Privacy Policy | Terms of Use

Privacy Notice | Terms of Use

Last Updated: August 1, 2025

This Privacy Notice describes the information collected through this website (the “Site”) and the related products and services we provide, whether online or offline, and how that information is collected, used, and disclosed. The Site, our products and services (including any mobile apps, online platforms, and other software (our “Software”)), and all related content, technology, and tools are, together, referred to as the “Services.” Kino Lorber Media Group (together with its affiliates, subsidiaries and related companies, “Company,” “we,” “us,” or “our”) and its suppliers may collect or receive the types of information described below as a result of your access to and use of the Services (together, “Collected Information”). For clarity, this Privacy Notice covers the Sites and Services provided by affiliates and subsidiaries of Kino Lorber Media Group, which includes, without limitation, Kino Lorber LLC (d/b/a Kino Film Collection) and KLMT LLC (d/b/a MHz Choice), affiliates of Kino Lorber Media Group. This Privacy Notice applies to all visitors to and users of the Services.

This Privacy Notice also explains your rights and choices regarding your personal information (if applicable), how we communicate changes to this Privacy Notice, and how you may contact us regarding questions or issues with respect to any matter addressed by this Privacy Notice.

This Privacy Notice is incorporated into and made a part of our Terms of Use, any applicable mobile app end user license agreement, and any other agreement that references this Privacy Notice or governs access to or use of the Services (together, our “Terms”).

By accessing, browsing, or otherwise using the Services, by accepting or entering into our Terms, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Notice and that you consent to our collection, use, and disclosure of your personal information and other Collected Information pursuant to the terms of this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the Services.

Changes to this Privacy Notice

We reserve the right to modify this Privacy Notice at any time. All changes will be effective immediately upon posting of the updated Privacy Notice on the Site and by accessing or using the Services after any changes are made, you agree to those changes. Material changes will be clearly posted on the Site or otherwise communicated to you (e.g., via email).

Information We Collect and How We Use and Disclose It

The information we collect generally falls into the following categories:

• Information that you voluntarily submit to us, for example, your contact information.
• Information collected through your use of the Services, for example, user activity, data collected by the servers used to operate the Services (e.g., IP addresses and device information), data collected by analytics and advertising services, data collected when you connect using or share information via social media platforms, and data collected by cookies and tracking technologies.

Collection. We will collect any and all information that you choose to submit to us through, using, or in connection with the Services, including, without limitation, the types of information described below.

	Examples and Subcategories	Purposes (defined below)
Identifiers	Your first and last name, email address, postal address, telephone number, and date of birth. Your preferences and usage information.   Usernames, login information (including, for example, passwords), social media accounts.	·       Services and Purpose Collected; Communication with You.   ·       Personalization; Advertising; Analytics.   ·       Promotional Communications.   ·       Disclosing Collected Information.   ·       Evaluation and Improvement.   ·       Quality Assurance.   ·       De-Identified Data and Aggregated Data.   ·       Lawful Processes; Protection of Company.   ·       Business Transactions.
Protected Classifications Under Applicable Law	Age (40 years or older)
Internet or Other Electronic Network Activity	Web browser, IP addresses, MAC Address, log files, login information, cookies, pixels, beacons, other unique online identifiers, and device and user activity information (e.g., search parameters, online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit, and other usage data).
Commercial & Usage Information	Amount and types of orders, Services and products requested or purchased, shipping information.   Survey responses and Service feedback. Information associated with which features you use and how you use our Services.
Approximate Geolocation Information	Approximate geolocation through IP Address and / or Zip Code.
Professional or Employment Related Information	Business contact information, job title, entity you represent or work for, business telephone number, business address, business email address.
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information	Photos and videos you upload to the Services.
Contact Forms and Requests for Information or Support	The Identifiers you submit, details about the products or services you are interested in, the entity you represent, and the subject matter you are interested in.
Inferences	Preferences, behaviors, characteristics (including, for example, age, gender), and similar information inferred from the above categories of information.

 

Purposes We Process Your Information For. In addition to the uses and sharing described above, Company and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Notice and as required or permitted by applicable law.

• Services and Purpose Collected; Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the Services (including, for example, your purchases and account activity), your requests for information, User-Generated Content you provide, to administer your account (where applicable) and Company business activities, to provide customer support to users of the Services, and to provide you communications that you request.

 

• Personalization; Advertising; Analytics. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, to personalize your search and browse results, make suggestions on products or titles on the Services that may be relevant to your preferences, and to otherwise personalize your experience while visiting or using our Services. Additionally, we may collect your information and share it with our third party service providers to understand how our Services are used and to improve the Services (as described further in the “Analytics” section of the Privacy Notice below). Further, we may use your information for us, or our third party service providers, to use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information. For more information, please see the “Advertising Networks, Personalized Advertising, Remarketing, and Retargeting” section of the Privacy Notice below.

 

• Promotional Communications. Company may, to the extent permitted by applicable law and in accordance with your preferences, use Collected Information to send you promotional communications about Company and our products and services. Company will obtain your prior consent for such promotional communications solely to the extent required by applicable law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in Company emails. Please note that pixel tags, cookies and other online trackers may be used within emails to track your interactions with those websites and when emails are opened. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “Contact Us.” Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the Services when prompted, Company may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from Company, you may still receive administrative communications from us with respect to your use of the Services. Where our mobile applications allow for the delivery of “push notifications”, you can also opt out of receiving these notifications by going into your mobile phone settings and toggling the “Notifications” switch within our mobile application to “off”.

• Disclosing Collected Information.

