Terms of service

About These Terms

CinemaPlus LLC, a Nevada limited liability company (“CinemaPlus,” “we,” “our,” or “us”), owns and operates CinemaPlus.com (the “Site”) and certain hosted software, applications, and related services (collectively, the “Services”). The Services include tools and functionality that: (a) provide movie information and related media; (b) enable end users to purchase movie tickets, concessions, subscriptions, merchandise, gift cards, and other products and services, subject to availability and the terms and conditions applicable to each such purchase; and (c) support marketing, communications, subscriptions, customer loyalty programs, and other related offerings. The Services may be made available through the Site, mobile or web applications, API feeds, point-of-sale systems, and other channels. CinemaPlus reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, except as otherwise required by applicable law or these Terms.

The Services may also be made available by theater owners, theater chain operators, cinema exhibitors, ticket syndicators, ticket aggregators, website publishers, and other third parties (each, an “Operator”) through their own websites, applications, API feeds, and other channels (each, an “Operator Site”).

These Terms of Service for End Users (these “Terms”), effective as of the date of your first access to or use of the Services, govern your access to and use of: (a) the Site; (b) the Services; (c) each Operator Site to the extent it makes the Services available; (d) any other website, application, or service through which the Services are made available; and (e) related emails, text messages, and other communications concerning the Services.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.

Your access to and use of the Site and Services are also subject to the CinemaPlus Privacy Policy available at https://www.cmxcinemas.com/privacy-policy (the “Privacy Policy”), which is fully incorporated herein by reference. The Privacy Policy describes how CinemaPlus collects, uses, discloses, and otherwise processes Personal Data in connection with the Site and Services. Certain features of the Services may use cookies, analytics, personalization, rewards-program functionality, advertising, or similar technologies and practices as described in the Privacy Policy, and by using those features you acknowledge that such processing may occur in connection with your use of the Services. Certain Operator Sites may also be subject to the applicable Operator’s own privacy policy, cookie policy, or similar notice with respect to Personal Data collected by or on behalf of that Operator for that Operator’s own purposes or outside the Services. CinemaPlus is not responsible for an Operator’s privacy practices except to the extent expressly described in the Privacy Policy or as otherwise required by applicable law.

To the extent an Operator has validly presented and gained your acceptance of its own terms of use, terms of service, privacy policy, refund policies, cancellation policies, loyalty and reward program policies, venue rules, or similar terms in connection with an Operator Site or transaction (collectively, “Operator Terms”), such Operator Terms govern your relationship with that Operator and the operator-specific aspects of the applicable transaction, venue, offering, or experience, while these Terms govern the Services and your use thereof. You acknowledge that CinemaPlus is not a party to any agreement between you and an Operator, and CinemaPlus makes no representations or warranties regarding any Operator’s performance of its obligations under Operator Terms. Operator Terms that impose additional obligations or restrictions that are consistent with these Terms will also apply. Operator Terms will be deemed “validly adopted and presented” only if they are clearly and conspicuously presented to you in connection with the applicable Operator Site or transaction, with an opportunity to review such terms before completing the transaction, and in a manner sufficient to create a binding agreement under applicable law.

You should review the applicable Operator Terms carefully. Questions regarding an Operator’s terms, policies, or practices should be directed to that Operator. CinemaPlus does not control, and is not responsible for, Operator Terms or disputes arising solely between you and an Operator under such Operator Terms, except to the extent CinemaPlus is legally obligated under applicable law as a service provider or payment processor.

In the event of any conflict among these Terms, the Privacy Policy, and any validly adopted Operator Terms, the following order of precedence applies: (a) the Privacy Policy controls solely with respect to privacy, cookies, tracking technologies, Personal Data, and related data-processing matters; (b) these Terms control with respect to the Services and your use thereof; and (c) validly adopted Operator Terms control solely with respect to the applicable Operator’s own products, services, policies, and venue-specific rules.

CinemaPlus reserves all rights not expressly granted in these Terms, subject to any rights granted to you under applicable law. “CinemaPlus Party” means CinemaPlus LLC and its affiliates, subsidiaries, officers, directors, employees, agents, contractors, licensors, service providers, and respective successors and permitted assigns.

If you do not agree to these Terms, you may not access or otherwise use the Site, the Services, or any Operator Site.

CinemaPlus may modify these Terms from time to time in its sole discretion. If we make material changes, we will provide notice by posting the updated Terms on the Site or by sending you a notice to the email address or other contact information associated with your account. Unless a different effective date is stated, changes will become effective thirty (30) days after the date of posting or notice, whichever is earlier. Your continued use of the Services after the effective date of the updated Terms will constitute your acceptance of the updated Terms.

YOUR ACCESS TO OR USE OF THE SERVICES IS GOVERNED BY THE THEN-CURRENT TERMS.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including but not limited to any content, Services, digital products, tools or products, is hereby expressly prohibited.

Please note that these Terms contain an arbitration provision and waiver of class action and jury trial.

Contact Us

If you need to contact us for any reason or have any questions or concerns about these Terms, we can be reached at:

Electronic Notice

You consent to receive electronically all agreements, notices, disclosures, and other communications that we provide in connection with the Site or Services, including by email, in-app message, posting on the Site, or other electronic means.

Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and, where applicable, any Operator Terms that have been validly adopted and presented to you in connection with the applicable Operator Site or transaction. If you are using the Services on behalf of a company, organization, or other entity, you represent, warrant, and covenant that you have the authority to bind such entity to these Terms and any applicable Operator Terms that have been validly adopted and presented to you.

