Inquiries.

General
These terms of use constitute the entire agreement between you and Cinema Treasures, and supersede any other agreements or understandings (oral or written) between you and Cinema Treasures relating to the provisions of these terms of use. if a portion of these terms of use is deemed to be unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the terms of use shall be given full effect. Cinema Treasures’ failure to act in a particular circumstance or exercise any legal remedy it might have does not waive any other rights or remedies it might have. these terms of use shall be governed by the laws of the State of Delaware without regard to principles of conflict of laws or choice of law.

// Terms of Use * Version 2.0 * Last Modified: February 11, 2002 //