• To our Affiliates, Subsidiaries, and Related Entities: Based on how you use the Services and the information that you provide to or request from us, we may disclose your name, contact information, and related Collected Information with our affiliated companies who have products or services that we think may be of interest to you. By providing us your Collected Information and using the Service, you hereby direct us to disclose your information to our affiliates, subsidiaries and other related entities. Our affiliated companies may contact you directly with respect to such products and services, provided that if applicable law requires, your prior consent will be obtained. You may opt out of receiving communications from any such affiliated company pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “.” 
• To Our Third-Party Suppliers and Service Providers: We will disclose Collected Information to our and our affiliates’ respective suppliers, vendors, and service providers as necessary for us to provide the Services and our products and services to you and to engage in the use and sharing of Collected Information as permitted by this Privacy Notice and applicable law. These third parties include, without limitation, our website management and hosting suppliers, fraud detection and other security providers, customer support providers, those handling the processing and delivery of mailings, cloud storage providers, marketing and advertising partners and service providers, website analytics providers, payment processors (if and as applicable), product installers, email service suppliers, information technology providers. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties.

• Evaluation and Improvement. We may use and disclose Collected Information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the Services; and to evaluate user needs and customize Services content and the user experience. To better understand how users access and use our Services, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular; for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our Services; evaluating frequently asked questions from visitors; and for other statistical purposes.

• Quality Assurance. In order to perform quality assurance and to continuously improve our customers’ experience, to assist with fraud identification, and to assist our customer relationship representatives (for example, through representatives in our call center), we use tools to monitor and record certain user experience information, including, without limitation, audio of customer service calls and information resulting from such calls.

• De-Identified and Aggregated Data. We may de-identify and/or aggregate personal information and User-Generated Content, and aggregate other Collected Information, and use and disclose that aggregate and/or de-identified data for our business purposes, in each case to the extent permitted by applicable law. To the extent we create de-identified and/or aggregate personal information, we take reasonable measures designed to maintain such information in de-identified and/or aggregate form. Once de-identified or aggregated, we will not attempt to re-identify the data (other than to confirm our de-identification and aggregation processes worked).

 

• Lawful Processes; Protection of Company. We may use and share Collected Information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other necessary third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers, or any other person). We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies, and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.

 

• Business Transactions. If Company undergoes a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients will be bound by this Privacy Notice as it applies to the information disclosed. Also, if Company or any of its assets are acquired or if Company goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

 

• With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Notice.

 

Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice we disclose certain categories of personal information to third parties for a business (or other) purpose.

 

	Categories of Third Parties Disclosed to	Purposes for Disclosure
Identifiers	Affiliates, Subsidiaries, and Related Entities.   Subsequent owner(s), successor(s), or assignee(s) of Company.   Third Party Service Providers, which include, for example, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies.   Law Enforcement.	·       Services and Purpose Collected; Communication with You.   ·       Personalization; Advertising; Analytics.   ·       Promotional Communications.   ·       Disclosing Collected Information.   ·       Evaluation and Improvement.   ·       Quality Assurance.   ·       De-Identified Data and Aggregated Data.   ·       Lawful Processes; Protection of Company.   ·       Business Transactions.
Protected Classifications Under Applicable Law
Internet or Other Electronic Network Activity
Commercial & Usage Information
Approximate Geolocation Information
Professional or Employment Related Information
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information
Contact Forms and Requests for Information or Support
Inferences

 

Payment. Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods (such as Google Pay, PayPal, etc.) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Google Pay via Google), subject to that third party’s privacy policy. This Privacy Notice does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. Company does not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy. Where online storefront on the Services is hosted or powered by a third party, we encourage you to review any posted terms and privacy policies.

User-Generated Content. You are responsible for any data, information, images, messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Services, including by providing feedback, participating in forums or discussion boards, by uploading or providing photographs, by submitting product reviews or testimonials, by commenting on blog posts, or by populating a user account or profile (where such options are made available to you). “User-Generated Content” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Services by you or on your behalf. All User-Generated Content is provided at your own risk. We cannot guarantee that User-Generated Content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Service users. We will make User-Generated Content available, including publicly available, to other Service users and to the public, as applicable and at its sole discretion, and will use and disclose User-Generated Content for the purpose for which it was provided as indicated at the point of collection. For more information on User-Generated Content, please review our Terms of Use.

Video & Viewing History. In addition to the categories set forth above, we collect information about your video requests; video search history, watch history, and order history; and video preferences and history (“Viewing History”). We may use your personal information in combination with your Viewing History to provide you personalized recommendations and to personalize the Services provided to you. We may also use Viewing History to provide you with announcements of new products and title availability on the Services. We may disclose your personal information in combination with your Viewing History to our service providers in the ordinary course of business. We may provide de-identified data to third parties such as partners and marketing service providers to inform the offers we send you and for advertising measurement or analytics. With your consent when required, and consistent with, applicable law, disclose your personal information in combination with your Viewing History to other third parties including service providers, advertising companies, analytics and marketing partners, and social media sites.

Other Information Collected

As you navigate and use the Services, certain information can be passively collected using various technologies. We passively collect a variety of types of information in a variety of ways, including as described below.

User Activity. We collect information on how the Services are used, for example, the features you use, the links that you click on, your search parameters, data reflecting transactions that have taken place using the Services, how you interact with other users, performance statistics, and other usage data. We collect information that your browser sends whenever you visit our Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

IP Addresses and Related Data. The servers used to operate and provide the Services may collect, and our third-party service providers may collect, data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including IP addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your device’s screen resolution, your web browser type, the pages you access on the Services, the websites you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Company may use this information to administer the Services and their servers, to generate statistical information, to monitor and analyze Service traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Services may collect information about your visits to the Services and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”

Analytics. The Services use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Services’ structure and content.