Permitted Use

The Services are for your personal and non-commercial use only. You may not use the Services for any commercial purposes without CinemaPlus’ prior written authorization. The Services contain material that is derived in whole or in part from material supplied and owned by CinemaPlus or other sources and is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by CinemaPlus, you may not duplicate, download, publish, modify, or otherwise distribute any material on the Services, except for your personal, non-commercial use. You may not use automated means to deep-link to, frame, or scrape content from the Site or Services without CinemaPlus’ prior written consent. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal or civil liability. You may not download or modify the Services or any portion of them, make derivative use of the Services, download or copy account information for other users, or otherwise engage in data mining or similar data gathering without CinemaPlus’ express written consent.

The Services are only for users who are at least thirteen (13) years of age. If you are at least thirteen (13) years of age but under the age of majority in your jurisdiction of residence (typically 18), you may use the Services only with the involvement, supervision, and consent of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a minor, you are fully responsible for that minor’s use of the Services. You acknowledge that certain Services are not available outside of the United States. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that may be harmful to minors.

By accessing or otherwise using the Services, you represent and warrant that: (a) you meet the age requirements set forth in these Terms; (b) if you are using the Services on behalf of a minor, you are that minor’s parent or legal guardian and you agree to be bound by these Terms; and (c) you are not located in, under the control of, or a national or resident of any country subject to a comprehensive U.S. government embargo.

Account Registration

If you choose to create an account, you will be prompted to provide registration data to CinemaPlus and the Operators including a unique end user ID and password. You are solely responsible for maintaining the confidentiality of your account information and password. You agree to immediately notify CinemaPlus of any unauthorized use of your account or any other breach of security. You agree to logoff from your account at the end of each session to maintain the security of your account.

When using the Services, you agree to:

• Provide true, accurate, current and complete information about yourself when CinemaPlus makes a request for your registration data; and
• Promptly update your registration data to keep it current.

If any information you provide is incomplete, inaccurate, outdated, or misleading, or if CinemaPlus reasonably suspects that it is, CinemaPlus may suspend or terminate your account.

You must immediately notify CinemaPlus if you suspect any unauthorized use of your account credentials. Any illegal or abusive activity under your account may result in suspension or termination of your account. CinemaPlus will not be liable for losses arising from unauthorized use of your account that results from your failure to safeguard your credentials or otherwise comply with these Terms.

SMS Text Messages and Calls

By providing your mobile number, you consent to receive transactional and account-related calls and text messages from CinemaPlus and its service providers at that number, including through automated technology where permitted by law, in connection with your account, purchases, tickets, and use of the Services.

If you separately opt in to receive marketing text messages, you also consent to receive promotional texts from CinemaPlus as described at the point of opt in. Message frequency varies. Message and data rates may apply. Your consent to receive marketing texts is not a condition of any purchase, and you may opt out at any time by replying STOP to any message, by following the instructions provided in the message, or by contacting us.

Fees and Payments

Operators use the Services to sell various goods and services such as movie tickets, concessions, subscriptions, merchandise, gift cards, and private events. Prices, showtimes, and ticket availability are determined by the applicable Operator, not by CinemaPlus. CinemaPlus currently accepts Visa, MasterCard, American Express, Discover, and debit cards bearing these logos. We may also accept PayPal or other payment methods from time to time and may discontinue acceptance of any payment method at any time with reasonable notice where required by law. We also accept gift cards, stored value redemptions, and other promotional codes specific to particular Operators. Credit and debit cards must be issued in the United States. PayPal accounts, if accepted, must be established in the United States. We may decline or cancel transactions from payment methods that do not meet these requirements. You represent and warrant that: (i) you are the authorized user of any payment method you provide; (ii) all payment information you provide is accurate and complete; (iii) you have the legal right and capacity to use such payment method for the transactions you initiate; and (iv) you will notify CinemaPlus immediately of any unauthorized use of your payment method or account.

You are responsible for all charges incurred using your account and any payment method you provide, except for charges resulting from unauthorized use that you did not cause through breach of these Terms or failure to safeguard your account credentials. You authorize us to charge any such payment method for all purchases you make, including any applicable taxes, service fees, convenience fees, and other charges disclosed at the time of purchase.

In certain transaction flows, CinemaPlus or its payment processor may act as the merchant of record or payment facilitator for payment-processing purposes. The applicable Operator remains responsible for the underlying event, venue, showtime, inventory, refund policy, and operator-specific terms unless expressly stated otherwise in these Terms or in a notice provided at the time of transaction.

Merchandise and E-Commerce Transactions

Certain Operators may elect to use the Services to offer for sale tangible goods and other physical products, including apparel, collectibles, promotional items, media, and similar merchandise (“Merchandise”), through digital storefronts, checkout flows, or other commerce functionality made available via the Services (collectively, the “E-Commerce Services”).

All Merchandise made available through the E-Commerce Services is offered and sold by the applicable Operator (or its designated third-party fulfillment provider), and not by CinemaPlus. CinemaPlus does not act as the merchant of record for Merchandise unless expressly stated otherwise in a separate written agreement or notice, except that CinemaPlus or its payment processor may act as merchant of record or payment facilitator for payment-processing purposes in certain transaction flows as described in the Fees and Payments section. Title to and risk of loss for Merchandise pass directly from the Operator to you at the time and place specified in the Operator’s applicable terms and fulfillment practices. CinemaPlus does not take title to or assume risk of loss for Merchandise, except that CinemaPlus or its payment processor may act in payment-processing roles as described in the Fees and Payments section.

