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Terms of Use

Terms of Use

Effective Date: August 31, 2009

The following terms, conditions and provisions (the "Terms of Use") govern the relationship between you and Cineplex Entertainment LP and its subsidiaries, affiliates and/or related entities ("Cineplex" or "we" or "our"). Cineplex operates theatres under the following brands: Cineplex Odeon, Famous Players, Galaxy, SilverCity, StarCité, Colossus, Coliseum, Colisée, Scotiabank Theatre and Cinema City. Your online dealings with Cineplex, and these branded entities are governed by these Terms of Use.

The Cineplex Website (the "Website")

By using any part of this Website, including the Cineplex Store or registration and use of the "mycineplex" pages, you agree to comply with and be legally bound by the Terms of Use (which include the Terms of Sale for the Cineplex Store), the Privacy Policy, the Terms of Membership and all applicable laws. If the Terms of Use, Terms of Sale, Privacy Policy or Terms of Membership are not acceptable to you, you must not use this Website.

We may update the Terms of Use, Privacy Policy and/or Terms of Membership from time to time. Accordingly, it is your responsibility to ensure that you review and are aware of the version of the Terms of Use, Privacy Policy and/or Terms of Membership which is in effect with respect to the Website. The effective date of the Terms of Use, Privacy Policy and Terms of Membership is specified at the top of each of these documents. Your use of the Website constitutes your express acceptance of, and agreement to be bound by, the Terms of Use, Privacy Policy and Terms of Membership, as such may be updated from time to time.

Privacy 

The Privacy Policy governing this Website may be found at http://www.cineplex.com/Global/PrivacyPolicy.aspx. The terms, conditions and provisions of the Privacy Policy are incorporated in, and form a part of, these Terms of Use. Your use of the Website shall be deemed to constitute your understanding and approval of, and agreement to be bound by, the Privacy Policy. Your use of the Website means that you consider the Terms of Use to be reasonable. By using the Website, you consent to the collection, use and disclosure of your personal information by Cineplex and/or third parties in accordance with the Privacy Policy and for the purposes set forth therein or as otherwise required by law.

mycineplex

By registering for membership in MyCineplex you agree to be bound by the Terms of Membership http://www.Cineplex.com/Global/TermsofMembership.aspx as well as by the Terms of Use and the Privacy Policy. The Terms of Use do not replace the Terms of Membership or the Privacy Policy, but are in addition to them.

Rights Granted and Restrictions on Use

This Website and all of its content (including, but not limited to, information, material, images, illustrations, artwork, video clips, audio clips, logos, trademarks, trade names, service marks, press releases, reviews, articles, blogs, posted comments, promotional materials, promotional contests and movie schedules, without limitation) are owned, copyrighted or licensed by Cineplex or others with all rights reserved unless otherwise noted. Any content of this Website that is a trademark, trade name, logo or service mark is also a registered or unregistered trademark of Cineplex or others. Your use of any content on this Website without the written permission of Cineplex is strictly prohibited, except as permitted by these Terms of Use.

Cineplex will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution.

On your computer, game console, portable game player, cellular phone, smart phone, personal digital device, cable box, digital cable box, satellite receiver, satellite transponder, satellite system, internet device, television, monitor, display or any other equipment, hardware, media or software whatsoever providing you with access to the internet and to the Website, you may display, download and print the contents of this Website for non-commercial purposes which are personal or educational, provided that you attribute ownership of all such content to Cineplex and provided that you do not contest Cineplex?s ownership of or rights towards all such content. All content on this Website is copyrighted and owned by Cineplex or a third party, as indicated. The content on this Website may not, without the express written permission of Cineplex, be saved, shared, broadcast, disseminated, copied, modified, published, transferred, transmitted, reposted, reproduced, reused, displayed, sold, linked to another website or used for public or commercial purposes, unless permitted by these Terms of Use and/or the Terms of Membership. Requests for such permission should be directed to: customerservice@cineplex.com. Cineplex reserves the right to accept or deny any such request for permission as it deems necessary or advisable in its sole, unfettered and subjective discretion.

Disclaimer

ALTHOUGH THE CONTENT ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, SUCH CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR ERRORS, AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER CINEPLEX NOR ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATION WHATSOEVER AND DISCLAIM ALL STATUTORY, EXPRESS OR IMPLIED WARRANTY, COVENANT AND/OR CONDITION OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, TERMS, COVENANTS OR CONDITIONS REGARDING ACCURACY, FUNCTIONALITY, UNINTERRUPTED SERVICE, COMPATABILITY, SOFTWARE COMPATABILITY, FREEDOM FROM COMPUTER VIRUS, MALWARE OR ADWARE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, RESULTS OBTAINED FROM USE OF THIS WEBSITE, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE ARISING BY LAW, EQUITY, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.

INTERNET SERVICES, LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES, DOWN-TIME, ACTS OF GOD AND OTHER OCCURRENCES BEYOND THE CONTROL OF CINEPLEX. CINEPLEX SHALL USE ITS REASONABLE EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DOES NOT REPRESENT, WARRANT OR COVENANT THAT IT SHALL MAINTAIN SUCH CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. CINEPLEX SHALL NOT BE LIABLE, OBLIGATED OR OTHERWISE RESPONSIBLE IF IT IS UNABLE OR UNWILLING TO MAINTAIN A CONTINUOUS AND UININTERRUPTED LINK TO THE INTERNET.

