TERMS OF SERVICE FOR END USERS TICKETING AND LOYALTY PROGRAMS
Effective Date: September 30, 2017
PLEASE READ THESE CINEMAPLUS TERMS OF SERVICE FOR END USERS TICKETING AND LOYALTY PROGRAMS (“TERMS OF SERVICE”) CAREFULLY BEFORE USING THIS SITE AND THE SERVICES (EACH AS DEFINED BELOW). BY USING THIS SITE AND THE SERVICES OR BY REGISTERING FOR ACCESS TO THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THIS SITE OR ANY OF THE SERVICES.
About The Terms of Service
CinemaPlus LLC, a Nevada limited liability company ("CinemaPlus", “we”, “our” or “us”), owns and/or operates the web site, CinemaPlus.com (“Site”) and the CinemaPlus hosted service and applications used by theater owners, operators of theater chains and/or other third parties to make available (collectively, “Exhibitors”), among other things, movie information and related media and to provide ticket purchasing and loyalty program services and software solutions (collectively, “Services”) to end users such as you.
These Terms of Service ("Terms") govern your (a) access to and use of the Site, Services, and other websites owned and/or controlled by CinemaPlus (unless such other websites have governing terms of service and in such instance those terms of service will take priority and control) and (b) access to Exhibitor owned and/or controlled websites or applications, including Exhibitor emails and any other communications to you, that reference or link to these Terms which link to these Terms. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org.
Notice of Arbitration Provisions and Waiver of Class Action
The Terms your use of the Site and Services are subject to binding arbitration of any disputes and waiver of class actions (as more fully described below). If you are unwilling to arbitrate disputes or waive class actions, please do not make movie ticket purchases or join loyalty programs through the Site or Services.
Acceptance of Terms
By accessing or using the Site and Services you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization or other entity, you are agreeing to these Terms on behalf of such company, organization or entity and you represent and warrant that you have the authority to bind such company, organization or other entity to these Terms. As used in these Terms, “you" and “your” refer to you and your company, organization or other entity.
By using the Site and Services, including the purchase of movie tickets, account registration, or any other feature available through our Site and Services, you agree that you have read, understand and agree to be legally bound by these Terms. Please do not use this Site or Services if you do not agree with these Terms. CinemaPlus reserves the right to change the Terms from time to tome at its discretion. You can review the most current version of the Terms at any time at www.cinemaplus.com. Your continuing use of the Site or Services following the posting of changes to Terms, constitutes acceptance of the changes.
You agree, in accordance with these Terms, that you are only authorized to use the Site and Services and to view all content and media on the Site and Service for your personal use only. You agree not to sell, duplicate, download, distribute or otherwise use any content or media on the Site or Services for any purpose other than as expressly permitted, including for example, to leave a review of a movie, watch movie trailers, find movie show times and enroll in loyalty programs.
If you chose to create an account, you will be prompted to provide registration data to CinemaPlus and the Exhibitors including a unique end user ID and password. You are responsible for ensuring the confidentiality of the account information and password and are responsible for any activities that occur under your account and password. You agree to exit from your account at the end of each session to maintain the security of your account.
When using the Site and Services, you agree to:
Any incomplete or inaccurate information provided by you, or if CinemaPlus has reason to suspect the information is inaccurate, will result in temporary suspension or termination of your account.
If you suspect unauthorized use of your user ID or password, you agree to immediately notify CinemaPlus. Any illegal or abusive activity under your account may result in termination of your account. CinemaPlus will not be liable for any loss or damage arising from your failure to comply with the above security measures.
Fees and Payments
Exhibitors use the Services provided by CinemaPlus to sell movie tickets. The prices that you see are not set by CinemaPlus nor do we determine show times or ticket availability.
CinemaPlus accepts Visa, MasterCard, American Express, Discover, PayPal and debit cards. We also accept gift cards and other promotional codes specific to the theater including gift cards from Exhibitors. Credit and debit cards must be issued in the United States and PayPal accounts must also be established in the United States.
You will receive an online confirmation at the time a purchase is made. You will also receive an e-mail or mobile confirmation based on the communication method you select. Please read the confirmation information carefully as it will instruct you on how to retrieve and use your ticket specific to the theater you will be visiting. If you receive a Bar-Coded Ticket or QR Ticket, please print or bring on your mobile device to the theater.
Some theaters may require you to bring your credit card and picture ID. Please be prepared to present the actual credit card the purchase was made with and your picture ID.
Movie Rate-and-Review Emails
CinemaPlus may email you an invitation to rate-and-review a movie you have experienced and/or your experience while using the Services. Participation is optional but we value the opportunity to improve the customer's experience and value your feedback.
Refunds and Exchanges
Refunds and exchanges of tickets purchased from Exhibitors using CinemaPlus Services are available for tickets purchased through the Services.
Please confirm the movie title, show time, location and quantity of tickets for the movie you wish to see prior to finalizing your purchase in order to prevent the need to issue refunds and exchanges.
Refunds will return the value of the ticket purchased using Services less a non-refundable CinemaPlus charge. Any amounts paid with gift cards will not be refunded but can be credited for future ticket purchases.
Refunds must be initiated online, using CinemaPlus Services and tickets can NOT be refunded at the theater or by request of the Exhibitor.