Each Operator is solely responsible for all aspects of its Merchandise and related transactions, including: (a) the accuracy, pricing, availability, and description of Merchandise listings; (b) fulfillment, shipping, delivery, and customer service; (c) compliance with applicable consumer protection, product safety, and other laws; (d) warranties, guarantees, and return or exchange policies; and (e) resolving disputes arising from Merchandise. CinemaPlus does not independently verify, inspect, or endorse any Merchandise and makes no representations regarding its quality, safety, authenticity, or legality. All Merchandise returns, refunds, exchanges, and warranty claims are governed by the applicable Operator’s policies and are between you and the Operator. CinemaPlus is not a party to any such transaction and has no obligation to process or resolve any such claims. CinemaPlus may facilitate communications or technical workflows relating to such issues as a convenience, but such assistance does not constitute acceptance of liability or create any ongoing obligation to provide such assistance.

Payments for Merchandise may be processed through CinemaPlus-integrated or third-party payment processors, subject to the applicable processor terms. CinemaPlus does not guarantee payment authorization or settlement. To the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator for payment-processing purposes, CinemaPlus will handle payment disputes in accordance with applicable payment-network rules and its obligations under these Terms. Otherwise, the applicable Operator is responsible for chargebacks, reversals, and payment disputes arising from Merchandise transactions, and CinemaPlus is not responsible for such disputes to the extent they arise from the Operator’s merchandise offerings, fulfillment, or operator-specific policies.

CinemaPlus may remove, suspend, restrict, or disable access to any Merchandise listing or E-Commerce functionality if CinemaPlus reasonably believes that such listing or activity violates these Terms, any applicable law or regulation, infringes third-party rights, or poses a material legal, operational, financial, or security risk to CinemaPlus or any third party. CinemaPlus has no obligation to monitor Merchandise listings and is not liable to you or any Operator for any such action.

WITHOUT LIMITING ANY OTHER DISCLAIMER IN THESE TERMS, CINEMAPLUS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MERCHANDISE OR E-COMMERCE TRANSACTION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Digital Stored-Value Terms

We may, from time to time in conjunction with certain Operators, offer one or more of the following digital stored-value options (collectively “CinemaCash”):

• “Gift Card Balance” means any value loaded to your CinemaCash account by you or on your behalf in exchange for money (including gift card purchases or funds added by you or another person).
• “Refund Balance” means value you receive when you elect to take a refund in stored value instead of cash.
• “Promotional Balance” means value provided to you for free as part of a promotion, incentive, reward, or loyalty program. You do not pay for Promotional Balances, and Promotional Balances are not gift cards and are not subject to gift card laws.
• “Transfer” means movement of one of the above balances from one user to another. A Transfer does not change the underlying balance type.

These stored-value categories may appear together in your CinemaCash account, but different rules apply to each as described below.

The CinemaCash program described in this section, including all Gift Card Balances, Refund Balances, and Promotional Balances, is a CinemaPlus program and is separate and distinct from any gift card, stored-value, loyalty, or rewards program that an Operator may independently offer under its own brand or through its own systems (each, an “Operator Gift Card Program”). CinemaPlus does not operate, administer, control, or assume any responsibility for any Operator Gift Card Program. Operator Gift Card Programs are not part of CinemaCash, are not governed by these Terms, and are subject solely to the terms, conditions, and policies established by the applicable Operator. References in this section to “Gift Card Balance” refer exclusively to value loaded into your CinemaCash account through the CinemaPlus platform and do not refer to, and should not be construed to include, any gift card, stored credit, voucher, or similar instrument issued by an Operator under an Operator Gift Card Program. If you have questions about an Operator Gift Card Program, including its terms, redemption rights, expiration policies, or applicable law, you should contact that Operator directly. CinemaPlus has no liability with respect to any Operator Gift Card Program or any gift card, voucher, or stored value issued thereunder.

Your CinemaCash account is a closed-loop stored-value system usable only with participating Operators as determined by us from time to time. You do not earn interest on any CinemaCash balances. We may correct, adjust, or reverse stored-value balances to address errors, fraud, unauthorized use, system malfunctions, or violations of these Terms. If your Wallet combines multiple stored-value types into one displayed total, the rights applicable to each underlying type still apply.

A Gift Card Balance is created whenever value is loaded to your CinemaCash account in exchange for money. We do not currently impose expiration dates or dormancy, inactivity, or maintenance fees on Gift Card Balances, except where permitted or required by applicable law and disclosed in advance. We reserve the right to impose such fees or expiration dates in the future to the maximum extent permitted by law with advance notice. Certain jurisdictions require redemption of low gift-card balances for cash (including California, Colorado, Maine, Montana, New Jersey, Oregon, Washington, and others). Where such laws apply and where you meet all applicable requirements under such laws, we will redeem qualifying Gift Card Balances for cash on request in accordance with the procedures and limitations set forth in such laws, even if other sections of these Terms would otherwise prohibit cash redemption. Gift Card Balances may be used at participating Operators, subject to any Operator-specific limitations disclosed at the time of purchase or load. Operators may cease participation at any time, and we are not liable for any Operator’s refusal to accept Gift Card Balances.

A Refund Balance is created when you voluntarily elect to take store credit instead of a cash refund. All material terms applicable to Refund Balances (such as whether it is redeemable only at a specific Operator or location) will be disclosed when you make that election. Unless otherwise disclosed at that time, Refund Balances (a) are redeemable only with the issuing Operator and may not be used with other Operators; (b) are not redeemable or refundable for cash except to the extent expressly required by applicable law; (c) do not expire unless expiration is permitted by applicable law and clearly disclosed during the refund election process; and (d) may be subject to the issuing Operator Terms. If any jurisdiction treats certain forms of store credit as “gift cards,” we will comply with applicable mandatory rules for that portion of your Refund Balance.

