Terms of service

TERMS OF SERVICES FOR END USERS

Last Updated: November 10, 2025

About These Terms

CinemaPlus LLC, a Nevada limited liability company (“CinemaPlus”, “we”, “our” or “us”), owns and/or operates the website, CinemaPlus.com (the “Site”) and the CinemaPlus hosted services and applications which make available movie information, related media, ticket purchasing, loyalty benefits, and other services (collectively, and together with the Site, the “Services”) to end user consumers such as you through the Site, various applications, or otherwise. CinemaPlus reserves all rights not expressly granted herein. Theater owners, operators of theater chains, ticket syndicators, ticket aggregators, website publishers, and other third parties (each, an “Exhibitor”) also make the Services available on websites, via APIs, and/or applications other than the Site (each, an “Exhibitor Site”).

These Terms of Services for End Users (“Terms”) govern your access to and use of (a) the Site; (b) the Services; (c) each Exhibitor Site; (d) any other website, Services, or application that offers any of the Services; and (e) any related emails or other communications sent to you. To the extent an Exhibitor Site maintains its own terms of use or terms of services whether presented on the Exhibitor Site and/or during your checkout or other interaction with an Exhibitor (collectively, “Exhibitor Terms”), such Exhibitor Terms will apply to your relationship with such Exhibitor, to include the use of the Services via the Exhibitor Site, but these Terms will also govern your use of the Services and, where both apply, will prevail in the event of any conflict or inconsistency except as specifically provided below.

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

CinemaPlus reserves the right to modify these Terms at any time in its sole discretion. We will notify you of any material changes to these Terms by posting the updated Terms on the Site and/or sending you a notification. Unless otherwise stated, such changes will be effective 30 days after posting, and your continued use of the Services after such notice period will constitute acceptance of the modified Terms. Your continued use of the Services following any such modifications constitutes your binding acceptance of the modified Terms. We encourage you to check back here for any such changes from time to time.

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:

CinemaPlus LLC
Attn: Legal
PO Box 27740
Las Vegas, NV 89126
legal@CinemaPlus.com
954-569-4849

Electronic Notice

You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Acceptance of Terms

By accessing or using the Services you agree to be bound by these Terms and all applicable Exhibitor Terms. If you are using the Services on behalf of a company, you are agreeing to these Terms and all applicable Exhibitor Terms on behalf of such company, organization or entity and you represent, warrant and covenant that you have the authority to bind such company, organization or entity to these Terms, and you personally guarantee compliance with these Terms and all applicable Exhibitor Terms if such authority is found to be absent.

By using the Services, including the purchase of movie tickets, account registration, or any other feature available through our Site or our Services, you agree that you have read, understand and agree to be legally bound by these Terms and all applicable Exhibitor Terms. You may not use the Services if you do not agree with these Terms and all applicable Exhibitor Terms.

Permitted Use

Our Services are for your personal and non-commercial use only. You are expressly prohibited from using or otherwise accessing our Services for any commercial purposes whatsoever without our prior written authorization. Our Services contain material that is derived in whole or in part from material supplied and owned by CinemaPlus or other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by CinemaPlus, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page of the Site other than the home page (e.g. “deep linking”), without our prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make a derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

The Services are only for users who are at least 18 years of age and reside in the United States or (subject to availability) those outside the United States who, to the maximum extent permissible under applicable law, consent to use the Services in accordance with U.S. laws and these Terms. 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 you in limiting access to material that may be harmful to minors. Information regarding certain providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org.

By accessing or otherwise using the Services, you represent and warrant that (a) you at least 18 years of age; (b) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (c) your access to and use of the Services will comply with the United States export control and economic sanctions requirements.

Personalization and Advertising Features

The Services may be personalized and ad-supported (including targeted (or personalized) advertising). The personalized features that may be offered as part of the Services and targeted advertising enable us to provide you with a more customized product experience (including recommending relevant content) and are integral to the Services. The Services also analyze your data to improve your user experience and such continuous improvement is an integral part of the Services. By using the Services, you are requesting and directing us to provide you with personalized and ad-supported Services that process data as described in our Privacy Policy which may be found at Privacy Policy, subject to any choices and rights described therein.

Account Registration

If you chose to create an account, you will be prompted to provide registration data to CinemaPlus and the Exhibitors including a unique end user ID and password. You are solely responsible for maintaining the strict confidentiality of your account information and password and for any and all activities, charges, damages, or losses that occur through your account and password, whether or not authorized by you, and 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.