For more information on how Google uses this data, visit Google’s Privacy Notice and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Company from using other analytics tools and will not prevent data from being sent to the Service itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Service.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Meta (sometimes referred to the Meta “tracking pixel”), Bing, and advertising services provided by TikTok (sometimes referred to as TikTok Pixels).

These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Service and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Services. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Service.

For certain Meta advertising services, Meta Ireland is a Joint Controller (as defined in the GDPR) and that information required under the GDPR related to such processing can be found at https://www.facebook.com/about/privacy. We work with Meta and use their advertising services to measure and improve our ads and marketing efforts, as well as to display more relevant advertising to you. For further information on how Meta Ireland processes your personal information, including the legal basis, and the ways to exercise your rights, please visit https://www.facebook.com/about/privacy.

More information on Meta advertising services and settings can be found here. With respect to Bing advertising services, please see more information here on how to change your settings on Bing.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Social Media. The Services may implement widgets, tools, or applications provided by social media platforms and the Services may otherwise allow for interaction, integration, or content sharing with third-party social media platforms and companies. We may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. By choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. Interactions, integrations, and content sharing with a social media platform and their features may require or allow the social media company to collect information from or about you, whether through cookies, registration information, or otherwise. Social media companies may track your online activity even when you do not choose to interact with the social media platform or its widgets or other features. We encourage you to review the privacy policy of any social media platform that you use or visit in connection with the Services, as those platforms’ respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

The Services may also use the advertising services and networks offered by social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the applicable social media platform.

If you do not want social media platforms to collect information relating to you via the Services or to link information collected via the Services to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Services; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Services or other websites and delete all related cookies; and, (d) where the option is made available by a social media platform, disable the advertising services and networks operated by that platform. You hereby acknowledge that Company makes no guarantee that exercising the foregoing options is guaranteed to prevent applicable social media platforms from tracking you and, further, you acknowledge that Company is not responsible for a social media platform’s tracking of you.

Our Social Media Pages. Company is active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, Company and the products and services we offer and/or to submit or upload related photos and other materials. Company reserves the right to post on the Services, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

Cookies and Tracking Technologies. The Services automatically use cookies to track your use of the Services in order to facilitate and enhance the user experience on the Services and for other purposes as described below. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and aren’t. We also use cookies to recognize Services users, to help display information on the Services, and to improve your enjoyment and the usefulness of the Services, for example, by remembering and displaying certain information.

The Services may use both cookies that we implement and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Service users across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Notice. We do not have access or control over these cookies and this Privacy Notice does not cover the use of third-party cookies. Click here for information on the cookies used by Meta. Click here and herefor information on the cookies used by Google.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other Collected Information.

• Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Services to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.
• Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Services so that you are not asked to react to it again, remembering if you have used any feature of the Services before, and enabling social media components. If functional cookies are disabled, various functions of the Services may be unavailable to you or may not work the way you want them to.
• Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
• Advertising or targeted cookies. These cookies record your visits to the Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Company and its third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-tracking; http://www.allaboutcookies.org; and http://www.youronlinechoices.eu.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites. For example, the Services may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Services in the past, and may not remember your name or contact information or other information you have entered using the Services, and our website may not recognize the device(s) you use to access the Services.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Cookie management tools provided by your browser will not remove and cannot be used to manage Flash cookies. Click here for information on how to manage Flash cookies. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and tracking technologies.

However, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Embedded Content. The Services may incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. The Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Our Services may use YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

Information that We Obtain from Third-Party Sources. We may obtain data about users of the Services from various third-party companies and public sources, whether offline or online (e.g., marketing companies, analytics consultants, publicly available social media profiles, other public sources of information), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

Retention of Personal Information

We will retain your personal information for as long as it’s needed to fulfill the purposes outlined in this Privacy Notice and our Terms unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it; if that is not possible (e.g., because your personal information has been stored in back-up archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

Automated Processing

Other than as may be described in this Privacy Notice, you will not be subject to decisions based on automated information processing without your prior consent.

International Transfers of Personal Information

Due to the fact that Company’s business is international, your personal information and other Collected Information may be transferred to, stored in, and processed in any country where our or our suppliers’ servers, databases, or facilities are located or operated. By accessing, receiving, or using the Services or by providing consent to us (where consent is required by applicable law), you specifically acknowledge and agree that information will be transferred outside of the country from which you access the Services (including, for example, to the United States) and that such countries’ data protection and related laws, regulations, and rules may be different than, and may not be as protective as, those of the jurisdiction from where you access the Services. Your use of or access to the Services constitutes your consent to such transfers.

Additionally, where required by applicable law, we have ensured that your personal information included in such transfers is adequately protected through the use of contractual clauses or other adequate measures allowed or required under such applicable laws for example, by signing relevant EU standard contractual clauses as approved by the European Commission (the form for these clauses can be found here). Subject to applicable law, you have the right to obtain details about the mechanism under which your personal information is transferred cross-border. For more information about these transfer mechanisms, please as set out in the “Contact Us” section below.

Your Choices and Access

The purpose of this section of the Privacy Notice is to inform you of our privacy options. Some U.S. states and other jurisdictions outside of the U.S. provide these options and rights to their residents.

Depending on the laws applicable to Company’s processing of your personal information and the location in which you reside, you may have the ability to exercise the rights listed below and in this section of the Privacy Notice. Subject to foregoing, in addition to all application limitations, exemptions, or exceptions—regarding our collection and use of your personal information—these rights may include, to the extent applicable:

• Right to Confirm: The right to confirm whether we are processing your personal information.