Promotional Balance is value provided to you for free (e.g., “$5 Movie Bucks” or “$5 Concession Cash”) and is not purchased by you. Promotional Balances may expire, may be forfeited for inactivity, may be limited to specific Operators, titles, days, times, locations, or products, may have minimum purchase requirements, and are not redeemable or refundable for cash under any circumstances. These terms will be disclosed at or prior to your acceptance of the Promotional Balance, and your acceptance constitutes agreement to such terms. Promotional Balance will be displayed separately or clearly labeled so you can distinguish it from Gift Card and Refund Balances. We may combine display of balances for convenience, but the distinct terms applicable to each balance type remain in effect.

If and when Transfers are permitted by us in our sole discretion, transferred value retains its underlying stored-value type. For example, ten dollars ($10) of Gift Card Balance transferred to another user remains Gift Card Balance in the recipient’s CinemaCash account. Promotional Balance can be transferred only if expressly allowed by the applicable promotion, and we may prohibit transfer of any Promotional Balance. We may limit, suspend, or terminate transfer functionality at any time, including to manage fraud risk, comply with law, or address operational or security concerns. We are not liable for any losses resulting from any such transfer limitations.

If Operators impose additional restrictions on particular transactions or balances, those restrictions will be disclosed at the applicable purchase, refund election, or promotional acceptance point. Such restrictions will not retroactively reduce vested rights you already acquired in existing balances. We reserve the right to modify terms prospectively for future loads, promotional grants, refund elections, and transactions to the extent permitted by law. Any modifications to terms governing already-issued balances will apply only to the extent permitted by applicable law and will not reduce rights that have already vested. By accepting digital stored-value CinemaCash into your CinemaCash account, you agree to these digital stored-value terms, these Terms, and all applicable Operator Terms.

Regardless of anything in these Terms, we comply with mandatory consumer-protection, gift-card, and stored-value laws applicable to your CinemaCash account balances. If those laws grant you rights that are more protective than these Terms, those laws control.

Refunds and Exchanges

Ticket refund and exchange eligibility, timing, and applicable fees are subject to the refund policies of the Operator you transact with, as disclosed to you (a) during the checkout process; (b) in the applicable Operator Terms; or (c) otherwise, and which may vary by location and event (as applicable to your transaction, the “Operator Refund Terms”). Where CinemaPlus provides technical functionality to facilitate refund or exchange requests through the Services, CinemaPlus will process requests approved by the applicable Operator in accordance with the Operator Refund Terms. The applicable Operator remains responsible for its refund and exchange policies and for approving or denying requests, except to the extent CinemaPlus acts as merchant of record for your transaction.

Operator Refund Terms are unique to each Operator. Such terms typically provide that (i) refunds and exchanges are not allowed for special events, premieres, advance screenings, limited engagements, exclusive performances, and other specially designated showings as determined by each Operator; (ii) refund and exchange requests made through the Services are available only for goods and services purchased via the Services; and (iii) refunds and exchanges may be denied by your Operator if you violate the applicable Operator Terms. You are responsible for reviewing and understanding the Operator Refund Terms applicable to your transaction before you make a purchase via the Services. CinemaPlus makes no representations or warranties regarding Operator Refund Terms.

Please confirm the movie title, show time, location, and quantity of tickets prior to finalizing your purchase. Refunds will return the value of the ticket purchased using the Services less any applicable non-refundable fees disclosed to you during checkout. CinemaPlus may offer digital stored-value refund options which, when available and supported by particular Operators, may reduce the fees charged to you in the event of a refund or exchange. The availability, terms, and conditions of such options are determined by CinemaPlus and the applicable Operator, and we reserve the right to modify, suspend, or discontinue such options at any time. Any amounts you paid via gift cards or stored value will be credited for future ticket purchases and will not be refunded in cash or to the original payment method, except as required by applicable law. Refunds may be initiated online using the Services where such functionality is available. Unless otherwise expressly permitted by the applicable Operator, refund requests initiated through the Services typically cannot be processed at the theater box office.

Ticket Confirmation

You will receive an online confirmation at the time a purchase is made. You will also receive an email or mobile confirmation based on the communication method you select. However, failure to receive such confirmation does not invalidate your purchase, and you are responsible for verifying your purchase details through your account. Please read the confirmation information carefully, as it will instruct you on how to retrieve and use your ticket for the theater you will be visiting.

Some of the Operators 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 each of your Mobile Tickets along with the movie details you have purchased tickets to see. If an Operator provides Mobile Ticket functionality and you select to receive a Mobile Ticket, the following terms will also apply:

• Your mobile services provider may bill you for any message and data charges that apply to receiving Mobile Tickets on your mobile device.
• You may receive a text message to your mobile device containing the Mobile Ticket, which will include a unique barcode. This confirmation and unique barcode will also be available through our confirmation page. The Mobile Ticket includes the barcode and the accompanying text. Barcodes that do not include the original accompanying text and verification data will not be accepted. Any attempt to modify, duplicate, forge, or improperly transfer ticket barcodes is prohibited and may result in termination of your account, denial of entry, forfeiture of ticket value, and/or other legal remedies available to CinemaPlus.
• Some theaters may require you to bring your credit card and a government issued picture identification. Please be prepared to present the actual credit card the purchase was made with and your government issued picture identification.
• CinemaPlus is not responsible for lost or stolen Mobile Tickets resulting from your failure to safeguard your mobile device or account credentials.
• If you make a purchase for multiple movie tickets under a single order, your mobile confirmation will include all such tickets. All attendees MUST arrive together to gain entry under the mobile confirmation you have received.
• The sharing of tickets to others, if allowed by a particular Operator, may only be done via the Services pursuant to these Terms or by text message if explicitly permitted by the Operator. Forwarding a Mobile Ticket, or any electronic identifier thereof, to any other device or person other than via the Services or as explicitly permitted by the Operator is prohibited and will render such ticket void. CinemaPlus reserves the right not to issue a refund in the event of such violation.
• If the issuance or use of any Mobile Ticket would violate these Terms or applicable Operator Terms, CinemaPlus reserves the right to void each such Mobile Ticket without refund or other compensation.

