    PRIVACY POLICY Welcome to the website (the “Site”) of ANCHOR BAY ENTERTAINMENT AUSTRALIA (a Starz Company). Please review our information, legal terms and privacy policy before using the Site. TERMS OF USE PLEASE CAREFULLY READ THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, BEFORE USING THIS SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OF USE, PLEASE DO NOT USE THE SITE. ANCHOR BAY ENTERTAINMENT AUSTRALIA OWNS AND OPERATES THE SITE. ANCHOR BAY RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. ANCHOR BAY OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS PARTNERS MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; ANCHOR BAY MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION. 1. Use of Site Ownership of Content. All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, originating directly or indirectly from the Site, and all intellectual property rights in and to such items (collectively, "Content") constitute the sole and exclusive property of ANCHOR BAY ENTERTAINMENT AUSTRALIA or its subsidiaries, affiliates, licensors and content providers. The user is granted a personal, non-exclusive, non-assignable and non-transferable limited license to use the Site and access the Content. 2. Content User understands that by using the Site and accessing the Content, user may be exposed to Content that user may find objectionable. User agree to the following, irrespective of whether or not the Site includes parental control functions, and irrespective of the extent to which you use such parental control functions: (a) it is user's responsibility to determine which Content meets user's standards; and (b) under no circumstances will Anchor Bay or its content delivery providers, including, be liable in any way for any Content that user has access to during use of the Site, including without limitation any errors or omissions in any Content, quality of the Content, availability of the Content, the subject matter of the Content or any loss or damage of any kind incurred as a result of your use of the Content. 3. Additional User Conduct Guidelines Anchor Bay Entertainment Australia also asks that the user not impede or inhibit any other user from using and enjoying the Site. User agrees not to: (a) disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site, the Content or linked sites; (b) upload, post, or otherwise transmit through or on this Site any viruses, bots, worms or other harmful, disruptive or destructive files; (c) use or attempt to use another's account, service or system, or link to another site, without authorization from Anchor Bay; (d) create or use a false identity in your use of the Site or the Content; or (e) transmit through the Site or the Content spam, chain letters, junk mail or other types of unsolicited e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws. 4. Privacy Policy ANCHOR BAY ENTERTAINMENT AUSTRALIA is committed to providing users of its Site with an understanding of how Anchor Bay collects, stores and uses information, as well as the precautions taken by Anchor Bay to protect information concerning its users. This Privacy Policy is incorporated into and is a part of the Terms of Use; it describes Anchor Bay’s policies and procedures for the collection and use of personally identifiable information provided by the user as well as non-personally identifiable information. A. Personally Identifiable Information We Collect. Anchor Bay collects personally identifiable information that you voluntarily submit including, but not limited to: (1) the registration or account creation process for the Site; (2) the registration process for sweepstakes, contests, and other online promotions offered on the Site; (4) your participation in online research surveys offered on the site; or (5) the process to report a problem with our Site. The types of personally identifiable information Anchor Bay collects include email address, full name, full address, work and home phone numbers, age, gender and viewing preferences. B. How We Use the Personally Identifiable Information We Collect. Personally identifiable information is used by Anchor Bay to: (1) verify access rights to premium content or other access-restricted services, including for purpose of supporting digital rights management software; (2) improve our services by providing personalised content, language and location customisation, and/or personalised help and instructions; (3) provide information concerning compatibility and interoperability to you; (4) ask you to participate in surveys about products, services, news and events; (5) provide you with news, newsletters, updates, targeted advertising, promotions, and special offers; and (6) better understand how the Site is used, including web traffic patterns and what types of content are most popular with users. Anchor Bay does not sell, lease or license your personally identifiable information. Anchor Bay may disclose relevant personally identifiable information to agents and affiliates we engage to provide services for Anchor Bay. Examples include delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance and providing customer service. Such contractors and individuals are required to protect this personal information in a manner that is consistent with this Privacy Policy and to not use such personal information for any purpose other than to carry out the services they are performing for Anchor Bay. Also, Anchor Bay may disclose your personally identifiable information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Anchor Bay; (b) protect and defend the rights or