• Right to Access: You may have the right to request access to any of your personal information that we hold. Specifically, you may have the right to request the disclosure of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collecting or selling personal information; (4) the categories of personal information sold and to what third parties it was sold to (if applicable); (5) the categories of third parties with whom we share personal information and to what third parties it was shared with; and (5) the specific pieces of personal information we have collected about you.
• Right to Data Portability: You may have the right to receive all such personal information about you from Company in a structured, commonly used and machine-readable format, and also to require us to transmit it to another entity where this is technically feasible.
• Right to Deletion: You may have the right to request the deletion of your personal information that we have collected.
• Right to Correction: You may have the right to request the correction of your personal information that we collected.
• Right to Lodge a Complaint: You also may have the right to lodge a complaint with a government regulator (e.g., your state attorney general) or supervisory authority, in particular in your country of residence, if you consider that the collection and use of your personal information violates this Privacy Notice or applicable law.

To exercise these rights, please see the “Exercise Your Rights” section of the Privacy Notice below. Additionally, if you have any concerns, complaints, or other issues with regard to our collection, use or other processing of your personal information, please contact us via the means set forth under the “Contact Us” section of the Privacy Notice below.

Additional Information for Certain U.S. Residents

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Notice only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to Company’s processing of your personal information.

Sources. Consistent with the Privacy Notice above, we collect certain categories of personal information directly from you and, in some circumstances, third parties. The categories of sources that we collect personal information from in the prior 12 months includes the following: 

• Our third party service providers;
• Advertising networks;
• Affiliated, subsidiaries, and related companies;
• Third party websites and mobile applications (e.g., websites that share information with us or our advertising partners);
• Social media companies;
• Surveys and feedback;
• Our Services; and
• Your communications with us.

 No Sensitive Personal Information. We do not knowingly collect information that is considered “sensitive” under applicable law.

 Rights. Applicable laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. In addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above, these rights may include, to the extent applicable and to the extent granted under applicable law:

• The right to opt-out of targeted advertising and the sharing of personal information that is shared for cross-contextual behavioral advertising purposes;
• The right to opt-out of the sale of your personal information;
• The right to appeal; and
• The right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your personal information.

 We do not use your personal information to profile you via purely automated means in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law).

 The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

Selling and Sharing. We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

 

Category of Personal Information Sold or Shared	Category of Third-Party Recipient	Purpose
Identifiers	Analytics, marketing, advertising, and remarketing partners and service providers	Analytical, marketing, and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising).   Specifically, to target advertisements for goods and services and to display those advertisements on other websites, and to personalize the Services to provide you goods and services more relevant to you or that may be of greater interest to you.
Commercial & Usage Information
Internet or other electronic network activity information

 

You have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by utilizing the Global Privacy Control as mentioned in the “How We Respond to Do Not Track Signals” section above, or by clicking the “Your Privacy Choices” option in the footer of the website and changing your Cookie Settings as described on that webpage. If you have any questions, concerns, or would like more information on our ability to opt out, you can contact us by emailing: privacy@kinolorber.com.

We do not knowingly sell or share for cross-contextual behavioral advertising purposes, the personal information of anyone under the age of 16 years old. See the “Children’s Privacy” section of this Privacy Notice below for more information.

 Additional Information for Individuals Located in the EEA

This section of the Privacy Notice applies to residents of countries or jurisdictions located in the EEA, including, without limitation, the European Union and the United Kingdom.

 Legal Bases We Rely on When Processing Personal Information. To the extent the European Union’s General Data Protection Regulation or other similar law applies to you (including, without limitation, those located in the United Kingdom) and is applicable to Company, we process your personal information for the purposes set forth in this Privacy Notice under the following legal bases (as applicable): 

• Our Contract With You: Our processing is necessary to perform our obligations under a contract with you or to perform steps requested by you prior to entering into a contract with you: (e.g., to verify the information you have provided to us).
• Our Legitimate Interests: Our processing is necessary for our legitimate interests, including to protect the security of our Services; to protect the health and safety of you or others; to establish, protect and defend our legal rights and interests; to prevent fraud and verify identity and authorization of clients; to understand and analyze usage trends; and to improve our products and services. Additionally, we have a legitimate interest in promoting our operations and goals as an organization and sending marketing communications for that purpose.
• Legal Compliance: Where our processing is required to comply with applicable law (for example, to maintain your payment transaction history for tax reporting purposes) e.g., in response to subpoenas, court orders and other lawful requests by regulators, courts and law enforcement agencies, or related to national security requests.
• Your Consent: When we have your express consent as defined by applicable law.

 Rights. To the extent the European Union’s General Data Protection Regulation or other law granting particular rights to data subjects applies to you (including, without limitation, those located in the United Kingdom) and subject to all applicable exceptions and exemptions granted under such applicable laws, you may have the following rights with regard to our processing of your personal information in addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above:

 

• Right to Restrict Personal Information Use and Right to Object: You may have the right to restrict our use of your personal information where (i) you contest the accuracy of the personal information; (ii) the use is unlawful but you do not want us to erase the personal information; (iii) we no longer need the personal information for the relevant purposes, but you require it for the establishment, exercise or defense of legal claims; or (iv) you have objected to our personal information use justified on our legitimate interests pending verification as to whether Company has compelling interests to continue the relevant personal information use.
• Right to Withdraw Consent: In the event your personal information is processed on the basis of your consent, you have the right to withdraw consent at any time with effect for the future.

 Please see the “Exercise Your Rights” section below for information about how to make a request.