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 our customer experience and value your feedback.

User Conduct

You are solely responsible for your use of the Services, including any information or materials you choose to make available through the Services, communications transmitted through the Services, and the security of all usernames, passwords, and other credentials you use to access the Services or any third-party services you link to your account (such as social networking accounts).

If you violate any material provision of these Terms or any applicable Operator Terms, CinemaPlus may, in its sole discretion, cancel your tickets without issuing a refund.

You agree that you will not (and you will not induce or encourage others to) use the Services (or attempt to use the Services) for any unlawful purpose, to commit any act of deception, fraud, or abuse, or to violate these Terms, any applicable Operator Terms, or any other third party’s terms of service, or to:

• Interfere with any other user from using and enjoying the Services;
• Collect, harvest, or scrape information about other users or third parties via the Services, or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail (spam), chain letters, or any other form of unauthorized solicitation;
• Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or any derivative work based on the Services’ content;
• Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes, plan or participate in scams involving other users, engage in any form of fraud, or otherwise commercially exploit other users;
• Attempt to gain unauthorized access to other computer systems or networks connected to the Services;
• Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services;
• Contribute to the Services any rating or review whose outcome was influenced by any financial or other incentive, compensation, or consideration you received or expect to receive to make such rating or review positive or negative; or
• Provide false, fictitious, or misleading information, or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers, geographic restrictions, or account-level restrictions.

Additionally, you agree that you will not use the Services to upload, post, or otherwise distribute or facilitate distribution of any material that:

• Is libelous, defamatory or slanderous;
• Is sexually suggestive or contains explicit sexual content (or nudity);
• Denigrates or is reasonably likely to denigrate any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Threatens, abuses, harasses, or invades the privacy of any third party;
• Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
• Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
• Encourages conduct that would constitute a criminal offense or give rise to civil liability;
• Impersonates any person or entity, including any employee or representative of CinemaPlus; or
• Violates any applicable law, these Terms, or any applicable Operator Terms.

Certain areas of the Services may include opportunities for you or others to upload, post, transmit, or otherwise distribute (“Upload”) on or through the Services photos, other images, text, commentaries, reviews, audio and video, “Feedback” (defined as suggestions, comments, or other feedback you provide to us), posts, messages, or other content from you (collectively, “User Materials”). Except as may be explicitly requested in connection with particular programs or promotions, CinemaPlus is not requesting, and is unwilling to review, unsolicited ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works.

Except as expressly set forth in these Terms, you shall continue to own all rights in and to your User Materials, except to the extent your User Materials contain or are otherwise derived from materials, content, or elements owned by CinemaPlus or any of our affiliated companies, partners, or companies that own the intellectual property related to the tickets, movies, shows, or other content or items we may offer (e.g., characters or other elements created or owned by us or entertainment producers or distributors). You alone are responsible for your User Materials, and once published, User Materials submitted through public or shared features of the Services cannot always be withdrawn. You assume risks associated with your User Materials, including anyone’s reliance on their quality, accuracy, or reliability, or any disclosure by you of information in your User Materials that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of, your User Materials as described herein. You must not imply that your User Materials are in any way sponsored or endorsed by CinemaPlus.

You shall be solely liable and responsible for any User Materials that contain material that is false, misleading (whether intentionally or unintentionally), or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. All User Materials must comply with these Terms. Specific additional rules or terms may apply to the submission of User Materials. User Materials submitted through public or shared features of the Services will not be treated as confidential.

Monitoring

CinemaPlus reserves the right, but has no obligation, to monitor, investigate, examine, record, copy, and disclose your use of the Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take appropriate action, in our discretion, if we become aware of any violation of these Terms, including modifying or removing any User Materials, warning users, suspending or terminating accounts, blocking access to the Services, or taking other corrective action. You are responsible for your use of the Services, your User Materials, and any interaction you may have with other users of the Services. We reserve the right, but have no obligation, to become involved in or monitor disputes between you and other users of the Services.

Grant of Limited License

To the extent you submit, post, upload, transmit, or otherwise make available any User Materials through the Services, you retain ownership of your User Materials, but you grant CinemaPlus and its affiliates, service providers, contractors, and sublicensees a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to host, store, reproduce, display, perform, modify, adapt, and distribute such User Materials solely as necessary to operate, provide, maintain, improve, and promote the Services. This license includes the right to make technical modifications and derivative works as necessary to format, process, transmit, display, and distribute User Materials in connection with the Services. You represent and warrant that you own or control all rights necessary to submit the User Materials and to grant the foregoing license, and that the User Materials, and CinemaPlus’ exercise of the foregoing rights as permitted by these Terms, will not infringe, misappropriate, or otherwise violate any third-party rights or applicable law. Except as otherwise expressly provided in these Terms, no compensation will be payable to you with respect to CinemaPlus’ use of User Materials as permitted under these Terms.

You acknowledge that you Upload any User Materials voluntarily. With respect to User Materials you submit through public or shared features of the Services, you should have no expectation of privacy or confidentiality in such publicly shared materials, and no fiduciary relationship exists between us and you based on such User Materials. Although we may offer you the ability to Upload User Materials anonymously, we may store your account information. We cannot guarantee removal of User Materials submitted through public or shared features from all locations on the Services or other sites where they may have been shared, and we may retain such User Materials in our backup systems as necessary for legal, operational, or security purposes, including after termination of your account.

CinemaPlus is not responsible or liable for any User Materials and we have no obligation to investigate, monitor or correct any User Materials (e.g., for accuracy or completeness) except as provided in these Terms. User Materials may not reflect the views of CinemaPlus and we do not endorse any User Materials that you or other users Upload.

