The following describes the terms by which Cinedigm Digital Cinema Corp. offers you access to our website, platform and services:

Acceptance of Terms
Cinedigm Digital Cinema Corp. (“Cinedigm”) provides a collection of online resources, including search, browse, user profile pages, community pages, event detail pages, venue detail pages, performer detail pages, the Voting service, comments, link sharing, tags, , data input tools, and Web Services application programming interfaces (APIs), (collectively referred to hereafter as “the Service”) subject to the following Terms of Service (“Terms”), which may be updated by Cinedigm from time to time. Cinedigm will provide notice of materially significant changes to the Terms by posting notice on the Cinedigm site. You can review the most current version of the Terms at: http://cinedigm.com/corporate-info/terms-of-use/
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Cinedigm services, you agree to abide by any applicable posted guidelines for all Cinedigm services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Cinedigm does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of Cinedigm. Cinedigm makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Cinedigm be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Cinedigm does not pre-screen or approve Content, but that Cinedigm shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Cinedigm Communications
In the course of providing you services, Cinedigm will communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Cinedigm Service, including but not limited to notifications about performers and events you’ve expressed interest in. Cinedigm will use the email address you provide to register you to use our Services, to verify your authority to use certain features of our Site and Services, to deliver certain services and notices based on the email settings you have selected, or to improve and tailor the content and general administration of our Site and Services.

Conduct and Responsibilities

• You are solely responsible for your conduct and any Content that you submit, post, and display on the Service.
• You are responsible for any activity or Content associated with your screen name.
• You are responsible for keeping your password secure.
• You must be 13 years of age or older to use the Service.
• You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way.
• You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• You must not submit Content that impersonates any person or entity, including, but not limited to, an Cinedigm employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
• You must not submit Content that includes non-public personal or identifying information about another person without that person’s explicit consent.
• You must not submit Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
• You may not use the Service for any illegal or unauthorized purpose.
• International users agree to comply with all local laws regarding online conduct and acceptable content.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Cinedigm.
• You must not create or submit unwanted email to any Cinedigm users (“SPAM”).
• You must not create or submit intentionally false or misleading information.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must get express authorization from Cinedigm before you can use any portion of the Service, including any Content or use of Cinedigm’s API, for any commercial purpose.
• Violation of any of these terms will result in the termination of your Cinedigm account. While Cinedigm prohibits such conduct and content on its site, you understand and agree that Cinedigm cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Service at your own risk.

General Conditions
We reserve the right to modify or terminate all or any portion of the Service for any reason, without notice at any time.
We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via email (if you’ve provided us with your email address) as well as on the Terms page itself. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

Cinedigm’s voting service enables users, distributors and others to gather data wherein users indicate their interest in having specific events such as movie screenings occur in their city. Cinedigm does not represent or warrant that its services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete or otherwise valid. Cinedigm’s services are provided “as is” with no warranty, express or implied, of any kind and Cinedigm expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and or non-infringement. In addition, Cinedigm expressly disclaims any and all representations and warranties that any events will occur or that any event will occur or fulfill any stated or implied promises or commitments relating to Cinedigm. Cinedigm shall not, under any circumstances, be liable to users for any indirect, incidental, consequential special or exemplary damages arising out of or in connection with the use of Cinedigm. To the maximum extent permitted by applicable law, users hereby release and waive all claims against Cinedigm, and its affiliates, officers, agents, licensors, shareholders and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to use of Cinedigm.

Copyright
Although Cinedigm does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to Cinedigm an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Cinedigm’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at copyright at Cinedigm.com, or:
Cinedigm Digital Cinema Corp. 55 Madison Avenue, Suite 300, Morristown, NJ 07960

Please provide our Agent with the following Notice:

• Identify the copyrighted work or other intellectual property that you claim has been infringed.
• Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website.
• 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.
• A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
• Your address, telephone number, and email address and
• Your physical or electronic signature.

Privacy and Information Disclosure
Cinedigm has established a Privacy Policy to explain to users how their information is collected and used, located at http://Cinedigm.com/privacy. Your use of Cinedigm’s website(s) or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Cinedigm may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time-stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Cinedigm, its users, or the general public.

No Spam Policy
You understand and agree that sending unsolicited email advertisements to Cinedigm email addresses or through Cinedigm computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Cinedigm computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Termination of Service
You agree that Cinedigm, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Cinedigm believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Cinedigm shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Disclaimer of Warranties
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CINEDIGM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CINEDIGM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CINEDIGM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CINEDIGM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CINEDIGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Cinedigm, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General Information
The Terms constitute the entire agreement between you and Cinedigm and govern your use of the Service, superseding any prior agreements between you and Cinedigm. The Terms and the relationship between you and Cinedigm shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Cinedigm agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Cinedigm to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse at Cinedigm.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Cinedigm respects your right to privacy and we are committed to protecting it. Accordingly, we abide by the following principles and policies for all of the Personally Identifiable Information we collect from you and we are committed to following them in our day-to-day operations. This Privacy Policy details certain policies implemented throughout Cinedigm’s Site and Services governing Cinedigm’s use of Personally Identifiable Information submitted by users.

Privacy Policy Updates
As our business grows and changes, we expect to revise or enhance these policies from time-to-time. We will post a current version of our Privacy Policy on our Site and will communicate material changes to our Privacy Policy to users and the public by posting a notice on our Site for ten days following the change. If any modification is unacceptable to you, you shall cease using our Site and Services. If you do not cease using our Site and Services, you will be conclusively deemed to have accepted the change.