 

Exercise Your Rights

If this Privacy Notice expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Notice and Collected Information, you may submit a verifiable request to us by

• Emailing: privacy@kinolorber.com
• Calling:(646)-844-1352. or toll-free (877) 350-3940 
• Visiting our DSAR Subject Rights Form
• Please note that to exercise your rights to opt-out of targeted advertising and/or the sale of your personal information, you must follow the instructions provided under the “Selling and Sharing” section of the Privacy Notice above. Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial by emailing us at privacy@kinolorber.com with “Privacy Right Appeal” in the subject line. If the appeal is denied, you may submit a compliant to the applicable government regulator or authority in the jurisdiction in which you are located (which, for U.S. residents, includes the state Attorney General in the state in which you reside).

Accuracy & Information Security

Personal information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes should be accurate, complete, and up to date.

We have implemented reasonable and appropriate administrative, technical, physical, and organizational security measures designed to help protect against the unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information under our control. However, Company does not and cannot guarantee that unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information will not occur. We do not publish all of our security measures online because this may reduce the effectiveness of our security measures. The storage and communication of information can never be completely secure.

If you become aware of any breach of the Services’ security or of this Privacy Notice, please notify us atprivacy@kinolorber.com immediately.

Children’s Privacy

The Services are not directed at children under 18 years of age. Company does not knowingly collect or use information from children under 18 through the Services. If a parent or legal guardian becomes aware that a child under the age of 18 has provided information to us through the Services, the parent or legal guardian should contact us using the information below under “Contact Us” and we will use commercially reasonable efforts to delete that information.

Partnerships and Bundles

From time to time, we may offer our Services bundled with third-party partners offering their own services or products. Use of our Services as part of any such bundle or partnership is subject to this Privacy Notice and our Terms of Use. However, use of the third party services or products as part of any such bundle will be subject to that third party’s terms, conditions and privacy policies or notices. This Privacy Notice will not apply to any such third party’s collection or use of your information. We encourage you to review the privacy policy or notice of any such third party that you interact with as part of any offered bundle.

Third-Party Websites and Services

The Services may link to, or be linked to, websites, applications, or services not maintained or controlled by Company. Company is not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Notice does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website, application, and service that you visit or use.

Contact Us

If you have any questions or concerns regarding this Privacy Notice, contact us by email at privacy@kinolorber.com or by telephone at (646)-844-1352. or toll-free (877) 350-3940.

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TERMS OF USE

LAST UPDATED: AUGUST 1, 2025

This website or mobile application is owned and operated by Kino Lorber Media Group and its affiliates and related entities (“Company”, “we”, “our”, and “us”).  Access and use of our websites, our mobile applications, and our related services and web pages (collectively, the “Services”) are provided by Company to you on the condition that you accept these Terms of Use, and by accessing, browsing, or otherwise using the Services, you agree to these Terms of Use. The Services include, without limitation, the content purchased from and/or viewed through the Company websites and applications. For clarity, these Terms of Use cover the Services provided by provided by affiliates and subsidiaries of Kino Lorber Media Group, which includes, without limitation, Kino Lorber LLC (d/b/a Kino Film Collection) and KLMT LLC (d/b/a MHz Choice), affiliates of Kino Lorber Media Group. If you do not agree to accept and abide by these Terms of Use, then you shall not access or use this website.

THESE TERMS OF USE, THE PRIVACY NOTICE, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE SERVICES (“YOU” OR “YOUR”), AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES.  YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS.  YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT. 

 

IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights.  These Terms of Use contain a binding arbitration provision set forth below in Section 24.  Except where prohibited by applicable law, these Terms of Use require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind.  By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.

 

1. CHANGES TO SERVICES AND THESE TERMS OF USE

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Services or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Services; and (iv) prices for the Services or products made available therein.  We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services.  Your continued use of the Services after such notice will be deemed acceptance of such changes.  Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse the Services or any system resources, services, or networks connected to or accessible through the Services.  You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Use.

 

2. JURISDICTION

 

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, then you may not enter into this agreement, and shall not access or use the Services.

 

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Services, you may not enter into this agreement and shall not access or use the Services.  By using the Services, you represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed.

 

We make no—and you acknowledge that we make no—representation that the Services or the materials on the Services are appropriate or available for use in all locations.  Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.

 

We reserve the right to limit the availability of the Services, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.

 

3. GENERAL CONDITIONS AND DISCLAIMERS

 

We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time. Company shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by Company will be available and free from viruses or any other harmful elements. 

 

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk.  You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.  We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

4. USER ACCOUNTS; PRICING; ESTIMATES

 

To create or activate an account (or to request to create an account) where such option is made available to you, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Us.” You must also notify us immediately if you are contacted by anyone requesting your username or password.

 

All prices and estimates for the Services, and fees or offers through the Services, are quoted and shall be processed in U.S. Dollars. Although we strive to provide accurate pricing information, errors may occur.  We reserve the right, but are not obligated, to correct any errors in pricing, promotions, offers, shipping charges, availability, or other information and to modify the prices and/or the rentals, at any time, without prior notice. If the price or related information for the Services (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel the Service provided to you, whether before or after the acceptance thereof.  If there is such an error in pricing or other information, we will cancel the Services and reverse any charges that have been applied, then contact you to ask you to place a new order for Services at the correct price.

 

Additionally, content available on the Services or through the Services may vary and we make such content and products available to you while supplies last. Availability of individual titles may vary by location and may change over time.