If you believe that any User Materials are defamatory or infringe your intellectual property, you should send a detailed written notice to legal@cinemaplus.com containing all information required under applicable law to request a review of the alleged infringement. Failure to provide complete information may result in delayed processing of your complaint. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act of 1998, we reserve the right to remove any User Materials from our Services for any reason in our sole discretion.

Copyrights

CinemaPlus respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. CinemaPlus, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a written notice to legal@cinemaplus.com to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CinemaPlus to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Act permits you to send CinemaPlus a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Act (see the U.S. Copyright Office website for details). Notices and counter-notices with respect to the Services should be sent to legal@cinemaplus.com.

CinemaPlus suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the Act.

Proprietary Rights

As between you and CinemaPlus, CinemaPlus owns all right, title and interest in and to the Services and all materials and content contained in the Services, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited and may result in civil and criminal penalties, including damages of up to $150,000 per infringement under applicable copyright laws.

Permission is granted solely to use the Services for personal, non-commercial consumer use. Any commercial use or exploitation of the Services or any portion thereof, whether direct or indirect, including but not limited to resale of tickets, automated data collection, or creation of derivative services, is strictly prohibited unless explicitly authorized in writing by CinemaPlus. Any other use of the Services, including reproduction, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of CinemaPlus is strictly prohibited. You also agree that you will not collect data from, or use any automated method (including, but not limited to robots, scripts, spiders, data extractors or other automated means) to collect data from, access or search, the Services, unless CinemaPlus has separately given its express written authorization to do so. Without limiting the foregoing, you agree that you shall not (a) use any robots, spiders, crawlers, devices, scripts or other data gathering or extraction software and/or tools, whether automated or manual, to access, acquire, copy, monitor, scrape, data mine, or aggregate any content or any portion of the Services for any purpose; (b) use any content or portion of the Services for the purpose of directly or indirectly training, developing or improving a software tool or service, including any artificial intelligence tool, model, system or platform; or (c) attempt to circumvent any technological measures implemented by CinemaPlus to protect the Services or its content. Any violation of these restrictions may result in immediate termination of your access and may subject you to legal action. Except as expressly stated in these Terms, nothing in these Terms shall be deemed to convey to you any right, title or interest in or to the Services or any content available through the Services.

To the extent the Services include an explicit authorization with respect to certain content (e.g., the right to repost content on social media), CinemaPlus hereby grants you a limited, revocable license to post or upload such content onto your personal social media account(s) without modification and in accordance with the restrictions in these Terms or any other terms associated with such content. To the extent we authorize you to create, upload, publicly display or publicly perform materials that are derived from our content, we grant you a non-exclusive license to create a derivative work using the specifically referenced content only in accordance with such authorization. By creating such derivative works, you grant CinemaPlus a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, reproduce, distribute, display, and perform such derivative works in connection with the Services and CinemaPlus’ business operations. Our service marks/trademarks may not be used (i) in connection with any product or service that is not provided or authorized by CinemaPlus; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that disparages or discredits CinemaPlus.

Disclaimer of Warranties

While CinemaPlus uses reasonable efforts to include up to date information on the Site and within the Services, CinemaPlus makes no warranties or representations as to the accuracy, timeliness, reliability, availability, completeness or otherwise of any such information.

CINEMAPLUS PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH CINEMAPLUS PARTY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. WITHOUT LIMITING THE FOREGOING, CINEMAPLUS DOES NOT WARRANT THAT THE SITE OR SERVICES WILL (A) BE UNINTERRUPTED; (B) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (C) MEET YOUR REQUIREMENTS; OR (D) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO CINEMAPLUS PARTY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CINEMAPLUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE CINEMAPLUS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR SERVICES. CINEMAPLUS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (A) YOUR FAILURE TO COMPLY WITH THESE TERMS, OR (B) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.

Limitation of Liability

IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CINEMAPLUS PARTIES TO YOU IN CONNECTION WITH THE SITE AND SERVICES OR THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT (IF ANY) PAID BY YOU TO CINEMAPLUS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, OR (B) TEN DOLLARS ($10). CINEMAPLUS IS NOT RESPONSIBLE FOR ANY ACTIONS, OMISSIONS, OCCURRENCES, INJURIES, OR DAMAGES THAT OCCUR ON OR NEAR ANY THEATER OR OTHER LOCATION, OR IN CONNECTION WITH ANY SERVICE OR PRODUCT TICKETED OR MADE AVAILABLE THROUGH THE SERVICES OR SITE. TO THE EXTENT CINEMAPLUS ACTS SOLELY AS A TECHNOLOGY PLATFORM FACILITATING TRANSACTIONS WITH OPERATORS, YOU WILL LOOK TO THE OPERATORS AND PROVIDERS OF SUCH THEATERS, LOCATIONS, SERVICES, AND PRODUCTS WITH RESPECT TO ANY SUCH LIABILITY.

Application of Disclaimers, Exclusions, and Limits

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR THE DISCLAIMER OF CERTAIN WARRANTIES, THE LIABILITY OF THE CINEMAPLUS PARTIES AND THE DISCLAIMERS SET FORTH ABOVE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTIONS.

Third-Party Services and Third-Party Platform Providers

The Services may provide links to or integration with third-party websites, widgets, software, services, or other utilities (collectively, “Third-Party Services”). Such Third-Party Services are provided as a convenience to you, and their inclusion does not imply endorsement by or affiliation with CinemaPlus. Your use of Third-Party Services is at your own risk, and your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies made available by those Third-Party Services. CinemaPlus is not responsible for any confidential or personal information you provide directly to any Third-Party Service, or for any loss or damage incurred as a result of your dealings with such Third-Party Services.

