Effective date: May 1, 2012
Table of Contents:
“Use” of the Website shall include, but is not limited to browsing the Website and the Content, as hereinafter defined, registering for an account or your devices, posting comments on the Website, requesting electronic newsletters, purchasing tickets electronically and purchases made through the Cineplex Store.
We reserve the right, at our sole discretion, to change modify, add or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.
This Website may contain material that is inappropriate for audiences under the age of thirteen (13). You acknowledge and agree that you will not authorize anyone under the age of thirteen (13) to access or view the Website.
Cineplex believes that parents should supervise their children's online activities and consider using commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (Note: The preceding links are provided for information purposes only. Cineplex is not affiliated with these entities and the foregoing is not intended as an endorsement of these entities, their services or policies.)
If for any reason Cineplex believes a user may be under the age of 13, Cineplex reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 13 all personal information shall be deleted from our system and we reserve the right to limit and/or ban the user from our site.
As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. If you reside outside of Canada, you acknowledge that you are responsible for ensuring that your use of the Website complies with all rules, laws, and regulations in the jurisdiction where you reside, including, without limitation, laws concerning intellectual property, the Internet, data and privacy.
Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of law.
The Website is owned and operated by Cineplex. The content, visual interface, interactive features, information, graphics, design, computer code, methods of operation, documentation, software, services and all other elements contained in or as part of the Website (the "Content") and any moral rights contained therein are copyrighted works owned by Cineplex or its affiliates and/or third party licensors and are protected by Canadian copyright, trademark, trade dress and patent laws, international conventions and all other relevant intellectual property and proprietary rights and applicable law both in Canada and abroad, where permitted. All trademarks, service marks and trade names on the Website are owned by Cineplex, its affiliates and/or third party licensors. Except as expressly authorized by Cineplex, you agree not to sell, license, distribute, copy, modify, publically perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. Cineplex reserves all rights, including without limitation, all intellectual property rights or other proprietary rights in connection with the Website and the Content. You shall not acquire any right, title or interest to the Website and/or Content, except for the limited rights set forth in these Website Terms. Cineplex will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution. You agree that notwithstanding anything contrary contained herein, you shall have no ownership or other proprietary interest in any account you create and you acknowledge and agree that all rights in and to any account are and shall forever be owned by and enure to the benefit of Cineplex.
Cineplex respects the intellectual property rights of others and requires that everyone using the Website does the same. Cineplex will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent via the online form located in Feedback Zone.
ALTHOUGH THE CONTENT ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, SUCH CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR ERRORS, AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER CINEPLEX NOR ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATION WHATSOEVER AND DISCLAIM ALL STATUTORY, EXPRESS OR IMPLIED WARRANTY, COVENANT AND/OR CONDITION OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, TERMS, COVENANTS OR CONDITIONS REGARDING ACCURACY, FUNCTIONALITY, UNINTERRUPTED SERVICE, COMPATABILITY, SOFTWARE COMPATABILITY, FREEDOM FROM COMPUTER VIRUS, MALWARE OR ADWARE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, RESULTS OBTAINED FROM USE OF THIS WEBSITE, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE ARISING BY LAW, EQUITY, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.
INTERNET SERVICES, LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES, DOWN-TIME, ACTS OF GOD AND OTHER OCCURRENCES BEYOND THE CONTROL OF CINEPLEX. CINEPLEX SHALL USE ITS REASONABLE EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DOES NOT REPRESENT, WARRANT OR COVENANT THAT IT SHALL MAINTAIN SUCH CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. CINEPLEX SHALL NOT BE LIABLE, OBLIGATED OR OTHERWISE RESPONSIBLE IF IT IS UNABLE OR UNWILLING TO MAINTAIN A CONTINUOUS AND UININTERRUPTED LINK TO THE INTERNET.
YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND LIABILITY. CINEPLEX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, COLLATERAL OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THE CONTENT ON THIS WEBSITE, OR THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FROM THE USE OF, OR INABILITY TO USE, ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF CINEPLEX OR ANY OF ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
Cineplex does not own, operate, or have any affiliation whatsoever with, any of the theatres and/or entities listed on the "Other Theatres" tab on the "Find a Theatre" portion of the Website.
The Website contains third party advertising and links to third party websites. Third party advertisements and links are provided solely as a convenience to you and not as an endorsement by Cineplex. Cineplex is not responsible for the content of any third party website or the products and/or services offered by third parties who advertise on the Website, or third party links contained therein, nor does it make any representation or warranty of any kind regarding any third party website or products and/or services offered by third parties, including, without limitation: (a) advertising claims made by third parties; (b) the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third party website; (c) the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party websites; or (d) the third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.
Third party linked sites are not under the control of Cineplex and may collect data or solicit personal information from you. Cineplex is not responsible for the content, business practices or the privacy policies of the third party linked sites, including but not limited to the collection, use and disclosure of personal information that these sites may collect.
