Effective Date: July 17, 2012
ACCEPTANCE OF TERMS OF SERVICE
Updates to Terms. CinemaDen reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the CinemaDen Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the CinemaDen Applications and/or Services. Note that special terms or rules may apply to some services offered on the Site or CinemaDen Applications, such as rules for particular promotions, applications or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, will prevail over these Terms.
Electronic Form/Communications. By accessing the CinemaDen Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Services. You may terminate your membership to any Service at any time, for any reason, by following the instructions on your "Account Settings" page or contacting customer service. CinemaDen can suspend or terminate your access to the CinemaDen Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
USE OF CinemaDen APPLICATIONS
Personal Use. The CinemaDen Applications and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the CinemaDen Applications, in any medium, without CinemaDen 's prior written consent, or (ii) alter or modify any part of theCinemaDen Applications other than as may be reasonably necessary to use the CinemaDen Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the CinemaDen Applications, or to manipulate the CinemaDen Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the CinemaDen Applications or any computer software or hardware or telecommunications equipment. You may not use the CinemaDen Applications or Services in any manner that could damage, disable, overburden, or impair any CinemaDen server, or the network(s) connected to any CinemaDen server, or interfere with any other party's use and enjoyment of any CinemaDen Applications or Services. You may not attempt to gain unauthorized access to any CinemaDen Applications or Services, other accounts, computer systems or networks connected to any CinemaDen server or to any of the CinemaDen Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CinemaDen Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through CinemaDen Applications or Services, including any proprietary communications protocol used by CinemaDen. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the CinemaDen Applications so long as the link does not portray CinemaDen, or the Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by CinemaDen of the site from which you are linking. Further, the site from which you are linking to the CinemaDen Applications must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Modification to Services. CinemaDen has the right to modify its CinemaDen Applications and content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CinemaDen in providing its products, services, content or any Services is to cancel your membership as set forth herein. The Service, content and any other products and services offered or referred to on the CinemaDen Applications are subject to the availability of such Service, products and services. Furthermore, the availability for purchase or rental of product types or individual products and the prices for sale, rental or for the Services are subject to change by CinemaDen, in its sole discretion, at any time without notice.
Registration. Upon subscribing to any of our Services you will be asked to choose a password and a user/account name. You may not use a user/account name that is vulgar or otherwise offensive (as determined by CinemaDen), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided. CinemaDen reserves the right to deny, in its sole discretion, any user access to the CinemaDen Applications or Services without notice for any or no reason.
Accurate Information. For purposes of identification and billing, you agree to provide CinemaDen with accurate, complete, and updated information required by the Site's membership registration ("Registration Information"), including your name, address, telephone number(s), and applicable payment information (e.g., credit card number, email address, and expiration date) and provide CinemaDen and its third party payment processor express authorization to charge the applicable fees at the time of purchase or renewal. Failure to comply with this provision (including without limitation falsification of any Registration Information) may, at CinemaDen's option, result in immediate suspension or termination of your right to use the Services. If you sign up for a premium membership or sign up for a free membership and purchase or rent a movie we will bill you for your online account using the billing information you provide (your "Billing Information") for the Services you select. You agree to pay CinemaDen all charges at the prices then in effect for your use of the Service using your Billing Information, and any applicable taxes, and you authorize CinemaDen to charge your chosen payment provider (your "Payment Card") for the Service you select. You agree to make payment using that selected Payment Card. CinemaDen reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. All prices do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Verification of Registration. When you register and provide Billing Information and Payment Card CinemaDen will verify that information. You authorize CinemaDen to verify your Billing Information and Payment Card by placing a pending charge on your Payment Card when you register as a member, and prior to each subsequent periodic charge. Pending charges are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00), One (€1.00) Euro or One (£1.00) Great British Pound per pending charge.