The Services may incorporate Google Maps or other navigation aids to provide location-based features. CinemaPlus disclaims responsibility for any inaccuracies, errors, or issues arising from your use of such Third-Party Services, including any misdirection, incorrect information, or resulting damages or injuries, except to the extent caused by CinemaPlus’ own negligence in implementing such integration.

Your use of Third-Party Services via the Services is at your own risk. To the maximum extent permitted by applicable law, CinemaPlus and any applicable Operator are not liable for any indirect, incidental, special, consequential, or exemplary damages arising from your use of such Third-Party Services.

If you access or download the Services via Apple, Inc., Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc., or any other third-party app store or platform (each, a “Third-Party Platform Provider”), such Third-Party Platform Providers are third-party beneficiaries of these Terms. However, these Third-Party Platform Providers are not party to these Terms and have no obligation to provide maintenance or support of the Services. Your access to the Services through a Third-Party Platform Provider’s app store or platform is subject to such Third-Party Platform Provider’s then-applicable terms. You should review all terms and policies that apply to any such third-party service.

Indemnification

You agree to indemnify, defend, and hold harmless each CinemaPlus Party from and against any third-party claims, demands, proceedings, or actions (each, a “Claim”), and any related damages, losses, costs, or expenses (including reasonable legal fees), arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Services; (c) any User Materials you submit; (d) your violation of applicable law; or (e) your violation of any third-party rights, including intellectual property rights. If you are obligated to indemnify any CinemaPlus Party, CinemaPlus may, at its option, assume control of the defense of any such Claim at its own expense, and you agree to reasonably cooperate with CinemaPlus in such defense. You will not settle any Claim that imposes obligations on or admits liability on behalf of any CinemaPlus Party without CinemaPlus’ prior written consent. This indemnification obligation survives any expiration or termination of these Terms.

Termination

CinemaPlus may, upon reasonable notice when practicable (except where immediate action is required to protect the security or integrity of the Services or to comply with applicable law), suspend or terminate your access to the Services, terminate your account, or remove content transmitted by you or stored via the Services, for: (a) concurrent access with identical user credentials; (b) permitting another person to use your credentials to access the Services; (c) unauthorized access or use of the Services; (d) material violation of these Terms; (e) tampering with or alteration of the Services or data files; or (f) abusive, deceptive, or fraudulent behavior. You may terminate your account at any time through the Services. Except to the extent prohibited by applicable law, CinemaPlus is not liable to you or any third party for claims or damages arising out of any termination or suspension of your access to the Services or your account that is undertaken in accordance with these Terms. Upon termination, suspension, or cancellation, all rights granted to you in these Terms will automatically terminate, without affecting any right or relief to which CinemaPlus may be entitled.

Notice to California Users

For users located in California, pursuant to California Civil Code Section 1789.3, the following consumer rights notice applies: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Applicable Law; Jurisdiction

These Terms and your relationship with CinemaPlus will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles that would require or permit the application of the law of another jurisdiction. Subject to the arbitration provisions set forth below, any action or claim arising out of or relating to use of the Site or the Services will be brought exclusively in the federal or state courts located in Clark County, Nevada, and you irrevocably consent to the personal jurisdiction of such courts and waive any objection to such venue based on forum non conveniens, lack of personal jurisdiction, or any other grounds.

Dispute Resolution; Arbitration; Class Action, Mass Action, and Jury Trial Waiver

To the fullest extent permitted by applicable law, you and CinemaPlus agree that any dispute, claim, or controversy arising out of or relating to the Site, the Services, these Terms, or the Privacy Policy (including any dispute regarding the existence, scope, interpretation, applicability, enforceability, validity, or formation of this arbitration agreement or any portion thereof), will be resolved as provided in this Section. This Section survives termination of these Terms and your relationship with CinemaPlus.

Before initiating arbitration or litigation (except for claims brought in small claims court or claims seeking emergency equitable relief as permitted by these Terms), the party asserting the dispute must first send the other party a written notice of dispute describing in reasonable detail the nature and basis of the claim, the relevant facts, the specific relief sought, and the legal theories supporting the claim. The parties will then attempt in good faith to resolve the dispute informally for a period of sixty (60) days from the date the notice of dispute is received by the other party (the “Informal Resolution Period”). A notice of dispute to CinemaPlus must be sent to the contact information provided in the “Contact Us” section of these Terms. A notice of dispute to you will be sent to the contact information associated with your account or otherwise provided by you.

If the dispute is not resolved through the informal process within the Informal Resolution Period, then, except as otherwise expressly provided in these Terms or to the extent prohibited by applicable law, the dispute will be resolved exclusively by final and binding arbitration administered by JAMS before a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is commenced (the “JAMS Rules”), except as modified by these Terms. If JAMS is unable or unwilling to administer the arbitration, the parties will mutually agree on an alternative arbitration provider; if the parties cannot agree, a court of competent jurisdiction will appoint an arbitration provider. The arbitration will be seated in Clark County, Nevada; provided, however, that either party may elect to appear remotely, and the arbitrator may require or permit hearings, conferences, or appearances to proceed by video conference, telephone, written submissions, or other remote means. Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies and remains on an individual, non-representative basis.

