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CMX

CINEMEX TERMS OF USE AGREEMENT

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW). BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES, WHICH YOU SHOULD READ CAREFULLY. This Agreement sets forth the terms of use for the website operated by Cinemex Holdings USA, Inc. (“Cinemex,” “we,” “our” or “us”) at https://cmxcinemas.com (the “Site”) and for Cinemex’s mobile applications (“CMX Apps”) and services (the Site, CMX Apps and such services are collectively referred to in this Agreement as the “Services”). Cinemex reserves the right to change, modify, add, or remove portions of this Agreement, or any other policies and guidelines applicable to use of the Services, at any time. Such revisions will be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting or push notification through the Services or by email. We will indicate the date of the last revision of this Agreement at the bottom of this Agreement. Your continued access to or use of any of the Services after such notice will be deemed to constitute acceptance of such revisions. Accordingly, you should review this Agreement whenever you use the Services to see if this Agreement has been revised.

Privacy Policy

Cinemex's Privacy Policy is a part of this Agreement and is incorporated herein by this reference. You understand and agree that by using the Services, we may collect personal information about you. You consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

Click here to view our Privacy Policy.

Scope of Use

Cinemex invites you to view and use the Services solely for your informational, personal, non-commercial use. No part of the Services, including without limitation any content, materials, information, software, products or services included in or available through the Services (collectively, “Content”) may be copied, downloaded, scraped. or stored in a retrieval system, nor may the same be distributed, transmitted, republished, framed, displayed, transferred or sold by you for any purpose, without the express written permission of Cinemex. You agree to comply with all laws, rules and regulations applicable to your use of the Services. You may not access or use the Services by means of any automated program, expert system, electronic agent or "bot," and you may not give any person or entity access to the Services.

Children

The Services are not intended for or specifically targeted to children under the age of 13 years of age. By accessing or using the Services, you represent that you are at least 13 years of age. If you are 13 years of age or older but not of legal age to enter into agreements, you must obtain parental consent before using the Services.

Intellectual Property Rights

All Content available on or through the Services is: © Cinemex Holdings, USA, Inc. and/or its suppliers. All rights reserved. All Content is protected by U.S. copyright laws and international treaties, and is the copyrighted property of Cinemex or its affiliates or third-party licensors.

Cinemex and other Cinemex service marks are trademarks and registered trademarks of Cinemex Holdings, USA, Inc. The names of actual companies, services and products mentioned herein may be the trademarks of their respective owners and no rights to any such trademarks are granted under this Agreement. All rights to CINEMEX® and all other trademarks, service marks, logos and other commercial symbols used in connection with Cinemex’s or its affiliates’ businesses (“Cinemex Marks”) are reserved to Cinemex. This Agreement does not authorize you to use any Cinemex Mark, and you agree not to use any Cinemex Mark, in any manner without the prior written consent of Cinemex, which consent may be withheld in the sole discretion of Cinemex.

Unauthorized use of any of Cinemex’s intellectual property, including Cinemex’s copyrighted material or any Cinemex Mark, may be a violation of federal and state copyright, trademark and other laws. Except as expressly provided above in “Scope of Use”, Cinemex does not license or grant you any rights to any of Cinemex’s intellectual property, whether by estoppel, implication or otherwise.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Digital Millennium Copyright Act (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to:

In accordance with the DMCA, we will review your request and take appropriate action, as we determine our sole discretion. Appropriate action may include, but will not be limited to, editing or removing the allegedly infringing materials, and the termination of the accounts of users who infringe upon the intellectual property rights of others.

Links to Third Party Websites and Apps

The Services may produce automated search results or otherwise link you to third party websites or mobile device applications (“apps”) . These other websites and apps are not under the control of Cinemex, and you acknowledge and agree that Cinemex is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites or apps. The inclusion of such a link does not imply endorsement of any website or app by Cinemex or any association with its operators, and Cinemex disclaims all liability with respect to such linked websites or apps, including but not limited to your access to and/or use of the same.

Purchases

You agree that all purchases made by you through the Services are subject to the terms applicable to those purchases, such as the purchase of movie tickets.

User Content

You understand that any and all information, data, or other materials that are posted on or transmitted in connection with the Services by you or another user, including through external social networks and similar third party websites, such as Facebook and Twitter ("User Content"), are the sole responsibility of the person from whom such User Content originated. This means that you, and not Cinemex, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Services. Cinemex does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. The opinions expressed as a part of User Content are solely those of the user posting the message and do not reflect in any way Cinemex’s opinions. Cinemex does not verify, endorse, approve, support, encourage or agree with the posted User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Cinemex be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content.

You represent that your User Content does not infringe, misappropriate or violate a third party’s intellectual property or proprietary rights (including but not limited to, copyright, trademark, trade secret or other proprietary rights), violate the privacy or publicity rights of a third party or contain defamatory, harmful, obscene, discriminatory, abusive, explicit or otherwise unlawful or objectionable materials. You represent that your User Content is not confidential.