Any incomplete or inaccurate information provided by you, or if CinemaPlus has reason to suspect the information is inaccurate, will result in temporary suspension or termination of your account.

If you suspect unauthorized use of your user ID or password, you agree to immediately notify CinemaPlus. Any illegal or abusive activity under your account may result in termination of your account. CinemaPlus will not be liable for any loss or damage arising from your failure to comply with the above security measures, and you agree to indemnify and hold CinemaPlus harmless from any claims, losses, or damages arising from unauthorized use of your account or credentials.

SMS Text and Calls to you Mobile Phone

By providing us with your mobile telephone number, you expressly consent to receive calls and text messages from us and our service providers (including through automated technology) at that number for any purpose related to your account, our Services, or our marketing communications in accordance with the Telephone Consumer Protection Act (TCPA) and other applicable laws, and you acknowledge that standard carrier rates and fees will apply. When we contact you via phone or text at that number, we may do so using automated technology. If you elect to receive marketing texts at that number, you will be provided with instructions as to how to opt out of further texts of the type that you had elected to receive. You may also contact us as provided above.

By subscribing to text messages, you consent to receiving, from time to time, text messages from us, which may include movie alerts, promotions, polls, and giveaways. Message frequency varies based on user and other factors. Message and data and other rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Carriers are not liable for delayed or undelivered messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes. In providing a phone number to us, you are representing that you are the primary owner of that phone number and that the information provided to us is accurate.

Fees and Payments

Exhibitors use the Services provided by CinemaPlus to sell movie tickets. The prices that you see are not set by CinemaPlus nor do we determine show times or ticket availability. CinemaPlus 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 at our sole discretion, and we reserve the right to discontinue acceptance of any payment method at any time without prior notice. We also accept gift cards, stored value redemptions, and other promotional codes specific to the theater including gift cards from Exhibitors. Credit and debit cards must be issued in the United States. PayPal accounts, if accepted, must be established in the United States. We reserve the right to 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 provided 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. Any transaction fees, chargebacks, or payment disputes shall be your sole responsibility, and you agree to indemnify, defend, and hold CinemaPlus and its officers, directors, employees, agents, and affiliates harmless from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to payment issues, unauthorized use of payment methods, or breach of your payment-related representations and warranties. 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. This authorization shall remain in effect until you revoke it by providing written notice to CinemaPlus, provided that such revocation shall not affect charges for transactions initiated prior to our receipt of such notice.

Digital Stored-Value Terms

We may, from time to time at our discretion and in conjunction with certain Exhibitors, offer digital stored-value options as a form of refund or credit for eligible transactions made through the Services. The following terms apply to all digital stored-value transactions:

  • Issuance and Redemption: Digital stored-value credits are issued solely for use within the Services and may only be redeemed for the purchase of movie tickets and related services pursuant to these Terms. Such credits may be restricted to use with only a particular Exhibitor and are not redeemable for cash, except where required by applicable law.
  • Forwarding of Credits: We may, from time to time at our discretion, allow you to forward digital stored-value credits to another user via the Services, subject to these Terms and any applicable Exhibitor Terms. Forwarding of credits by any means other than through the Services is strictly prohibited and may result in the credits being voided.
  • Expiration and Limitations: Digital stored-value credits may be subject to expiration dates as allowed under applicable law, as disclosed at the time of issuance. Credits are non-transferable, non-sellable, and cannot be combined with any other offers or discounts unless expressly permitted by us or a particular Exhibitor.
  • Non-Refundable and Non-Exchangeable: Once issued, digital stored-value credits are final and cannot be refunded or exchanged for other forms of payment. Any unused balance will remain on the digital stored-value account until the balance is depleted or expires.
  • Eligibility and Restrictions: Only transactions made directly through the Services are eligible for digital stored-value credits. We reserve the right to refuse issuance of digital stored-value credits in cases of suspected fraud, abuse, or violation of these Terms or any applicable Exhibitor Terms.
  • Modification and Termination: CinemaPlus reserves the right to modify or terminate the digital stored-value program at any time with reasonable advance notice to users. Such changes will not affect credits already issued unless required by law.
  • Liability and Indemnification: CinemaPlus is not liable for any unauthorized use of digital stored-value credits. Users are responsible for safeguarding their account information and agree to indemnify and hold CinemaPlus harmless from any claims or damages arising from misuse of digital stored-value credits.

By accepting digital stored-value credits, you agree to these digital stored-value terms, these Terms, and all applicable Exhibitor Terms.

