The following terms and conditions (the “Terms of Use”) govern your use of the websites and mobile-optimized versions of the websites to which these Terms of Use are linked and which are owned or operated by South Beach Cinema and its subsidiaries (“we” and “us”) (collectively, the “Websites” and or the "Festivals").

The term “Websites” includes all subdomains of Websites and any content, code, data, services, features or functionality made available from or through the Websites.

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites. Changes in the Terms of Use will be effective when posted and your continued use of the Websites and/or the services made available on or through the Websites after any changes to the Terms of Use are posted will be considered acceptance of those changes.

BY USING THE WEBSITES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT.

If you do not agree to these Terms of Use, you may not access or otherwise use the Websites.

Ownership.
As between you and the Festivals, excluding your Submitted Materials (as defined below), the Festivals or its licensors own, solely and exclusively, all rights, title and interest in and to the Websites, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files), code, data and materials thereon, the look and feel, design and organization of the Websites, and the compilation of the content, code, data and materials on the Websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.

Your use of the Websites does not grant to you ownership of any content, code, data or materials you may access on or through the Websites.

Feedback.
If you provide us any feedback or suggestions regarding the Websites (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Websites, you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate.

We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any feedback that you consider to be confidential or proprietary.

Limited License.
You may access and view the content on the Websites on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Websites, make single copies or prints of such content for your personal, internal use only.

Use of the Websites and the services offered on or through the Websites are only for your personal, non-commercial use.

Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Websites is strictly prohibited unless you have received the express prior written permission from authorized personnel of the Festivals or the otherwise applicable rights holder.

Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Websites.

You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Websites, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Websites.

If you make other use of the Websites, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Marks.
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Websites or on content available through the Websites, are registered and unregistered trademarks or service marks of the Festivals and third parties.

All Marks not owned by us that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners.

Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of us or the third party that may own the applicable Mark.

You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Websites or on or through any of the Websites’ services is strictly prohibited.

Registration Information.
In the course of your use of the Websites, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”).

Our information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy which is incorporated herein by reference for all purposes (the “Privacy Policy”).

You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information.

You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Websites using your Registration Information.

We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security.

We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.