Cinemex does not claim ownership of User Content. By posting any User Content to a public area of the Services, you automatically grant Cinemex a worldwide, non-exclusive, perpetual and irrevocable, transferable, sublicensable, royalty-free and fully paid-up right and license to use, copy, create derivate works from, distribute, publicly perform and publicly display your User Content, in whole or in part, via the Services or otherwise, for any purpose. You also represent that you have the right and authority to grant such a license. Cinemex reserves the right to remove any and all of your User Content from the Services for any reason in its sole discretion.

Registration and Passwords

The Services may permit or require you to register for a user account and/or obtain a password prior to permitting access to certain products or services available through the Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information and password (whether such use is by you or others who obtain access from you to your registration information and/or password), including for any purchases made from your user account. You acknowledge and agree that you are not permitted to provide your registration information or password to any other person.

Disclaimer of Warranties

THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SERVICES, AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CINEMEX AND ITS AFFILIATES AND THIRD PARTY LICENSORS DO NOT WARRANT THAT THE SERVICES OR MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANYTHING INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE AVAILABLE OR APPROPRIATE FOR USE IN YOUR PARTICULAR JURISDICTION. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CINEMEX OR ITS AFFILIATES OR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICES . THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF CINEMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CINEMEX'S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, EXCEED $5.00. THE FOREGOING LIMITIATIONS WILL APPLY EVEN IF THE ABOVE PROVISION FAILS OF ITS ESSENTIAL PURPOSE

Indemnification

You agree to defend, indemnify and hold harmless Cinemex, its affiliates and third party licensors, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to (a) any User Content you submit, post, transmit or make available through the Services, (b) your violation of this Agreement, or (c) your violation of any third party rights, including any unauthorized use of the trademarks or other intellectual, industrial and/or copyright rights of third parties.

Additional Terms of Use

This Agreement will also include any additional terms of use applicable to other aspect of the Services you visit or use. You will be able to access and review such additional terms of use where applicable to the relevant Services. If there is a conflict between the terms in this Agreement and such additional terms of use, the additional terms of use will control.

Applicable Law

This Agreement will be governed by the laws of the [State of Delaware] without regard to the conflicts of laws rules of any jurisdiction.

Arbitration

You agree that any claim, dispute or controversy arising out of or related to this Agreement or the Services, including for products or services offered or sold through the Services (whether in tort, contract, statutory or otherwise) (each, a "Claim") must be submitted to binding arbitration ("Arbitration"), rather than in court, before a one-member panel of the American Arbitration Association ("AAA") pursuant to the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ("AAA Rules") (to the extent the AAA Rules are consistent with this Agreement). The arbitrator will be reasonably acceptable to both parties. If you and we cannot reasonably agree to an arbitrator, the AAA will unilaterally appoint the arbitrator. The arbitrator may conduct the Arbitration by telephone, online, by written submissions, or any combination of the foregoing, as determined by the arbitrator. The arbitration will be conducted under the Federal Arbitration Act ("FAA") and will be governed by [Delaware law], regardless of choice of law principles. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may award any form of individual relief, including injunctions, to the extent consistent with this Agreement. You and we agree to keep confidential all awards in such arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

Any Claim that is not subject to the foregoing arbitration provisions will proceed in the state and federal courts of [Delaware]. You hereby submit to personal jurisdiction and venue in [Delaware]. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of [Delaware]. Unless otherwise prohibited by applicable law, any Claim must be brought no later than one year after the date on which the Claim arose or accrued.

REGARDLESS OF WHETHER A CLAIM PROCEEDS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLAIM AGAINST EACH OTHER THAT IS PART OF A REPRESENTATIVE OR CLASS ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO A JURY TRIAL.

Equitable Relief

Notwithstanding the foregoing requirement to submit Claims to arbitration, you acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Cinemex will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Cinemex seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.

Entire Agreement

This Agreement, together with the Privacy Policy, comprise the entire agreement between you and Cinemex relating to the Services, and supersede any prior representations, discussions, undertakings, communications or advertising relating to the Services.

Severability

If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Waiver

Any waiver by Cinemex of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by Cinemex to insist upon strict adherence to any term of this Agreement on one or more occasions will not be considered a waiver or deprive Cinemex of the right to insist upon strict adherence to that term or any other term of this Agreement.

Termination

Cinemex reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.

Miscellaneous

You may not assign or transfer any of your obligations or rights under this Agreement to any person without Cinemex’s prior written consent. You understand and agree that Cinemex may suspend or terminate your access to and use of the Services at any time and for any reason, including by blocking your IP address and disabling and terminating any user account that you may have created. In addition, Cinemex may terminate this Agreement at any time and for any reason, and Cinemex may notify you about such termination by any means, provided that any obligations and rights which by their nature should survive termination of this Agreement will survive and remain in effect after termination.