Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MACANDREWS & FORBES INCORPORATED WEBSITE.

MacAndrews & Forbes Incorporated (the “Company”) provides this website (the “Site”) for your information and personal use, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policy that may be posted from time to time on the Site applicable to your use of the Site (as amended by the Company from time to time, the “Terms and Conditions”).

By using the Site, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to obtain access to or otherwise use the Site and, accordingly, you should not do so. The Company may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Changes to the Terms and Conditions shall be effective as soon as they are posted on the Site, unless otherwise specified. You should check these Terms and Conditions periodically for changes prior to using the Site. By using the Site following any modification to these Terms and Conditions, you agree to abide by any such modification.

The Site is intended for and directed to residents of the United States and shareholders of the Company and all advertising and claims contained in the Site are valid only in the United States.

Unless otherwise noted, the content on the Site is intended for personal use only. You agree to use the Site only for lawful purposes and not for commercial re-transmission or re-distribution. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt or in any way exploit the content available at the Site.

Impersonation of others, including, without limitation, a Company employee, host or representative, or any other visitor to the Site is prohibited. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other online or offline organization.

All information concerning users of the Site is subject to our Privacy Policy. Please refer to our Privacy Policy whenever you provide information to or take information from the Site.

The Company welcomes user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post certain knowledge, material or commentary on the Site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, “tips” or opinions. Subject to our Privacy Policy, all information and other content that you post on the Site or otherwise provide to us in response to content on our Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.

By your posting information, data, text, music, sound, photographs, graphics, video, messages or other materials on the Site (“User Content”) in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Site to: (a) upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy or hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail or otherwise transmit any User Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (e) upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (g) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirement, procedure, policy or regulation of networks linked to the Site; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rule of any securities exchange, including, without limitation, the New York Stock Exchange, and any rule, regulation, order, directive or the like having the force of law; (i) upload, post, e-mail or otherwise transmit any material, or take any other action with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (j) use the Site for commercial purposes such as submitting any material to solicit funds or to promote, advertise or solicit the sale of any good or service; or (k) solicit other guests of the Site to become members of any commercial online service or other group or organization.

You acknowledge and agree that User Content you view or post on the Site is posted, viewed and used by you at your own discretion and risk, including any reliance by you or others on the accuracy, completeness or usefulness of such User Content.

You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of the Company, and the Company does not support or endorse any User Content or any other content posted by you or any other user.

You acknowledge that the Company does not pre-screen, monitor, review or edit the User Content posted by you and other users on the Site. However, the Company and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in its sole judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Any posting on or through the Site may be purged periodically in the Company’s sole discretion. The Company is not responsible for any failure, non-failure or delay in removing such User Content.

By submitting or sending information, material or any other communication to the Company, including without limitation User Content, you grant the Company the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. The Company and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by the Company. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with the Privacy Policy.

You understand that the technical processing and transmission of the Site may involve (a) trans­missions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Company assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Site.

You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

As between the Company and you, except for User Content, the Company is the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights relating to the Site, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Site (“Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all Proprietary Material on the Site is the Company’s exclusive property. The Company has copyrighted the content of the Site under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify all or any portion of the Proprietary Material, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any mark, logo or other legend that appears on the copied screens remains on, and is not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restriction contained in any material included or accessed through the Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such material for any commercial purpose. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of the Company’s copyright and other proprietary rights.

By using the Site, you agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries and affiliates, and each of their respective officers, directors, shareholders and employees from any and all claims, liabilities, costs and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you or on your behalf of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Site applicable to your use of the Site.

You may be able to link to third party Web sites (“Linked Sites”) from the Site. The Company is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Site, or any additional link contained in a Linked Site. The Company cannot ensure that you will be satisfied with any product or service that you purchase or use from Linked Sites, since such sites are owned and operated by independent third parties. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall the Company be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concern to the administrators of these respective Linked Sites. The Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

Other sites may link to the Site only through a plain-text link subject to the prior written approval of a duly authorized employee of the Company. To seek our permission, please contact us at the address below. The Company reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, with or without cause, at any time.

VISITORS TO THE SITE AGREE THAT THEIR USE OF THE SITE IS AT THEIR OWN SOLE RISK. THE COMPANY PROVIDES THE SITE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY AS TO LINKED SITES, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE TO LINKED SITES, AND THE COMPANY HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF LINKED SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. THE COMPANY AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN AUTHORIZED COMPANY EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGE OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT THE COMPANY OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY ONLY APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW ALLOWS.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA) OR ANY OTHER DAMAGE ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE SITE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY ONLY APPLY TO YOU TO THE EXTENT APPPLICABLE LAW ALLOWS.

The Company controls and operates the Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site and all activities available on and through the Site are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to obtain access to the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, and these Terms and Conditions, the Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or its affiliates or relating in any way to your use of the Site resides in the courts located in the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located in the County of New York, State of New York, in connection with any such dispute and including any claim involving the Company or its affiliates, including without limitation its subsidiaries, employees, contractors, officers, directors, shareholders, telecommunication providers and content providers. You agree that you will commence any cause of action or claim that you may have with respect to your use of the Site within one year after the act or omission giving rise to the claim or cause of action. The Company’s failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of the Company. The Company may assign its rights under these Terms and Conditions to any party at any time without notice to you.

Please feel free to contact us at:

Executive Vice President,
Corporate Communications & External Affairs
MacAndrews & Forbes Incorporated,
35 East 62nd Street, New York, New York 10065.

You agree that the Company may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in the Company’s records from time to time.