 

Notwithstanding the above, we undertake no obligation to update, amend, or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

Program Viewing and Purchase Options

 

We may offer the following purchase options through our Services (including, without limitation, our websites and applications):

 

• Rental: After paying the stated fee, you may stream the program / title for an unlimited number of times during the stated rental period.
• Purchase: After paying the stated fee, you may stream the program / title an unlimited number of times (and where we make the option available to you, you may download the program / title).
• Digital Download: Content you purchase will generally remain available for you to download and otherwise access. However, content might be removed from the Services and become unavailable for further download or access (for example, where Company loses its rights from the original creator or content provider to make it available). To ensure your ability to continue enjoying your movies, TV shows, or other digital content, download all purchased content to a compatible device in your possession. Where you purchase digital content and download such content, such download is granted to you by us subject to a personal, non-assignable, and non-exclusive license to use and view such content as provided by us for your personal enjoyment and use only (in the manner permitted by these Terms of Use. You are prohibited from copying, creating derivative works of, modifying, distributing, selling, or leasing any part of such content.
• Subscription: For a recurring fee (month or annual as selected by you), you may stream the programs / titles offered within the Services’ subscription channel an unlimited number of times during your subscription period. We may add or remove programs / titles from the channel or subscription at any time.

 

To make a purchase, you must provide a valid payment method. Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods (such as Google Pay, PayPal, etc.) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Google Pay via Google), subject to that third party’s terms and conditions (including such third party’s privacy policy). Note also that if you make a purchase through an alternate payment method provided by a third-party, any refund requests will be subject to that third-party’s terms and conditions.

 

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. We will notify you in advance of any such price changes prior to your next billing cycle. If you do not wish to accept a price change, you may cancel your subscription in accordance with this Agreement. If we provide you access to a program / title on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement. 

 

To use the Services, you must provide one or more payment methods. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid payment method, or where you purchase physical goods or products, your order will not be fulfilled and will be declined. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details. You can update your payment methods by going to the "Account" page. Following any update, you authorize us to continue to charge the applicable payment method(s).

 

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

 

Free Trials and Discounts: We may offer free trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.

 

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. The subscription fee for the Services and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged to your payment method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the Services. If we offer a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of the free-trial period. 

 

How to Decline Renewal & Cancellation of Subscriptions: You can cancel your subscription at any time, and you will continue to have access to the Services through the end of your billing period. If you cancel your subscription, your account will automatically close at the end of your current billing period. To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.

 

In-App Purchase: We may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your platform’s account settings. Any billing inquiries should be directed to the app platform.

 

Purchase of Physical Goods and Products: Purchase of physical goods and products (e.g., DVDs, Blu-Ray) are only eligible for return if such good is returned to Company within 45 days after original order shipment, with the appropriate proof of purchase (as determined in Company’s sole discretion). Refunds for such returns are only provided upon Company’s receipt of the returned good. Shipping and handling are non-refundable and will be deducted from your refund. Please note that if you purchase our goods or products through a third-party source or vendor, this refund policy will not apply and you will not be eligible for a refund from Company.

 

5. ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION.

 

Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Use, without notice or liability, including if you breach these Terms of Use, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission.  You may terminate your account at any time by selecting that option on the Services or contacting us using the contact information below under “Contact Us.” You understand that, after termination of your account, your use of the Services, or these Terms, any User-Generated Content you have provided may remain in our systems and may continue to be used by other Services users, as applicable.

 

6. PRIVACY

 

Company is committed to respecting the privacy of the personal information of the individuals with whom we interact.  We have developed a Privacy Notice to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Services.  Please see our Privacy Notice for further information.

 

7. PERSONAL USE ONLY

 

The Services are only for personal or internal business use.  You may not use the Services in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.

 

8. USER-GENERATED CONTENT

 

The Services may allow you to provide User-Generated Content, including without limitation by posting reviews, providing feedback, participating in forums by uploading or providing photographs or other media, by submitting articles, by commenting on blog posts or articles, or by providing any other information or content to be posted or made available through the Services. “User-Generated Content” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Services by you or on your behalf.

 

You, alone, are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by Company. You understand and acknowledge that certain features of the Services may allow or require User-Generated Content that you provide to be made available, including publicly available, to other Services users and that, accordingly, those other users may be able to access and use that User-Generated Content.

 

By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms. By providing User-Generated Content, you hereby waive, and agree not to, claim that any use of that User-Generated Content by us, any Services user, or any third party infringes or violates your or any person’s intellectual property rights (including copyright), rights of privacy, rights of publicity, or other rights. Subject to the right and license granted to Company below, you retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide.

 

If you provide User-Generated Content, you agree to grant and you hereby grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit (commercially or otherwise), and otherwise use and distribute, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Services users and the public and for Company’s own business purposes (including, without limitation, aggregation, analytics, marketing, development of products and services, and for commercial purposes). Notwithstanding the foregoing and for the avoidance of doubt, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.

 

Company reserves the right, but does not have the obligation, to, at any time and for any reason: review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content; delete User-Generated Content from the Services; and archive or otherwise store any User-Generated Content. Company reserves the right to impose limits on Services features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.

 

If you believe that any content on the Services infringes any copyright that you own or control, please follow the process described below under “Copyright Policy.” If you believe that anything on the Services violates a law or regulation or breaches any provision of these Terms, please notify us using the contact information below under “Contact Us.”

 

9. USER RESPONSIBILITIES

 

The Services’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing.  You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way.

You represent and warrant that: (i) you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (1) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (1) listed on any U.S. Government list of prohibited or restricted parties; and (ii) all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief. You also represent and warrant that: (a) you have, to the extent required by applicable law, obtained and will continue to obtain and maintain all consents, notices, and opt-out opportunities in order to allow us to make use of your information and User-Generated Content as contemplated in these Terms and our Privacy Policy; and (b) your User-Generated Content and all other information provided to us does not infringe misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other proprietary right of any third party.