Membership. CinemaDen provides two (2) types of memberships: when you register you on the Site you automatically join a free (default) membership which provides you with access to movies for sale and rental. You may also select a premium membership which provides you unlimited access to the movies we have in our library. If you choose a free membership, you will not be charged recurring fees and your Billing Information will be kept on file and you will only charged for movie purchases and rentals you select. If you choose to upgrade to our premium membership, your Payment Card will be charged for the term and rate you selected and the term you select will be automatically renewed and your Payment Card will be charged automatically on a recurring basis at the end of the term you selected until you cancel your membership. By selecting a premium membership, you agree and authorize CinemaDen or its agent to charge your Payment Card the periodic premium membership fee (plus applicable taxes) corresponding to the premium membership plan you have selected (e.g.: 30 day, 90-day, 180-day Term) each term anniversary date of that premium plan, until your CinemaDen premium membership is terminated or cancelled as provided herein. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic premium membership fee. You agree to pay the applicable premium membership fees (plus applicable taxes) in accordance with your Payment Card issuer agreement. You also authorize CinemaDen to charge your Payment Card for any other charges you may incur associated with your CinemaDen membership. YOU WILL NEED A MODERN COMPUTER WITH FLASH MEDIA PLAYER TO BE ABLE TO STREAM MOVIES. MOVIE AVAILABILITY VARIES BY TERRITORY DUE TO LICENSING RESTRICTIONS.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CinemaDen immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by CinemaDen). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by CinemaDen or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Unauthorized Use. You agree to promptly update your Registration Information in the event of any known or suspected unauthorized use of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your membership until you update your Registration Information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your membership is subject to use without your authorization, update your Registration Information.
Account Updates. It is your responsibility to promptly provide CinemaDen with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made online via the "Account" section, once you have logged into the Service. You must promptly notify CinemaDen if your Payment Card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Account updates should be made online via the "Account" section, once you have logged into the Service. If you fail to provide CinemaDen any of the foregoing information, you agree that CinemaDen may continue charging you for any use of the Service using the Billing Information you provided unless CinemaDen has evidence that you have terminated your membership to the Service. If your Payment Card reaches its original expiration date, your failure to cancel your CinemaDen membership shall constitute authorization for CinemaDen to continue billing that Payment Card.
Payment Card. The terms of your payment will be based on your Payment Card and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Card (the "Payment Card Provider"). If CinemaDen does not receive payment from your Payment Card Provider, CinemaDen reserves the right to bill you and you agree to pay all amounts due on your Billing Information upon demand.
Free Trials. From time to time, CinemaDen may offer a free trial period for the Service to first-time customers. Unless otherwise specified, this offer is limited to one (1) free trial subscription per person and/or email address. When such an offer is made, at the time of registration for your free trial, your Payment Card will be authorized but your Payment Card will not be charged until the expiration of the free trial period unless you accept another offer during your free trial as stated on any offer page. Other terms of free trial offers, including the duration of the free trial, may vary. Specific details of your free trial not covered in these Terms will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership process. Your trial period begins on the day you sign up for the Service, not the day you first access or download Content.
UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR PREMIUM MEMBERSHIP SUBSCRIPTION WILL RENEW AUTOMATICALLY UNDER THE ONE (1) MONTH (30 DAY) PREMIUM MEMBERSHIP PLAN, REGARDLESS OF THE LENGTH OF YOUR FREE TRIAL PERIOD. The first (1st) day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period, unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD. Please note the expiration date of your free trial period for your records.
During the free trial period, you will receive the benefits of the premium membership Service at no charge. Membership may be cancelled or modified at any time prior to the end of your free trial period by calling toll-free at 1-877-799-6850 for the U.S.A. and Canada or +1 (438) 338-1011 for international members, seven (7) days per week from 7:00AM to 9:00PM, Eastern Standard Time. Alternatively, you can go to https://support.cinemaden.com and cancel your membership online. Any plan changes made to your account prior to the end of your free trial period will nullify the remainder of your free trial period and you will be charged for the new plan you have selected.
Promotional Offers. From time to time, CinemaDen may offer a reduced membership fees for the Service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory promotional offer for new customers, at the time of registration for the Service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fees plus applicable taxes will be charged to your Payment Card for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and the duration of the promotional price, may vary from time to time. The details of any offer not covered in these Terms will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership registration/selection process.
Change in Fees. If the amount to be charged to your Billing Information varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), CinemaDen shall provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction.