Refunds and Exchanges

Ticket refund and exchange eligibility, timing, and applicable fees are subject to the following conditions (a) refunds and exchanges are not allowed for certain special events, premieres, and exclusive performances as disclosed at the time of purchase; (b) refund and exchange requests made through the Services are available only for tickets purchased via the Services; (c) refund and exchange requests must be made at least sixty (60) minutes before the applicable showtime, based on the time shown in our system at the time of the request and are only available for tickets that are not ever used or transferred; (d) refunds and exchanges are in all cases subject to the applicable Exhibitor Terms which may vary by location and event; and (e) we reserve the right to deny a refund or exchange in the event you violate these Terms or any applicable Exhibitor Terms.

Please confirm the movie title, show time, location and quantity of tickets for the movie you wish to see prior to finalizing your purchase in order to prevent the need to request a refund or exchange. Refunds will return the value of the ticket purchased using Services less any applicable non-refundable fees disclosed to you in any applicable Exhibitor Terms or during checkout. CinemaPlus may offer digital stored-value refund options which, when available and supported by particular Exhibitors, may reduce the fees charged to you in the event of a refund or exchange. The availability of such options is at the sole discretion of CinemaPlus and the applicable Exhibitor. 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. Refunds must be initiated online using the Services. Refunds 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 e-mail or mobile confirmation based on the communication method you select. However, failure to receive such confirmation does not invalidate your purchase or these Terms, 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 specific to the theater you will be visiting.

Some of the Exhibitors using our Services provide you the option of having your purchased ticket delivered to your mobile device as a “Mobile Ticket.” A unique barcode, QR code or other electronic identifier will be included in each of your Mobile Tickets along with the movie details you have purchased tickets to see. If an Exhibitor provides Mobile Ticket functionality and you select to receive a Mobile Ticket, the following terms will also apply:

  • Your mobile services provider may bill you for any message and data charges that apply to receiving the Mobile Ticket on your mobile device.
  • You will receive a text message to your mobile device containing the Mobile Ticket that will include a unique barcode. This confirmation and unique barcode will also be delivered 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 transfer ticket barcodes is strictly prohibited and may result in immediate termination of your account, denial of entry, forfeiture of ticket value, and/or legal action.
  • 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.
  • We are not responsible for any lost or stolen Mobile Tickets.
  • 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 Exhibitor, may only be done via the Services pursuant to these Terms or by text message if explicitly permitted by particular Exhibitors. Forwarding a Mobile Ticket, or any electronic identifier of same, to any other device or person other than via the Services is not allowed and may render such ticket void and useable by you. No refund will be issued to you in the event of any such violation of these Terms.
  • If the issuance of any particular Mobile Ticket may violate of any of these Terms, as determined in our sole discretion, we reserve the right to void each such Mobile Ticket.

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.

Privacy Policy; Cookies

Your use of the Services and any information provided by you or gathered by CinemaPlus or third parties during any visit to our Site or use of our Services is governed by our Privacy Policy which is incorporated by this reference. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

User Conduct

You are responsible for your use of the Services and the Site, and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third-party services (e.g., social networking and other accounts that you wish to link with your account on the Site).

In the event you violate any aspect of these Terms or any applicable Exhibitor Terms, we reserve the absolute right to cancel your tickets and not issue you a refund, in our sole discretion.

You agree that you will not (and you will not induce others to) use the Services (or attempt to use the Services) for an unlawful purpose, to commit an act of deception, fraud or abuse or violation of our or any other company's terms, or to:

  • Interfere with any other user from using and enjoying the Services;
  • Collect 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, 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 or directory, without our prior written consent;
  • 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 or plan or participate in scams involving 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 a financial or other incentive you receive to make such rating or review positive or negative; or
  • Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.

Additionally, you agree that you will not (and you will not induce, assist, encourage, or enable others to) use the Services (or attempt to 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);
  • Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Does or may threaten, abuse, harass, or invade 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 e-mail (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 Exhibitor 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, public or private 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, 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 or 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, it cannot always be withdrawn. You assume all risks associated with your User Materials, including anyone's reliance on its 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 is 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. You agree to indemnify and hold CinemaPlus harmless from any claims arising from such User Materials. All User Materials must comply with these Terms. Specific additional rules or terms may apply to the submission of User Materials. In any event, any User Materials you send to us 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, or refrain from taking, in our sole and absolute discretion, any and all steps available to us at any time, whether or not we become aware of any violation of these Terms, including, but not limited to, modifying or removing any User Materials, warning users, suspending users and passwords you use to access the Services, terminating accounts, blocking access to the Services, or taking other corrective action we deem appropriate. You are solely responsible for your use of the Services, your User Materials, and any interaction you may have with other users of the Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the Services.