The arbitrator, and not any court or agency, will have exclusive authority to resolve any dispute relating to the existence, scope, interpretation, applicability, enforceability, validity, or formation of this arbitration agreement or any portion thereof, including any claim that all or any part of this arbitration agreement is void or voidable, except that a court of competent jurisdiction (and not the arbitrator) will decide: (i) any dispute regarding the enforceability, applicability, or scope of the waiver of class, collective, consolidated, mass, private attorney general, or representative proceedings set forth below; and (ii) any dispute regarding requests for public injunctive relief to the extent applicable law requires such determination by a court. The arbitrator may award any relief available in court that is authorized by law or these Terms. To the extent consistent with the streamlined nature of arbitration, pre-hearing exchange of information will be limited to the reasonable and expeditious production of relevant, non-privileged information. Unless the arbitrator determines otherwise based on the applicable substantive law governing the dispute, or applicable law requires otherwise, each party will bear its own attorneys’ fees and costs. The parties will share the arbitrator’s fees and administrative costs of arbitration equally; provided, however, that if applicable law requires CinemaPlus to pay a greater portion of such fees and costs in order for this arbitration agreement to be enforceable, CinemaPlus will pay such portion as required by law.

YOU AND CINEMAPLUS UNDERSTAND THAT, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, EACH PARTY IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, disputes will be resolved by a neutral arbitrator, whose decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

To the fullest extent permitted by applicable law, you and CinemaPlus agree that any dispute must be brought solely in your individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or participant in any purported class, collective, consolidated, coordinated, mass, or representative action or proceeding. The arbitrator may not consolidate the claims of multiple persons and may not preside over any class, collective, consolidated, coordinated, mass, or representative arbitration or proceeding, except to the extent required by applicable law. To the fullest extent permitted by applicable law, any dispute concerning the enforceability, applicability, or scope of this waiver will be decided by a court of competent jurisdiction and not by an arbitrator.

To the fullest extent permitted by applicable law, if twenty-five (25) or more arbitration demands are filed against CinemaPlus or by CinemaPlus that assert similar claims, arise from the same or substantially similar facts or legal theories, and are filed by or with the assistance of the same law firm, group of law firms, or organization, the parties agree that JAMS will administer those demands in coordinated batches using staged proceedings, bellwether proceedings, or other efficient procedures designed to resolve common issues first and reduce duplicative burden, fees, and expense. Each claimant’s demand will remain individual, and each batch will proceed on a non-class, non-collective, non-mass, and non-representative basis. Nothing in this paragraph authorizes class, collective, consolidated, coordinated, mass, or representative arbitration. If any portion of this batch-arbitration provision is found unenforceable as to any particular claim or claimant, it will be severed as to that claim or claimant, and the remainder of this Section will remain in full force and effect.

To the fullest extent permitted by applicable law, any claim subject to this Section must be commenced within the applicable statute of limitations or one (1) year after the claim arose, whichever period is longer. For purposes of the foregoing, a claim arises when the facts giving rise to it are discovered or reasonably should have been discovered. Any claim not timely commenced is permanently barred.

Nothing in these Terms prevents either party from seeking temporary, preliminary, or other equitable relief in a court of competent jurisdiction, including temporary restraining orders or preliminary injunctions, to protect intellectual property rights, confidential information, or other proprietary rights, pending final resolution of the dispute through arbitration where applicable. In addition, disputes relating to the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade names, logos, trade secrets, patents, or other intellectual property rights or proprietary rights may be brought directly in a court of competent jurisdiction without first completing the informal dispute process or arbitration, to the extent permitted by applicable law. To the extent applicable law prohibits arbitration or waiver of a request for public injunctive relief, any such request must be resolved by a court of competent jurisdiction, and any remaining claims will be resolved under this Section to the fullest extent permitted by applicable law.

Any claim that is not subject to arbitration, that may properly be brought in small claims court, or as to which a court determines arbitration cannot be required will be brought exclusively in the state or federal courts located in Las Vegas, Nevada, and each party irrevocably submits to the personal jurisdiction and venue of those courts for that purpose. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ALSO WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING PERMITTED TO BE BROUGHT IN COURT UNDER THESE TERMS.

If any portion of this Section is found invalid or unenforceable, that portion will be severed, and the remainder will remain in full force and effect, except that if the waiver of class, collective, consolidated, coordinated, mass, private attorney general, or representative proceedings is found unenforceable as to a particular claim or request for relief, then that claim or request for relief will proceed in a court of competent jurisdiction and not in arbitration, to the extent required by applicable law.

Access Outside the United States

If you are visiting the Site or using the Services from a location outside the United States, be advised that your information may be transferred from your location to and through servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.

By using the Services or providing us with information, you acknowledge that your information may be transferred to, processed in, and stored in the United States and other countries as described in the Privacy Policy and subject to applicable law.

Uncontrollable Events

We shall not be liable for any interruption, delay, failure, degradation, malfunction, or unavailability of the Services when such events result from causes beyond our reasonable control, whether foreseeable or unforeseeable, including any error or other failure of any Third-Party Service, any law or act of any governmental authority, war, riot, terrorism, insurrection or other hostilities, embargo, fuel or energy shortage, equipment breakdowns, power failure, pandemic, epidemic, fire, mass casualty event, flood, earthquake, act of God, strikes, lockouts, labor shortages, failure of a third party to satisfy its contractual obligations, or any other similar cause.

Survival

The provisions of these Terms that by their nature should survive termination will survive, including disclaimers, limitations of liability, indemnification, intellectual property rights, dispute resolution, and confidentiality obligations.

General

You agree and understand that these Terms, together with the Privacy Policy and any Operator Terms that have been validly adopted and presented in connection with the applicable Operator Site or transaction, constitute the entire agreement between CinemaPlus and you regarding your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event of any conflict among these Terms, the Privacy Policy, and any validly adopted Operator Terms, the order of precedence set forth in the “About These Terms” section controls. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and CinemaPlus as a result of these Terms or your access to and use of the Services. You further agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party as we deem necessary, appropriate, or otherwise desirable, including but not limited to any corporate reorganization, merger, sale of assets, or other business transaction. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. You may not assign your rights or obligations under these Terms without our prior written consent.