You will NOT, and you will NOT allow any third party to:

1. Use the Services in a manner other than as expressly permitted by these Terms of Use;
2. Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;
3. Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
4. Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
5. Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof;
6. Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
7. Commit fraud or falsify information in connection with your access or use of the Services;
8. Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
9. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
10. Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
11. Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers;
12. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services(including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
13. Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users;
14. Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
15. Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
16. Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.

Company may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

10. INTERACTIONS BETWEEN USERS

 

You are solely responsible for your interactions (including any disputes) with other Users. You understand that we do not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline, or in person. Your use of the Services and any content made available through the Services is at your sole risk and discretion and we hereby disclaims any and all liability to you or any third party relating thereto. We reserve the right to contact user, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized us and our representatives access to any password-protected portions of your account.

 

11. CODE OF CONDUCT

 

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Company’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use.  While using the Services you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation).  You shall not interfere with or disrupt the Services, our servers, or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

 

12. COPYRIGHT INFRINGEMENT

 

If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

 

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows: copyright@kinolorber.com.  

 

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.  All other inquiries, such as questions related to items available for purchase on the Services and requests or concerns regarding improper content, will not receive a response through this process.

 

13. MARKETING COMMUNICATIONS

 

By entering into these Terms of Use, you expressly consent and agree to accept and receive transactional communications from Company or our service providers on our behalf, including via email, telephone calls, text messages, facsimiles and push notifications to any email address or telephone or mobile number provided to Company by you or on your behalf. You agree that communications may include prerecorded messages or may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your mobile telephone carrier will apply to text messages you send or receive. Communications from Company and its affiliates may include but are not limited to operational communications concerning your account or use of the Sites or Services; updates concerning new and existing features at Company; marketing or promotional communications related to Company or third parties with whom we have a business relationship; and information concerning Company and industry developments. You may opt out of receiving promotional or marketing communications from us at any time by following the unsubscribe instructions in the applicable email or by contacting us as set forth herein.

 

You agree to keep your email address, phone number and other contact information current. From time to time we may need to send you important information, and we may do so by, among other means, sending it to your email address on file. Our sending of an email to your address on file constitutes notice under these Terms of Use. If you change or deactivate the phone number provided by you or on your behalf, you agree to notify us immediately at privacy@kinolorber.com to help prevent us from inadvertently communicating with anyone who acquires your old number.

 

Company may offer a text messaging program (“Text Messaging Program”) through which it may deliver text messages to you using an automatic telephone dialing system. Company text messages are intended to provide you with information about our Services as well as offerings from our brand partners. Text messages may include, without limitation, information about deliveries, membership features, sales, promotions, Services, sweepstakes and other marketing messages. By providing your phone number, checking a box to sign up, sending specified key words or messages to our short or long codes or otherwise affirmatively opting-in to our Text Messaging Program, you expressly agree to receive marketing and non-marketing text messages from Company, including by autodialed means, to the telephone number you provide. Consent to the Text Messaging Program is not a condition of purchasing any goods or services. To sign up for the Text Messaging Program, you must be a resident of the United States and 18 years of age or older.

 

You may opt out of the Text Messaging Program at any time. To stop receiving text messages, text STOP to the short or long code from which you no longer wish to receive messages or reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive. You will then receive one final text message confirming that you have successfully opted-out from the Text Messaging Program. Message and data rates or other charges may apply to each text message sent or received by you in connection with the Text Messaging Program. Roaming charges may also apply. Applicable rates and charges are determined by your mobile telephone carrier. If you have any questions about these charges, please reach out to your carrier. Company does not charge any additional fees for sending text messages. Company does not guarantee delivery of any messages to your mobile device and will not be responsible or liable for any issues relating to your network services.

 

You represent that you are the account holder for the mobile telephone number(s) that you provide to Company when you enroll in the Text Messaging Program. If you change your mobile telephone number, you are responsible for notifying us immediately at privacy@kinolorber.com. Company may modify or change the terms of the Text Messaging Program at any time without notice to you. This includes the types of messages and the frequency with which messages are sent to you. You agree to review these Terms of Use on a regular basis to ensure that you are aware of any changes. If you do not agree to any changes, you must opt out of the Text Messaging Program in accordance with the Opt-Out options noted above.

 

Company may terminate or suspend the Text Messaging Program (or certain features thereof) or your participation in the Text Messaging Program for any reason including if Company believes you are in breach of these Terms of Use. Company will also terminate your participation in the Text Messaging Program if it reasonably believes that your phone number is reassigned or if your mobile telephone service terminates or lapses.

Please note that if you opt out of such marketing or promotional communications, you may still receive communications with us as necessary for administrative purposes such as at your request or pursuant to providing the Services to you.

 

14. AVAILABILITY

 

While we endeavor to keep downtime to a minimum, we cannot promise that the Services will be uninterrupted, secure, or error-free.  We reserve the right to interrupt or suspend the Services, or any part thereof, with or without prior notice for any reason.

 

15. CURRENCY OF SERVICES

 

Company updates the information on the Services periodically.  However, Company cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Services.  Company may revise, supplement, or delete information, services and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

 

16. LINKED SERVICES; THIRD-PARTY PRODUCTS; AND LINKING TO THE SERVICES

 

The Services may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that Company monitors or endorses these websites or their respective practices.  Company does not accept any responsibility for such websites.  Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.  These Terms of Use and our Privacy Notice do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

 

If you operate a website and wish to include a link to the Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Company.  We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

 

17. INTERNET SOFTWARE OR COMPUTER VIRUSES

 

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.

