Terms and Conditions of Use of This Web Site

Welcome to the website (the “Website”) 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 Website (the “Terms of Use”).

Your use of the Website 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agreement and acknowledgement that any other agreements between you and IMAX relating to the subject matter herein are superseded.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 Website, and you will be deemed to have agreed to these modifications through your further use of the Website. For this reason, we encourage you to review these Terms of Use whenever you use any of the Website. 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 Website.

Personal information you provide to us may be transferred to our servers and/or offices in the U.S. You agree that by providing us with your personal information, your personal information may be subject to U.S. laws, regulations and/or court orders and may be disclosed to third parties or U.S. authorities in complying with U.S. laws, regulations and/or court orders. You agree that: (a) all matters relating to your use of the Website 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 Website, 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 Website may be accessed globally, if you choose to access the Website 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 Website 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.

Website's Contents

Unless otherwise noted, the Website, and all materials on the Website, 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 Website will not infringe the rights of third parties not owned by or affiliated with IMAX.

The Website 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 Website 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 Website. Without limiting the generality of the foregoing, in particular, you may not distribute, modify, transmit, reuse, repost, or use the Contents of the Website 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 Website.

Images of people or places displayed on the Website 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 Website 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 Website are registered and unregistered Trademarks of IMAX and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right of any kind to use any Trademark displayed on the Website without the express written permission of IMAX or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, 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 Website, you may not under any circumstance use technology to display the content of the Website 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 Website.

You acknowledge the unauthorized use of the Website 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 Website

We reserve the right, at any time in our sole discretion, to: modify, suspend, discontinue or restrict use of any portion of the Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance or restriction of the Website, or of any service, content, feature or product offered through the Website.

Other Policies

In the footer sections of the Website, we maintain a number of policies designed to protect and offer special benefits to our users, including our Privacy 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 Website 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 Website is current and contain no errors or inaccuracies, we make no representations, warranties or guarantees that the information, Contents or materials included in the Website 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 the Website.

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 Website 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 Website, 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 Website 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 WEBSITE ARE DONE ENTIRELY AT YOUR OWN RISK. NEITHER IMAX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE 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 WEBSITE 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 WEBSITE, ALTHOUGH WE MAY DO SO AT ANY TIME, WITH OR WITHOUT NOTICE.

Exclusion of Liability

Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. IMAX shall not be liable for any damages of any kind related to your use of the Website. You agree that your sole remedy in the event of any problem with your use is to cease using the Website. 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 Website or any other website linked to the Website 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 Website for your personal entertainment, information, education, and communication. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Website 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 Website.

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 Website.

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 Website or your downloading of any materials, data, text, images, video or audio from the Website.

IMAX has not reviewed all of the sites linked to the Website 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 Website. 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 Website 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 Website.

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 Website, 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.

© 2010 IMAX Corporation. All rights reserved.

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