License to the Site
Filmax grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Site and/or Terms and Conditions of Service
Filmax reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. The last change and amendment is indicated in the date above. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Trademarks, Copyrights & Restrictions
All trademarks, service marks, and trade names are proprietary to Filmax and protected under the applicable trademark law and / or intellectual property law. You should assume that everything you see or read on the Site is protected under trademark law and / or intellectual property law unless otherwise noted. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site (the "Site Materials") without the prior written permission of Filmax. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright, droit d’auteur and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of Filmax’s copyrights and / or other intellectual proprietary and droit d’auteur rights. Use of the Site Materials on any other website or other networked computer environment is prohibited without prior written permission from Filmax.
Filmax is not necessarily affiliated with websites that may be linked to or from the Site (the "Linked Sites") and is not responsible for their content, products or services. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products, or services obtained from any Linked Sites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Registration and Acceptance of Terms
In order to create your Filmax Account (your "Account") you agree to fill your registration information (“Registration Information”) with current and complete information. Users provide inaccurate, false, or non-current Registration Information may, at Filmax’s sole discretion, have their Account suspended or terminated, and may be permanently banned from using any online Filmax service.
As part of your Account, you will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your Account. You agree that you will immediately notify Filmax of any unauthorized use of your user name or password. Filmax shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.
You understand and agree that you may not reproduce copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
You understand and agree that Filmax may, in its sole discretion and at any time, terminate your password or Account for any reason. Filmax may also, in its sole discretion and at any time, limit or restrict any user’s access thereto, for any reason. You understand and agree that Filmax may take any one or more of these actions without prior notice to you. Should Filmax take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information. You understand and agree that Filmax shall not have any liability to you or any other person for any termination and/or the removal of information concerning your Account.
THE SITE AND THE SITE MATERIALS ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FILMAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FILMAX DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. FILMAX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FILMAX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FILMAX BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS EVEN IF FILMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FILMAX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
If you believe that any Content appearing on the Site has been copied in a way that constitutes copyright infringement, please forward the following information to the Administrator of Site named below:
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Personal data and sensitive information
You are hereby informed that any and all personal data and information that you voluntary communicate to Filmax by creating your Account will be incorporated in a database which is property and responsibility of Filmax whose contact information and address are mentioned in the Administrator of the Site section mentioned below. Such collection and treatment of your personal data and information aim to register you, to create your Account, to allow the access to the contents of this site restricted to users and client of Filmax and to be informed of the news related to the international activity of Filmax. This personal information is limited to the one necessary for the good working order of the site and does not exceed what is reasonable for this purpose.
By your registration and access to your Account you agree with the collection and treatment of your personal data and information
In accordance with the current Spanish legislation that is available at the following address: www.agpd.es, you are free to access, request information, modification, correction and /or removal of any and all of the personal data and information that you provided at no cost by contacting to the Administrator of the Site by mail, email, telephone (during business hours) or fax indicated below.
In accordance with the current Spanish legislation, Filmax has taken the necessary security means to protect the data provided by this Site’s users and, furthermore, Filmax adopted any standard means and technical devices intending to avoid the loss, bad use, alteration, unauthorized access and piracy of the data.
Non Identifying Information
Filmax gathers and analyzes non-identifying user information such as Internet Protocol (“IP”) addresses and browser types for statistical purposes only. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting IP addresses is standard practice on the internet and is done automatically by many websites. In order to better aim our application efforts, we may record and tally information for the purpose of, including but not limited to, measuring our traffic and determining the origin of the audience.
Lionsgate does not buy or sell consumer information. We use and disclose information as explained in this policy and as required by law.
Administrator of the Site – Database responsible entity
Filmax Pictures, S.L.
Tax Id# ES-B-85561777
Calle Miguel Hernández, 81-87
Districte Economic de Hospitalet
Hospitalet de Llobregat, 08908
Barcelona - Spain
Telephone: +34 93 336 85 55
Fax: +34 93 336 85 66
This TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. Any failure to enforce any provision of this TOS shall not constitute a waiver thereof or of any other provision thereof.
This TOS shall be governed and construed in accordance with the laws of the Kingdom of Spain. Any dispute or claim arising out of or relating to this TOS shall be submitted to and settled by courts having jurisdiction in Barcelona, Spain.