Grant of Limited License

CinemaPlus shall have the right to use User Materials in any manner in its sole discretion, including but not limited to publicly displaying, reformatting, incorporating into advertisements and other works, creating derivative works from, promoting, distributing, and allowing others to use such materials in connection with their own websites and media platforms (collectively, “Other Media”). As such, you hereby irrevocably grant CinemaPlus and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, fully paid up, assignable, sublicensable through multiple tiers (including to other users of the Services), transferable rights to use, including, but not limited to the right to copy, publicly perform, publicly display, reproduce, adapt, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works based on, incorporate in other works, and/or otherwise exploit, in whole or in part, all User Materials attributable to you (including your name, likeness and voice as it appears in any such User Materials) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access User Materials in connection with their use of the Services and any Other Media. To the extent permitted by applicable law, you hereby irrevocably waive, and cause to be waived, and agree not to assert any moral rights or other proprietary rights in any User Materials against us, our licensees, our representatives or other users. You agree that CinemaPlus may give you attribution for your User Materials, but we are not required to do so. You represent and warrant that you own all User Materials or otherwise have sufficient rights in the content to grant to CinemaPlus the foregoing license without infringing or violating the rights of any third party, and that neither CinemaPlus nor anyone else shall have any liability to you or any third party with respect to any use or disclosure of User Materials. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of User Materials. You hereby confirm, represent, and warrant that (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with these Terms and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services or Site. You acknowledge that we do not verify, adopt, ratify, or sanction any User Materials, and you agree that you must evaluate and bear all risks associated with our use of any User Materials attributable to you or our reliance on the accuracy, completeness, or usefulness of any such User Materials.

You acknowledge that you Upload any User Materials voluntarily, and have no expectation of privacy or confidentiality with respect to any User Materials you Upload, and that no fiduciary relationship exists between us and you or any other party based on such User Materials. Although we may offer you the ability to Upload User Materials anonymously, we may store your account information. We make no guarantees to remove such User Materials from the Services or other sites, and we may retain all such User Materials in our backup files, 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 must 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 U.S. 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 sole and absolute 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 http://www.loc.gov/copyright 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. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these Terms.

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 will 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. You assign to us all rights worldwide in the work you create for the duration of copyright in the content you create using our content, in all formats and media known or unknown to date, including for use on third-party sites and platforms. If such assignment is invalid, your license to create derivative works using our content is null and void. 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. CINEMAPLUS, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “CINEMAPLUS PARTIES”) DISCLAIM 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, NONE OF THE CINEMAPLUS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER 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, WITHOUT LIMITATION, 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, OR 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. WITHOUT LIMITING THE FOREGOING, 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 MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, OR (B) $10. CINEMAPLUS SHALL NOT BE RESPONSIBLE FOR, OR HAVE ANY LIABILITY 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 CINEMAPLUS'S SERVICES OR SITE. YOU WILL LOOK SOLELY TO THE OPERATORS AND PROVIDERS OF SUCH THEATERS, LOCATIONS, SERVICES AND PRODUCTS WITH RESPECT TO ANY SUCH LIABILITY (IF ANY).

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE CINEMAPLUS PARTIES OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

Application of Disclaimers, Exclusions, and Limits

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE LIABILITY OF THE CINEMAPLUS PARTIES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU TO THE EXTENT NOT PERMITTED BY AN APPLICABLE JURISDICTION.

Third-Party Services and Third-Party Platform Providers

The Services may provide links to third-party websites, widgets, software, services or other utilities (collectively, “Third-Party Services”). Such Third-Party Services are provided solely as a convenience to you, and we expressly disclaim any and all responsibility and liability for any such Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any Service does not imply an endorsement by or affiliation with us. Your use of Third-Party Services is at your own risk. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third-Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third-Party Services in any way connected with your use of the Services.

The Services may incorporate Google Maps and/or other similar navigation aids to provide location-based services and features. While we offer such Third-Party Services, we expressly disclaim all warranties, responsibility and liability for any inaccuracies, errors, or issues that may arise from your use of any such Third-Party Services, including, but not limited to, any misdirection, incorrect information, or any resulting damages or injuries.

Your use of any Third-Party Services via the Services or otherwise is at your own risk, and, to the maximum extent permitted by applicable law, CinemaPlus and any applicable Exhibitor shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from your use of any such Third-Party Services.