 

Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services.  Company recommends that you install appropriate anti-virus or other protective software.

 

18. OWNERSHIP AND OUR MATERIALS

 

The Services are owned and operated by Company in conjunction with others pursuant to contractual arrangements.

 

Unless otherwise specified, all materials appearing on the Services, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Company and its licensors and/or its suppliers.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Company or any third party is prohibited and may be prosecuted to the fullest extent of the law.  No licenses, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company.  ALL RIGHTS RESERVED.

Company may make certain content, software, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively “Company Materials”) available to you from the Services, from time to time.  If you download or use Company Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Company’s prior written permission; and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials.  Company does not transfer either the title or the intellectual property rights to Company Materials and retains full and complete title to Company Materials as well as all intellectual property rights therein.  You agree not to sell, share, redistribute, or reproduce the Company Materials.  You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Company Materials into a human-perceivable form.  Company or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

 

All rights not expressly granted herein are reserved by Company.  Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The Services, (including its organization and presentation and Company Materials) are the property of Company and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.

 

19. FEEDBACK

 

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”).  If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

 

Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss.  You acknowledge and agree that by submitting any such communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms of Use. Company shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any information or material provided by you to Company.  You also represent and warrant that any and all such information or material which you provide to Company, whether provided by you electronically by accessing or using the Services or otherwise, and Company’s use of this information and material so provided does not infringe the rights of any other person or entity.

 

20. WARRANTY; DISCLAIMER OF WARRANTIES

 

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, USER-GENERATED CONTENT, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

 

21. LIMITATION OF LIABILITY

 

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM, AND THE COMPANY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE AND PLATFORM, THE COMPANY MATERIALS, USER-GENERATED CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.  SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

22. INDEMNIFICATION

 

You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Services; (3) your User-Generated Content (including, without limitation, Third-Party Product Reviews); or (4) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party.  Company reserves, and you grant to us, the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company.  This indemnification section will survive any termination or expiration of these Terms of Use.

 

23. CONTACT US

 

If you need to contact us regarding the Services or these Terms of Use, please e-mail us at privacy@kinolorber.com.

 

24. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER

 

PLEASE READ THIS ENTIRE SECTION CAREFULLY.  EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE.  THIS SECTION ALSO INCLUDES CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

 

Most concerns can be resolved by contacting customer service at privacy@kinolorber.com or calling 212-629-6880. In the event we are unable to resolve a complaint to your satisfaction, this Section explains how any dispute will be resolved.

 

Mandatory Pre-Arbitration Dispute Resolution

 

We are available by email at legal@kinolorber.com to address any concerns you may have regarding your use of the Services. You and Company agree to engage cooperatively to try and resolve any dispute informally prior to you or Company initiating any arbitration proceeding. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. You or Company must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or Company to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages).

 

Your notice must be sent to legal@kinolorber.com. Our notice will be sent using the most recent contact information that you have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Company representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

 

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and further, any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

 

Agreement to Binding Arbitration

 

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.  THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

 

You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Services, our marketing or communication with you, these Terms of Use (including the breach hereof), any promotions offered by Company, or telephonic outreach, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity.  Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief.

 

Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party.  Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction.  This arbitration agreement applies to you and Company and its affiliates and related entities.  Interpretation and enforcement of this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provided that if the FAA is found not to apply to any issue of interpretation and enforcement, then the issue shall be resolved under the laws of the State of New York.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules.  All AAA arbitration proceedings will be held in a location reasonably convenient to both parties consistent with the AAA’s Consumer Arbitration Rules.  If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the appliable statute of limitations.  Notwithstanding anything to the contrary in the AAA Consumer Arbitration Rules, the respondent in any Dispute will have the right to depose the claimant. Your Demand shall be sent and delivered to Company at 333 W 39^th St Suite 503 New York, NY 10018.  The Demand must describe the nature and basis of the claim and the specific relief sought.  If the parties cannot reach an agreement within 30 days after Company’s receipt of the Demand, either party may initiate arbitration proceedings.  A form to initiate arbitration proceedings is available on the AAA site at www.adr.org.  In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party.  You may send such a copy to Company at 333 W 39^th St Suite 503 New York, NY 10018.

If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement.

Except if this arbitration provision does not apply, arbitration shall be your exclusive remedy. 

Class Action, Class Arbitration, and Jury Trial Waiver

 You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

Exceptions

 

Notwithstanding the parties’ agreement to resolve all disputes through arbitration (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either party may bring suit in court to enjoin infringement or other misuse of intellectual property or proprietary rights.  Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on the Services) written notice of your decision to opt out to legal@kinolorber.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Company will also not be bound by them.

Changes to the Arbitration Agreement

Company will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on these Terms of Use, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted or sent to you. The 30-day right to opt out described above shall reset and apply to any changes upon our notice of any changes to you. Please note, however, that if any opt out pursuant to the 30-day opt out right is prospective and the arbitration agreement shall survive and apply to any claims that arose prior to your opt out.

 

Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection is not enforceable or valid, then this subsection will be severed from the Arbitration Agreement and the court or arbitrator will apply the first Arbitration Agreement in existence after you began using the Platform.

 

25. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without regards to their respective principles of conflicts of law.  You agree to the exclusive personal jurisdiction by the federal and state courts located in New York City, New York in any matter arising from or related to these Terms of Use and your use of the Services and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Services.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent.  These Terms of Use provide only for the use of the Services.  These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. 

No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party.  No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.