Terms & Conditions
As of April 22, 2021
These Terms of Use apply to www.cohenmedia.net and www.cohenfilmcollection.net (the "Sites") and constitute a legal agreement between you and Cohen Media Group, LLC and Cohen Film Collection LLC (“we” or "us") as to the terms and conditions with which visitors to the Sites must comply.
PLEASE READ CAREFULLY, because by visiting the Sites, you agree to be bound by these Terms of Use, as well as the terms of our Privacy Policy, which are incorporated into and made a part of these Terms of Use. If you do not agree with or do not wish to be bound by all of these Terms of Use, please navigate away from the Sites and don’t post or provide us with any information or otherwise use the Sites in any manner. We reserve the right to amend these Terms of Use at any time and will post the amended terms here, so please check back often and check the date above to see when they were last updated. By continuing to visit or use the Sites, you agree to the amended Terms.
USE AND CONTENT
The Sites and all associated content are intended solely for the personal, non-commercial use of our users. All information and materials available via the Sites (collectively, "Content") are protected by copyright, trademark and other applicable laws, and are owned or controlled by us or our licensors. You agree to abide by all copyright and other laws and notices, information and restrictions appearing in conjunction with any Content on or accessed through our Sites. The Content may not be copied, downloaded or stored and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent or as expressly permitted on the Sites itself.
THIRD PARTY LINKS, SERVICES AND PRODUCTS
The Sites may contain links to other Internet sites, organizations, resources and advertisers, and other sites may link to these Sites. Navigating an advertisement or other link will redirect you away from our Sites to a third party site or service. Interactions and transactions between you and third parties are strictly between you and such third parties and we are not responsible for examining or evaluating, and do not warrant the goods, services or offerings of any third party or the content of their websites or advertisements. Consequently, we do not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability or content of these outside resources. You should direct any concerns regarding other sites to their operators.
USER FORUMS AND USER-GENERATED CONTENT
The Sites may from time to time contain chat rooms, forums, message boards, and/or similar services to its users that allow users to post comments and content ("User Forums"). You agree not to post, upload or otherwise publish through a User Forum any content that is libelous, defamatory, obscene, profane, sexually explicit, abusive or that violates any law, rule or regulation. Whatever you post in User Forums will be publicly viewable, so please use your best judgment and be respectful of other users. You agree not to use vulgar, abusive, offensive or hateful language. We do not endorse the opinions on User Forums, and reserve the right to suspend or discontinue any or all Forums at any time.
User Forums are for non-commercial use only. You may not, without our express approval, use them to advertise or solicit any goods or services, to solicit funds or information from other users, or any other promotional or commercial purposes. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. We do not and cannot review all content in the User Forums and are not responsible for the content of any of these messages. However, we reserve the right to delete, move or edit messages that we, in our sole discretion, believe violate these Terms of Use or any law, rule or regulation, or are abusive, defamatory, obscene or otherwise unacceptable.
You will own and remain responsible for the content of all submissions to User Forums. However, you grant us a free, perpetual, transferable, universe-wide license to copy, use, disclose, publish and/or distribute anything you post on the Sites, as well as your name, username or any other identifying information provided in your post, for any purposes whatsoever and in any and all media now or hereafter known, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied or implied in your submissions for any purpose whatsoever without compensation to you, including, but not limited to, improving the Sites or developing and marketing products or services incorporating such ideas, concepts, or techniques.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that (a) all registration information and other information you submit to us via the Sites is and will remain truthful and accurate; (b) that neither your use of the Sites nor any information submitted by you or the use thereof by us or our users in accordance with these Terms of Use will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading statements of fact or indications of origin; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (c) you are at least the applicable age of majority in the jurisdiction where you reside and you and possess the legal authority to agree to these Terms of Use.
You agree to and hereby indemnify, defend and hold us and our officers, directors, shareholders, agents, service providers, affiliates, licensors, users, licensees, agents and representatives (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, court costs and attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim and shall not enter into any settlement agreement which affects our rights without our prior written approval. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by you.
ACCESS OUTSIDE THE UNITED STATES
If you are visiting our Sites from a location outside of the United States, be advised that your information may be transferred from your location through and to servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to the federal and state laws of the United States. By using the Sites or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States. Please see our Privacy Policy for more information.
SYSTEM INTEGRITY
You may not interfere or attempt to interfere with the proper working of the Sites or any transaction conducted on the Sites. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
DISCLAIMER OF WARRANTIES
We don’t represent, warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites. Your use of our Sites is at your sole risk. ALL INFORMATION AND MATERIALS PROVIDED VIA THE SITES ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITES. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW.
LIMITATION OF LIABILITY
NEITHER WE NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. The foregoing is applicable to the fullest extent permissible under applicable law.
MISCELLANEOUS
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of the Sites. If any provisions are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. The Sites are hosted and operated in the United States and we make no representation that any Content is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions and any and all actions in connection with the Sites and/or these Terms of Use shall be brought exclusively in the federal or state courts located in New York, New York, U.S.A.
CONTACT US
If you have any questions about these Terms of Use, please contact us using our form or at:
Cohen Media Group
750 Lexington Avenue 5th Floor
New York, NY 10022
(646) 380-7929
All trademarks and service marks on the Sites are the properties of their respective owners. Copyright © 2021 Cohen Media Group, LLC and Cohen Film Collection LLC. All rights reserved.