You agree that Cineplex shall not be responsible or liable to you for any type of loss or damage that may result in any such dealings you may have with advertisers or third party websites linked to the Website, either directly or indirectly as a result of the presence of such advertising on the Website.
By registering for an account with Cineplex.com, you affirm that you are either over the age of 18, or possess legal parental or guardian consent if you are between the ages of thirteen (13) and eighteen (18), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with the Website Terms. In any case, you affirm that you are over the age of 13. If you are under 13 years of age, then please do not use this Website and talk to your parents about what sites are appropriate for you.
To use certain features of your account, you may also need a username and password, which you will create through the registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities that occur under your password or account. You agree to notify Cineplex immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Cineplex and its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees cannot and will not be liable for any loss or damage arising from Cineplex's and/or its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees' failure or your failure to protect your password or account information.
You acknowledge and agree that when using the Website, you will be exposed to user-submitted content ("User Submissions") from a variety of sources, and that Cineplex is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cineplex with respect thereto.
You retain all of your ownership rights in any User Submissions that you post to the Website. By uploading and/or posting your User Submission to the Website, you grant Cineplex a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Submission for any purpose via all forms of media now known or hereafter devised; and (b) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing rights.
In addition to the grant of the above license, you hereby: (a) agree to waive all moral rights in your User Submission in favour of Cineplex; (b) consent to your name appearing as the contributor of your User Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Submission; (c) acknowledge and agree that Cineplex is not responsible for any loss, damage, or corruption that may occur to your User Submission; and (d) acknowledge and agree that any User.
You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website. You acknowledge and agree that Cineplex shall in no way be responsible for any authorized and/or unauthorized use, reproduction, distribution or display of your User Submissions by any third party.
Cineplex does not endorse any User Submissions posted on the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Cineplex expressly disclaims any and all liability in connection with all User Submissions posted on the Website. Cineplex does not permit or condone copyright infringing activities and infringement of intellectual property rights on the Website and we will remove all User Submissions if we are notified that such User Submission infringes on third party intellectual property rights. We reserve the right to remove any User Submission posted on our Website without prior notice and without reason.
Cineplex does not condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. Cineplex shall make reasonable efforts to monitor User Submissions at all times to determine compliance with Website Terms and any operating rules established by Cineplex and to satisfy any law, regulation or authorized government request.
With respect to your User Submission, you agree to not use the Website to submit any content that: is offensive or that promotes racism or hatred; could be harmful to minors; harasses or bullies others; is false, misleading or illegal; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; contains or displays content of a sexually explicit nature, nudity or sexual activity; facilitates the impersonation of another person; you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary or confidential information); engages in commercial activities and/or sales without Cineplex's prior written consent.
The above is a partial list of the kind of activity that is illegal or prohibited on the Website. All users of the Website are encouraged to report inappropriate content by contacting Guest Services. Cineplex reserves the right to investigate and take appropriate legal action against anyone who, in Cineplex's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. In addition, we reserve the right, in our sole discretion, to remove any User Submission without prior notice and for any reason.
You are solely responsible for the User Submissions you post on the Website and the consequences of submitting and publishing your User Submissions. You represent, and warrant that your User Submissions do not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Cineplex all of the license rights granted herein.
You agree to indemnify, save and hold Cineplex and its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors, and/or licensees (the "Released Parties") harmless from any claims, losses, damages, liabilities, including legal fees and expenses arising from any violation by you of these Website Terms, or any breaches of the representations and warranties made by you herein. Cineplex reserves the right, at your expense, to assume the exclusive defence and control of any matter for which are you are required to indemnify the Released Parties and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Posting User Submissions may be made available via one or more social networking sites (i.e. Facebook or Twitter). In order to post User Submissions in this manner, you must have a registered account with the social network ("Social Network Account"), and be logged into the Social Network Account to post the User Submission. If you post a User Submission to the Website through your Social Network Account, you shall comply with its terms and conditions as well as these Website Terms. Cineplex shall not be held responsible for your inability to post User Submission to the Website due to your inability to access your Social Network Account or for any unauthorized access or viewing of your Social Network Account that may result when third parties review your User Submissions.
Upon purchasing tickets at home on your mobile device it may be possible to reserve your seating at the theatre for select performances at select theatre locations. Such option may not be available on all types of mobile devices.
Cineplex offers various digital products (the “Digital Product”) and physical products (the “Physical Product”) for sale and rental on the Website (the "Product(s)").
Sale of Products: All sales are final, except as otherwise described in these Website Terms, the Frequently Asked Questions (FAQ) http://store.cineplex.com/store/faq.jsp or as otherwise decided in Cineplex’s sole discretion. If we are unable to complete your order due to the unavailability or discontinuance of a Product, we may provide you with a credit for the Cineplex Store for the value of the purchased product.