Mobile Ticketing Terms
Some of the Exhibitors using our Services provide you the option of having your purchased ticket delivered to your mobile device as a “Mobile Ticket.” A unique barcode, QR code or other electronic identifier will be included in your Mobile Ticket(s) along with the movie details you have purchased tickets to see. If an Exhibitor provides Mobile Ticket functionality and you select to receive a Mobile Ticket, the following terms will also apply:
By using the Site and Services, you agree not to:
User Content Rules
You acknowledge and agree that all the information, including data, video, music, sound, movie posters and other graphics, is not controlled by CinemaPlus but by the entity from which the content originated. If you choose to upload this content, you acknowledge that CinemaPlus cannot guarantee the accuracy, integrity or quality of this content. You also acknowledge that through use of our Services, you may be exposed to content that may be inaccurate, incomplete, or offensive. CinemaPlus is not liable for any concerns arising out of your decision to view, use and/or upload or share the content.
Commercial and Unauthorized Activities
The Site and Services are for your personal and non-commercial use only. Any unauthorized use of any portion of the Site or Services is prohibited.
We reserve the right, in our discretion, to investigate your use of the Site or Services to ensure compliance with these Terms.
You acknowledge and agree that the content and media available or accessible on the Site or through the Services is copyrighted and owned and/or controlled by CinemaPlus, an Exhibitor or other third party. Except as explicitly authorized by CinemaPlus, such Exhibitor or such other third party, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create similar works from the content or media.
Disclaimer of Warranties
CinemaPlus provides the Site and Services for movie ticket purchasing based on the content and information that is available on theater websites or as supplied by Exhibitors. CinemaPlus makes no warranties or representations to the accuracy, timeliness, reliability or completeness of Exhibitor information, including without limitation, movie times. Furthermore, CinemaPlus cannot and will not warrant that the theater site or other services including Services will be uninterrupted or operate in configuration with the hardware and software on your device. Your use of the Site and Services is solely at your own risk.
CinemaPlus makes no representation or warranty that the Site or Services are available for use outside the United States or Canada. The Site and Services are not intended for use by any person in any location where use violates local law or regulation. If you chose to use the Site or Services from other locations, you should be informed, and consult a professional if in doubt, about local laws and regulations, as you will be solely responsible for any risk.
Exclusion of Damages
Neither CinemaPlus, the Exhibitors nor their respective partners will be liable to you or any other third party for any damages that result from your use or inability to use our Site or Services. Damages include, but are not limited to direct, indirect, punitive, incidental, special or consequential damages relating to lost data, profit or goodwill. In addition, your use of the Site or Services is your acknowledgement and agreement that neither CinemaPlus, the Exhibitors nor their respective partners are liable to you or any other third party for damages arising from interrupted services, errors, content omission, poor performance, deletion, defects, delays in transmission, computer viruses, file corruption, communication-line failures, network or system outage, theft, destruction, unauthorized access or alteration of account information.
Limitation of Liability
The total liability to you, in connection to use of the Site and Services, will not exceed the amount (if any) that was paid to CinemaPlus by you in the preceding six (6) months that led up to the liability.
Applicability of Disclaimers
In jurisdictions that do not permit the exclusion of damages or the limitation of liability, CinemaPlus' liability will be limited to the greatest extent permitted by the law in that jurisdiction. Likewise, the limitation of liability terms may not apply to you if you are in a jurisdiction that does not permit the use of such terms.
Third Party Services
CinemaPlus does not control third party websites or the services they provide even if some of their features and functions are made available through our Site or Services. Thus, CinemaPlus does not make any warranties for these third-party services and will not be liable for any damages caused by use of such services. Any links to a third-party service or website accessible through the Site or Services does not imply an endorsement by CinemaPlus. Your rights and obligations will be subject to the Terms and Policies relating to those third-party services and websites.
You agree to indemnify and hold harmless CinemaPlus, the Exhibitors and their respective partners for damages including losses incurred in connection with any third-party dispute or claim, without limitation, brought about due to your use (or that of another under your account) of the Site and Services or any breach of these Terms.
Your access to the Site and Services, as well as your account profile and transmitted information, may be suspended or terminated by CinemaPlus' at its sole discretion without a stated reason or without any notice. Actions that will result in termination of your account or access include:
You may terminate your account for any reason and without notice by emailing CinemaPlus at email@example.com.
These Terms and your relationship with CinemaPlus will be governed by the laws of the United States and the State of Nevada. Subject to the arbitration provisions, any action or claim arising out of use of our Site and Services will be brought exclusively in the federal or state courts located in Las Vegas, State of Nevada. You agree that such claims will be addressed within this jurisdiction and that you will not pursue a transfer of such action to any other jurisdiction.
Arbitration; Class Action Waiver
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
You and CinemaPlus agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and CinemaPlus hereby waive any right to a jury trial of any Claim (as defined herein). All controversies, claims, counterclaims, or other disputes arising between you and CinemaPlus relating to these Terms (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules") in the City of Las Vegas, State of Nevada. You agree that all Claims will be governed by the laws of the State of Nevada without regard to Nevada's choice of law principles. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CinemaPlus may pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or CinemaPlus from seeking action by federal, state, or local government agencies. You and CinemaPlus also have the right to bring qualifying claims in small claims court. In addition, you and CinemaPlus retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected in any way with your use of the Site or Services must be filed within one (1) year after such claim or cause of action arose or be forever banned. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable.
Neither you nor CINEMAPLUS may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or CINEMAPLUS' individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of these Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This section of these Terms will survive the termination of your relationship with CinemaPlus.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CINEMAPLUS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
These Terms and all other terms and conditions related to the Site and Services, represent and constitute the entire agreement between you and CinemaPlus. These Terms supersede any prior terms and conditions and governs your use of the Site and Services.