Cancelation. The initial periodic CinemaDen premium membership fee is valid for an initial membership period starting on the date your paid premium membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid CinemaDen membership begins on June 18, your initial premium membership fee entitles you to CinemaDen premium benefits until July 18 and your Payment Card will be charged on July 18 (the anniversary date) for the period of July 18 through August 18. You can cancel your CinemaDen premium membership at any time and you will not be charged for the subsequent renewal terms. For example, if your anniversary date is the fifth (5th) of each month and you cancel your premium membership on October 20, then you will not be charged on November 5 (for the November 5 to December 5 period) and your CinemaDen premium membership will terminate on November 5.
To cancel your membership, simply call toll-free at 1-877-799-6850 for the U.S.A. and Canada or +1 (438) 338-1011 for international members, seven (7) days per week from 7:00AM to 9:00PM , Atlantic Standard Time. When you cancel your membership, you will be required to provide CinemaDen with certain information regarding your reason for cancellation. Alternatively, you can go to https://support.cinemaden.com and cancel your membership online.
CANCELATION RIGHTS. NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION WITHOUT OBLIGATION WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU BECOME A MEMBER ("THREE DAY RIGHT TO CANCEL").
Refund Policy. THERE ARE NO REFUNDS FOR ANY TIME PERIOD (OR PORTIONS THEREOF) ALREADY BILLED OR PAID FOR WITH THE EXCEPTION OF THE THREE DAY RIGHT TO CANCEL REFERENCED ABOVE. All cancellations must be made by telephone at 1-877-799-6850 for the U.S.A. and Canada or +1 (438) 338-1011 for international members, seven (7) days a week, from 8:00AM to 10:00PM , Atlantic Time, or by email to email@example.com, or online at https://support.cinemaden.com by clicking the "Cancel" button and following the instructions. For additional questions or concerns, please contact our support team at https://support.cinemaden.com.
Security. CinemaDen has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Services and all material published on the CinemaDen Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, "applets" incorporated into the software data) sounds, messages, comments, ratings, movies and other materials on the CinemaDen Applications (together "Content") is owned by CinemaDen or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. CinemaDen owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the CinemaDen Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites ("Marks") are proprietary to CinemaDen and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, CinemaDen Applications or the Services, in whole or in part, without CinemaDen's prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by CinemaDen from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of CinemaDen or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from CinemaDen Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CinemaDen without express written consent. You may not use any Meta tags or any other "hidden text" utilizing CinemaDen's name or trademarks without the express written consent of CinemaDen. You may not use any CinemaDen logo or other proprietary graphic or trademark as part of the link without express written permission. Any uses not permitted by these Term automatically terminates all permissions or licenses granted by CinemaDen in these Terms.
License to Content. Membership includes access to (A) video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period (the "Rental Content"), and (B) video content offerings (which may be labeled "buy download" on the Site) in which you pay a specific fee to have the right to view such video content for an unlimited number of times (the "Retained Content").
License to Rental Content. Membership includes a license to view either unlimited Rental Content through the Service for the applicable term or individual videos for the applicable fee (the "License Fee") disclosed at the time of selection. Payment for such Content may be made through the Payment Card provided upon registration. Upon payment of the applicable License Fee, CinemaDen will grant you a non-exclusive, non-transferable, limited right and license to privately view and use the display in your Residence (as defined herein below) or for Permitted Non-Residential Use (as defined herein below), the Rental Content purchased by you, by way of one (1) computer (or other device specifically authorized by CinemaDen connected to the Service over the Internet, provided that you comply fully with these Terms. CinemaDen will save the Rental Content to your hard drive. You shall not be permitted to copy or move the Rental Content from its originally stored location on your hard drive. The initial license to the Rental Content is limited in its term and duration to thirty (30) days from its original date and time of download or twenty-four (24) hours from the start of its initial display and viewing, whichever occurs first, unless otherwise specified as being limited to a shorter term at the time of purchase. In some cases, to the extent specified on the Site, you may be permitted to purchase licenses for one (1) or more additional twenty-four (24) hour viewing periods for a particular item of Rental Content. If you purchase an additional license for such Rental Content (to the extent such additional license is available), you will be granted an additional viewing period of twenty-four (24) hours from the start of its display and viewing. You understand and agree that you will not be able to access and view such Rental Content upon expiration of the license term. For purposes of these Terms, the following definitions will apply:
- (i) "Residence" shall mean a private, residential dwelling unit or a private one (1) person individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged;
- (ii) "Permitted Non-Residential Use" shall mean the private viewing by one (1) or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue (as defined herein below); provided, however, that any such viewing for which an access fee or other admission charge is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non Residential Venue (or by a third party under any agreement or arrangement with such Non Residential Venue) for display of programming in a common area shall not constitute a Permitted Non-Residential Use; and
- (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence. CinemaDen reserves the right to pursue all rights, remedies and recourses, and claim all damages against any person for the unauthorized use of the Service.