If you access or download the Services via an 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, shall be third-party beneficiaries to these Terms. However, these Third-Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/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 and consider all terms and policies that apply to any such third-party service.

Indemnification

You will promptly indemnify, defend, and hold harmless the CinemaPlus Parties (at our sole option and direction), from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any controversies, claims, counterclaims, demands, proceedings, actions, or any other dispute (each, a “Claim”) brought against any of the CinemaPlus Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the CinemaPlus Parties, CinemaPlus shall have the right, but not the obligation, to assume control of the defense and disposition (including its possible settlement) of any such Claim at your sole cost and expense, including the right to select counsel of its choosing. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the prior written consent of CinemaPlus.

Termination

In its sole and absolute discretion, with or without notice to you and without any liability whatsoever, CinemaPlus may, in its sole discretion and upon reasonable notice when practicable, change, suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services, including, but not limited to: (a) concurrent access of the Services with identical user identification; (b) permitting another person or entity to use your user identification to access the Services; (c) any unauthorized access or use of the Services; (d) any violation of these Terms; (e) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (f) failure to use the Services on a regular basis; or (g) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason through means made accessible through our Site and/or the Services. CinemaPlus shall not be liable to you or any third party for any claims or damages arising out of any change, termination or suspension of the Services. Changes, termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which CinemaPlus may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to CinemaPlus. Upon termination, suspension or cancellation, all rights granted to you in these Terms will automatically terminate and immediately revert to CinemaPlus. Following such Termination, suspension or cancellation, these Terms shall remain in full force and effect with respect to your past and future use of the Services, including all rights granted by you to us. We make no representations or warranties about the quality, accuracy, or availability of the Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or content-viewing windows.

Notice for 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, by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.

Applicable Law; Jurisdiction

These Terms and your relationship with CinemaPlus will be governed by the laws of the United States and the State of Nevada, without regard to its conflict of laws principles. Subject to the arbitration provisions set forth the below, any action or claim arising out of use of the Site or the Services will be brought exclusively in the federal or state courts located in Las Vegas, State of Nevada, United States, and you hereby waive any objection to such venue based on forum non conveniens or any other grounds.

Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Site, the Services, or these Terms (including, without limitation, our Privacy Policy), CinemaPlus and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and CinemaPlus do not resolve any dispute by informal negotiation within 60 days, then either party may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Las Vegas, State of Nevada. Each party must participate in the mediation in good faith and bear its own costs of mediation. If settlement is not reached within 90 days after service of a written demand for mediation (which time period may be extended only by mutual written agreement of the parties), or if either party refuses to participate in mediation, any unresolved controversy or claim shall be resolved exclusively through binding arbitration in accordance with the rules of JAMS before a single arbitrator in Las Vegas, State of Nevada. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. Both you and CinemaPlus understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator's award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor CinemaPlus will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the maximum extent permitted by applicable law, any claim or dispute under this agreement must be filed within the applicable statute of limitations or one year, whichever is longer, in an arbitration proceeding (or if arbitration is not required for that specific claim, in a court of competent jurisdiction). The one year period begins when the claim or notice of dispute first could be filed, which shall be deemed to be the date when the facts giving rise to the claim were discovered or reasonably should have been discovered. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that CinemaPlus is entitled to obtain preliminary and permanent injunctive relief, temporary restraining orders, and other equitable remedies to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, without the necessity of proving actual damages, posting any bond, or showing irreparable harm. You and CinemaPlus understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of intellectual property rights, including but not limited to copyrights, trademarks, trade names, logos, trade secrets, patents, or other proprietary rights. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Las Vegas, State of Nevada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Access Outside the United States

If you are visiting the Site or using the Services from a location outside of the United States, be advised that your information may be transferred from your location through and to 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 any information, you expressly, unambiguously, and irrevocably consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries in accordance with applicable data protection laws, acknowledging that data protection standards may differ from those in your jurisdiction. Please see our Privacy Policy for more information.

Uncontrollable Events

We shall not be liable for any interruption, delay, failure, degradation, malfunction, or unavailability of the Services, or any direct, indirect, consequential, or special damages resulting therefrom, 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 which by their nature should survive the termination of these Terms shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability, indemnification obligations, confidentiality obligations, intellectual property rights, rules regarding dispute resolution, and the general provisions in this section.

General

You agree and understand that these Terms, together with any other applicable click-through agreements you may have entered into regarding our Services, constitutes 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 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.

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