property of Anchor Bay and its products and services; or (c) act in urgent circumstances to protect the personal safety of users of Anchor Bay products or services or the public at large. C. How To Update Your Personal Information. You may request that your information be changed, corrected or deleted from our databases by writing to Marketing Director, Anchor Bay Entertainment Australia 90 Mona Vale Rd, Mona Vale, NSW 2103 Australia. Any personally identifiable information collected by a content delivery provider may also be governed by that content delivery provider's Terms of Use and Privacy Policy. D. Non-personally Identifiable Information We Collect. By using the Site or the Content, you occasionally make available to Anchor Bay certain non-personally identifiable information, such as the domain name and the type of Internet server and browser, which pages of the Site you access, and the length of access. This paragraph of this Agreement explains how Anchor Bay uses such information, and how you can restrict the use and collection of non-personally identifiable information from "cookies." A "cookie" is a bit of text information stored on the hard drive of your computer by an Internet web server when you use the Site or access the Content. You can choose not to accept cookies, but in so doing, you may not be able to use the Site or access the Content. Refer to the Help information in your browser or Internet services provider site or software for instructions on how to disable cookies, or to be notified when a cookie is set. Cookies, by themselves, do not provide Anchor Bay with personally identifiable information unless you choose to voluntarily provide this information to us by, for example, registering on the Site. However, once you choose to furnish us with personally identifiable information, this information may be linked to the data stored in the cookie. Anchor Bay treats any personally identifiable information that may be contained in a cookie in the same manner as all other personally identifiable information we collect. E. How We Use the Non-personally Identifiable Information We Collect. Like other websites, Anchor Bay uses cookies for a variety of purposes. For example, we use cookies to: (1) personalize your experience when visiting the Site and using the Site; (2) improve the design and content of the Site and/or the Content; (3) analyze Site usage; (4) understand traffic patterns on the Site and to authorize access to certain premium or trial content and product features and (5) track your usage of the Site and/or the Content and to track your interactions with the Site through the third-party services including WebTrends On Demand. Anchor Bay reserves the right to disclose or otherwise utilize this non-personally identifiable information in aggregate form, for any purpose, in its sole judgment. 5. Email Notification By registering on the Site you authorize Anchor Bay to send you email from time to time. Generally, we send email to you about our services, content and special offers. You agree that as a subscriber to the Site, Anchor Bay may send you such email to the address you provide. Anchor Bay's content delivery providers may send separate marketing, promotional and account related emails when you purchase or subscribe to their products or services and such emails are subject to that content delivery providers opt-out procedures set forth in their Privacy Policy. 6. Limitation of Liability and Disclaimers USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER ANCHOR BAY ENTERTAINMENT AUSTRALIA, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANCHOR BAY, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANCHOR BAY, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION. ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF THE EVENT(S) WHICH GAVE RISE TO THEM OR THEY ARE BARRED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 7. Indemnification User agrees to indemnify, defend and hold harmless, Anchor Bay Entertainment Australia, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by the user. Anchor Bay Entertainment reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Anchor Bay in asserting any available defenses. 8. Third Party Links and Sites This Site may contain links to other Internet sites, resources and/or sponsors of the Site. Anchor Bay does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing links to outside sites does not constitute Anchor Bay’s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites after linking to them. 9. Miscellaneous These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of NSW and the federal laws of Australia. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of NSW for any disputes arising from or related to this Site or these Terms of Use. These Terms of Use are not intended to alter the terms or conditions of any other agreement you may have with Anchor Bay or its affiliates, parents, service providers or business partners to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms of Use may not be altered by action, inaction or course of dealing between the parties. These Terms of Use may only be altered by (a) prior written mutual agreement between Anchor Bay and user; or (b) Anchor Bay posting revisions on the Site. Failure by Anchor Bay to object to a user's behaviour, conduct or action does not constitute a consent, ratification or waiver of objection. The Site is intended for use only by Australian residents. If you have any questions or concerns about our Terms of Use, please write to us at: Anchor Bay Entertainment Australia |
|