License to Retained Content. Membership includes access to license the right to view Retained Content through the Service for individual videos for the applicable fee (the "License Fee") disclosed at the time of selection. Upon payment of the applicable License Fee, CinemaDen will grant you a non-exclusive, non-transferable, limited right and license under copyright to create and retain a single permanent copy of the Retained Content on the hard drive of your personal computer (or other device specifically authorized by CinemaDen) and to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Retained Content purchased by you. Notwithstanding the foregoing, you are expressly prohibited from making or retaining any copy of the Retained Content that could be transferred or viewed on a device other than your personal computer, including by way of example and not limitation, DVD copies playable on a traditional DVD player, copies stored on USB or Flash memory drives or other forms of back-up drives, copies on digital media players, copies on smart phones, copies on tablets, or otherwise. You are also expressly prohibited from storing your permanent copy of the Retained Content on any cloud storage or online back-up storage system (e.g. Dropbox, iCloud, etc.). CinemaDen may determine from time-to-time, in its sole discretion, those devices that are compatible to receive a license to view the Retained Content. Any rights granted to you hereunder (or on the Site at the time of purchase) to make and keep any copies of the Retained Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content. You are solely responsible for retaining your permanent copy of the Retained Content. If the Retained Content that you purchase does not download and play correctly, please contact Customer Service at https://support.cinemaden.com and we will endeavor to resolve the problem. Once you have successfully downloaded a copy of the Retained Content, CinemaDen will not replace the Retained Content if you are unable to play it or if you lose the Retained Content, including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Retained Content does not play for any other reason.
RSS Feeds. Really Simple Syndication ("RSS") feeds are provided as a quick and easy way for you to distribute information from the CinemaDen Applications or from your CinemaDen account. RSS feeds are accessible through an XML-based URL that can be accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information about your CinemaDen account (Queue, Movie Ratings and Rental Activity) is at your own discretion. If you use personal RSS feeds, you consent that the information in the feeds will be transferred to the location in which you enable the RSS feed. CinemaDen will not pass any personally identifiable information in your feed. However, your use of an RSS feed may cause personally identifiable information that is associated with the RSS feed to be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your sole discretion and risk. Use of the CinemaDen RSS feeds is for non-commercial, personal use and whether or not you use an RSS feed is entirely at your discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution to CinemaDen, you may not remove the attribution. CinemaDen provides no warranty regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time without notice. CinemaDen is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.
No Other License Granted. Except for allowing you to use the CinemaDen Applications and Service for your personal use as set forth in this section above, when you use the CinemaDen Applications or Service, or access the Rental Content or Retained Content you are not receiving a license or any other rights from CinemaDen, including intellectual property or other proprietary rights of CinemaDen and you agree and acknowledge that you shall not acquire any ownership rights by downloading any content from the Service, and the license granted to you as set forth in these Terms does not transfer or grant any ownership rights to you, nor act as waiver any rights of CinemaDen, its licensors or the copyright owners with respect to any content. You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the content, or use the content in any manner other than as set forth above. Any additional usage rules set forth on the CinemaDen Applications shall become part of, and are incorporated into, these Terms.
Communication Services. The Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the CinemaDen Applications (the "Communication Services"). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, "Distribute") is referred to as "User Content." You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. CinemaDen has no obligation to monitor the User Content. However, CinemaDen reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. CinemaDen specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. CinemaDen representatives may monitor your User Content on the CinemaDen Applications but we cannot monitor all of the User Content on the CinemaDen Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to firstname.lastname@example.org.