End User: The Products are offered for sale to non-commercial end customers only.
Additional Terms: In addition to these Terms of Sale, your purchase or rental of any Product, or your participation in any promotion or discount, may be subject to any terms and/or conditions which are specified on the Website at the time you place an order to purchase a Product or participate in any promotion or discount.
Products may be purchased:
Notwithstanding the foregoing, it may be possible to purchase Products on certain internet connected devices by credit card only. For credit card or PayPal purchases, before processing any order, Cineplex obtains pre-approval, from PayPal or the financial institution which issued the user’s credit card, for the cost of the Product together with all applicable taxes and shipping charges. Your credit card or PayPal account will be charged only after we e-mail you that your order has been processed and shipped.
For purchases involving the redemption of SCENE points only, all points will be deducted from your SCENE account immediately on receipt of your order. SCENE points will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered. For additional information, please see our Frequently Asked Questions section (FAQ) http://store.cineplex.com/store/faq.jsp.
For purchases involving the use of a Gift Card only, the value being applied to your purchase will be deducted from your Gift Card immediately on receipt of your order. The Gift Card value being applied to your purchase will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered. For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/faq.jsp.
For purchases involving the use of a combination of credit card or PayPal, and/or the redemption of SCENE points and/or the use of a Gift Card your payment is processed in the following manner (as applicable):
Before processing any order that requires the use of a credit card or PayPal, Cineplex obtains pre-approval from PayPal or the financial institution which issued the user’s credit card, for the cost of the Product together with all applicable taxes and shipping charges. Your credit card will be charged only after we e-mail you that your order has been processed and shipped.
Formation of Contract / Order and Shipping Confirmation: We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the Product, we will notify you, and you may either choose not to purchase the Product, or purchase the Product at the correct price.
We will e-mail you once your order has been received; this e-mail is only our confirmation that our servers have received your order. Your order is deemed to be an offer to purchase the Product. Your order is deemed to be accepted only if we send you an e-mail confirming that your order has been processed and shipped (by Canada Post), and our said e-mail constitutes our acceptance of your offer. Until you receive an e-mail from us confirming that your order has been processed and shipped, no legally binding or enforceable contract exists between you and Cineplex.
We ship Products by Canada Post. In Stock Products are normally processed within one (1) business day and are normally delivered within an additional three (3) to five (5) business days. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed, shipped or delivered. Out of stock Products will be shipped once a Product is in stock. We only deliver Products to addresses in Canada. Products cannot be picked up in person.
Replacement of Defective Product: Subject to stock availability, we will replace any defective Product which is returned to us, in its original packaging, within ten (10) calendar days of the date on which the Product was delivered to you. Should we be out of stock with respect to a defective Product, we will ship a replacement Product to you once the Product is once again in stock. Should the originally defective Product no longer be available, we shall permit you to choose either an alternate Product of equal value or receive a full refund of the money you paid. Please note that we will only replace Product which was manufactured defectively.
Limitation of Quantities: We reserve the right to limit quantities of the Products which are available for sale or which each customer may buy.
Accuracy of Information: In order to complete your order, we rely on the information which you provide to us. By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date. You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information which you provide to us.
Conditions re Sale to Minors and non-residents of Canada:
Your purchase or rental of Products from the Cineplex Store constitutes your confirmation that you are: (i) an adult who has obtained the age of majority in the Canadian province or territory in which you reside; or (ii) a minor who is purchasing or renting Product or redeeming Gift Cards or SCENE points with the permission of your parent or legal guardian; and (ii) a resident of Canada who is accessing the Cineplex Store from within Canada.
Adults who have obtained the age of majority in the Canadian province or territory in which they reside are encouraged to use the Parental Control settings within their accounts. Parental controls are available for use on Televisions, Blu-ray players and Home Theatre Systems carrying the Cineplex Store digital service.
Cineplex offers certain UltraViolet™ digital products and services (the “UltraViolet™ Products”) for purchase at the Cineplex Store. Customers who wish to purchase, view or redeem UltraViolet Products at the Cineplex Store must create both a Cineplex account in accordance with these Website Terms, as well as an UltraViolet account, and follow the required steps and procedures for purchasing and viewing such UltraViolet content, as further described on UVVU.com.
This Website may be accessed from countries around the world, other than Canada, and may contain references to Cineplex products, services, and programs that have not been announced and are not available in your country. These references do not imply that Cineplex intends to announce or make available such products, services or programs in your country. Cineplex makes no representation or warranty that the content on this Website is appropriate, available for use or legal in countries, territories or lands other than Canada. Cineplex makes no representation or warranty that accessing this Website from countries, territories or lands other than Canada is not prohibited. Those who choose to access this Website from countries, territories or lands other than Canada do so entirely on their own initiative and entirely at their own risk, and they are solely responsible for the consequences of same, and for compliance with their local laws.
You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently prohibited.