Correcting/Updating Personally Identifiable Information
Cinedigm provides you with the ability to review, correct and delete any of the Personally Identifiable Information that you have provided to us at any time. If you have questions about this Privacy Policy or wish to review or correct any information you have provided to us, you may do so by (i) accessing your account online, (ii) submitting an email request to us at cdrake@cinedigm.com , or (iii) sending a letter to the following address: Cinedigm Digital Cinema, 55 Madison Avenue, Suite 300, Morristown, NJ 07960

What Information We Collect
We only collect Personally Identifiable Information about you from our Site if you choose to provide it to us. This means you can visit our Site without revealing any Personally Identifiable Information. Like most web sites, our web servers do collect information about your visit, but not about you personally. This information may include the URL, IP address, browser type and language, and the date and time of your visit.

In order to use certain features of the Site and Services you may be asked to register. Any Personally Identifiable Information which is required and that you choose to provide within the registration process will not be disclosed on our Site. Once registered, you may provide additional information in various areas of the site. Providing additional information beyond the fields in the registration process is entirely optional and such information may be visible to the public.

How We Use the Personally Identifiable Information You Provide To Us
We may use your Personally Identifiable Information to register you to use our Services, to verify your authority to use certain features of our Site and Services, to improve and tailor the content and general administration of our Site and Services, and, based upon the email settings which you may select, to deliver certain content, information, services and notices from Cinedigm as well as communications regarding information, events, content, products and services of our third party partners.

Opting In and Out of Email Communications from Cinedigm and Third Parties
By providing your email address while signing up for Cinedigm or submitting a vote you automatically grant permission to Cinedigm to send email communications to you. During the sign up and voting process you may also indicate via a check-box whether you grant permission for Cinedigm to share your email address with additional third parties and for those third parties to send emails directly to you. You may manage your opt in preferences and opt out of receiving email communications by clicking “unsubscribe” from an email sent to you by Cinedigm or by signing in to Cinedigm online and managing your preferences.

Disclosing Your Personally Identifiable Information to Others
Except as expressly provided in this Privacy Policy, we do not disclose or market Personally Identifiable Information obtained through our Site to others. Based upon your opt in settings which you may manage as described above, we may from time to time provide your Personally Identifiable Information to third party partners for various purposes, including to allow those third party partners to contact you about news, events, products and/or services in which you may be interested. If you do not wish to be included on the list of users disclosed to our third party partners, you may indicate this preference during the sign up or Voting submission or you may manage your opt in preferences as described above. To stop receiving communications from a third party to whom we have already provided your information prior to your opting out, contact that third party directly or click unsubscribe from an email which you receive from the third party. We may disclose your personally identifiable information: (a) to complete a transaction that you initiate, (b) as required by law, (c) when necessary to protect the safety of customers, employees, or property, (d) when you specifically authorize it or (e) when required to service the company’s system infrastructure.

Cookies, Web Beacons, and Other Internet Data
Like most web sites, we may use cookies, web log files, IP addresses, or web beacons in order to recognize you as a registered user, improve overall Site experience, tailor and customize the content of our Site, or track Site usage. This data may be exchanged between the user’s computer, our Site, and the systems of our infrastructure partners. The linkage between this data and your Personally Identifiable Information is never shared without your permission or except when required by law.

Security and Data Storage
We employ procedural and technological security measures that are designed to safeguard your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration or destruction. Cinedigm may use encryption, password protection, and other security measures to help prevent unauthorized access to your Personally Identifiable Information.

International Users
Our computer systems are currently based in the United States where data protection requirements and privacy regulations may be different than other parts of the world. If you create an online account on this website as a visitor from outside the United States, you will have agreed to the terms of this Privacy Policy and our Terms of Use, you will have consented to processing of all such information in the United States, and you will have agreed that your personal information will be subject to the requirements of the privacy regulations of the United States, which may not offer an equivalent level of protection as certain other countries.

Children’s Privacy
Cinedigm recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities. Cinedigm’s Site and Services are not intended for children under the age of 13. Cinedigm does not target its Site and Services to children under 13. Cinedigm does not knowingly collect Personally Identifiable Information from children under the age of 13.

Assignment
You maintain ownership rights to your Personally Identifiable Information, even if there is a business transition. However, we may transfer your Personally Identifiable Information to a successor entity upon a merger, consolidation, or other corporate reorganization in which Cinedigm participates or to a purchaser of all or substantially all of Cinedigm’s assets to which this Site relates.

Links to Third Party Sites
This privacy policy applies only to the privacy of users of Cinedigm’s Site and Services. By using Cinedigm’s Site and Services you agree to the terms of this privacy policy. If you move from Cinedigm’s Site to external web sites owned or operated by other entities or individuals, you should check the privacy policies of those external web sites carefully. The terms by which the owners or operators of those external web sites manage your Personally Identifiable Information obtained at such third party sites could differ from how Cinedigm manages your Personally Identifiable Information.

Definitions

• “Personally Identifiable Information” may include your name, address, telephone number, email address, or other information which by its nature can identify you personally. However, “Personally Identifiable Information” excludes any information that you choose to make available on parts of the Site that are accessible to the public such as your public profile and other publicly visible content that you may add to the Site.
• “Cinedigm” refers to Cinedigm Digital Cinema Corp, a Delaware corporation. “Cinedigm” and the Cinedigm logo are registered trademarks of Cinedigm Digital Cinema Corp.
• “Site and Services” refer to the features and functionality (“Services”) made available to users at the Internet web site located at the URL Cinedigm.com (“Site”) and via email communications, mobile applications and other medium.

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• Booker
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• Lab
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