License and Warranties. By using the Communication Services and submitting User Content to the CinemaDen Applications, you grant to CinemaDen, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the CinemaDen Applications, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the CinemaDen Applications a non-exclusive license to access your User Content as permitted through the functionality of the CinemaDen Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by CinemaDen and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. CinemaDen is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Requirements.
Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful, abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing, unwanted, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity unless you have first received permission from the owner of those rights to use the materials in this manner.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the CinemaDen Applications or Services or other users' computers.
- Except as expressly authorized by CinemaDen, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or CinemaDen representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to CinemaDen administrators.
- Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Services for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
In using this Site you agree that you will not:
- (i) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
- (ii) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content;
- (iii) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
- (iv) engage in any activities intended to withhold or cloak identity or contact information;
- (v) post excessive responses to interactive features or functions of this Site;
- (vi) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of e mail repeatedly to the same e mail address;
- (vii) use the Site for any illegal purpose, in violation of any applicable laws or regulations;
- (viii) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material;
- (ix) electronically stalk or otherwise electronically harass another;
- (x) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
- (xi) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site;
- (xii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running an unreasonable number of hours per day;
- (xiii) hinder the ability of others to use IRC;
- (xiv) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- (xv) interfere with, disrupt, or harm in any way the servers or networks connected to this Site;
- (xvi) use this Site to access the accounts of others without permission;
- (xvii) attempt to penetrate security measures of this Site or of another entity, or obtain or bypass others passwords; or
- (xviii) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic;
- (xix) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Service, or
- (xx) use the Service or download Content for any commercial purpose. If you violate these Terms CinemaDen may, at its sole discretion, suspend or terminate your account, and terminate your access to the Service, with or without notice to you; in such case you agree to destroy any copy of Content that you have in your possession and CinemaDen may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Terms or its (or its licensors') rights under law.
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the CinemaDen Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the CinemaDen Application and Services.
Links. You may be able to access other websites or resources through links on the Site. Because CinemaDen has no control over such sites and resources, you acknowledge and agree CinemaDen is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does CinemaDen endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that CinemaDen 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Unsolicited Submission Policy. CinemaDen does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that
- (1) we are not liable for any use, disclosure and will not return your Submission to you,
- (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition,
- (3) you understand that you will not be entitled to any compensation from us based upon your Submission,
- (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and
- (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE CinemaDen APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING CinemaDen APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE CinemaDen APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CinemaDen MAKES NO WARRANTY THAT THE CinemaDen APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT CinemaDen DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE CinemaDen APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE CinemaDen APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CinemaDen APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CinemaDen DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE CinemaDen APPLICATIONS AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE CinemaDen APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE CinemaDen APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. CinemaDen DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE CinemaDen APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CinemaDen APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE CinemaDen APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CinemaDen OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE CinemaDen APPLICATIONS OR THE SERVICES, EVEN IF CinemaDen HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN CinemaDen'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while accessing the CinemaDen Applications or using the Services and agree to indemnify and hold CinemaDen, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the CinemaDen Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Access to Services. CinemaDen reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. CinemaDen also reserves the right to change, modify, discontinue, suspend or abandon the CinemaDen Applications or any of the Services or to cease supporting any hardware or software platform at any time at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use. The CinemaDen Applications and Services are controlled from facilities in and outside of Barbados. CinemaDen makes no representations that the CinemaDen Applications or Services are appropriate or available for use in your particular location. Those who access or use the CinemaDen Applications and/or Services do so at their own volition and are responsible for compliance with the laws of their particular jurisdiction.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of United Kingdom without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and CinemaDen (‘Dispute") shall lie in courts of United Kingdom. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to CinemaDen, the Services, the content or the CinemaDen Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and CinemaDen. They supersede any and all prior or contemporaneous agreements between you and CinemaDen relating to your use of the CinemaDen Applications or the Services. CinemaDen may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of CinemaDen to partially or fully exercise any rights or the waiver of CinemaDen of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by CinemaDen or be deemed a waiver by CinemaDen of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of CinemaDen under these Terms and any other applicable agreement between you and CinemaDen shall be cumulative, and the exercise of any such right or remedy shall not limit CinemaDen's right to exercise any other right or remedy.
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