No Damages

YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND LIABILITY. CINEPLEX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, COLLATERAL OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THE CONTENT ON THIS WEBSITE, OR THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FROM THE USE OF, OR INABILITY TO USE, ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF CINEPLEX OR ANY OF ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE PRECEDING LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW OR EQUITY, IN ALL ACTIONS OF ANY KIND WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY PART OF THESE TERMS OF USE DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Advertising and Links

Cineplex accepts advertising from various organizations. Cineplex does not endorse or recommend, for purchase or use, any product or service advertised on this Website; nor does Cineplex make any representation, warranty or covenant whatsoever with respect to any product or service advertised on this Website.

As a convenience to you and other visitors to this Website, this Website contains links to a number of third party websites or third party webpages. These third party websites and webpages are not owned or controlled by Cineplex. Should you decide to navigate to any website or webpage external to the Website, you do so entirely at your own risk. The content on third party websites or webpages, as well as any external links on this Website, is not investigated, assured, guaranteed, verified, monitored, recommended or endorsed by Cineplex. Cineplex provides these links merely as a convenience to you and other visitors to this Website, and the inclusion of such links does not imply that we endorse or recommend websites or webpages. We specifically disclaim, any liability, obligation or responsibility whatsoever for the content or use of such third party websites or webpages.

Online Ticket Purchases

You can now buy tickets at home by using our online ticket purchasing service.  Online ticket purchases may be made by credit card, by redeeming SCENE points or by a combination of both. For information on how to become a member of the SCENE loyalty program, please visit www.scene.ca. Credit card processing services are provided by third-parties which have their own privacy policy and terms of use.  Information you provide to any such third-party credit card service provider is not shared with Cineplex unless necessary for processing and completing your purchase transaction or unless you specifically ask to be added to our MyCineplex newsletter.

Cineplex Store: Terms of Sale

The following terms and/or conditions (the 'Terms of Sale') govern the manner in which you purchase products from the Cineplex Store.  Additional useful information regarding the Cineplex Store is available at the Frequently Asked Questions (FAQ) section of the Cineplex Store.

Use of the Cineplex Store is deemed to be your consent to the Terms of Use (of which these Terms of Sale form a part).

Cineplex offers various products for sale on the Website (the 'Product(s)').

Sale of Products:  All sales are final.  For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/content/faq.jsp 

End User:  The Products are offered for sale to non-commercial end customers only.

Additional Terms:  In addition to these Terms of Sale, your purchase of any Product, or your participation in any promotion or discount, may be subject to any terms and/or conditions which are specified on the Website at the time you place an order to purchase a Product or participate in any promotion or discount.

Payment Methods:  Products may be purchased:

   - by redeeming SCENE points;

   - by using a Cineplex Gift Card; or

   - by using a credit card;

   - by a combination of these methods.

For credit card purchases, before processing any order, Cineplex obtains pre-approval, from the financial institution which issued the user?s credit card, for the cost of the Product together with all applicable taxes and shipping charges.  Your credit card will be charged only after we e-mail you that your order has been processed and shipped.

For purchases involving the redemption of SCENE points, all points will be deducted from your SCENE account immediately on receipt of your order.  SCENE points will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered.  For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/content/faq.jsp. If, for any reason, we are unable to complete your order, we will credit your SCENE account with the applicable SCENE points.

 For purchases involving the use of a Cineplex Gift Card, the value being applied to your purchase will be deducted from your gift card immediately on receipt of your order.  The Cineplex Gift Card value being applied to your purchase will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered.  For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/content/faq.jsp .  If, for any reason, we are unable to complete your order, we will issue you a Cineplex Store credit.

For purchases involving the use of a credit card and/or the redemption of SCENE points and/or the use of a Cineplex Gift Card your payment is processed in the following manner (as applicable):

All SCENE points will be deducted from your SCENE account immediately on receipt of your order.  SCENE points wil limmediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered.  For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/content/faq.jsp .  If, for any reason, we are unable to complete your order, we will credit your SCENE account with the applicable SCENE points; and/or

Upon receipt of your order, the Cineplex Gift Card value being applied to your purchase will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered.  For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/content/faq.jsp . If, for any reason, we are unable to complete your order, we will issue you a Cineplex Store credit.

Before processing any order that requires the use of a credit card, Cineplex obtains pre-approval, from the financial institution which issued the user?s credit card, for the cost of the Product together with all applicable taxes and shipping charges.  Your credit card will be charged only after we e-mail you that your order has been processed and shipped.

Formation of Contract / Order and Shipping Confirmation:  We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion.  Should there be an error in the price of the Product, we will notify you, and you may either choose not to purchase the Product, or purchase the Product at the correct price.

We will e-mail you once your order has been received; this e-mail is only our confirmation that our servers have received your order.  Your order is deemed to be an offer to purchase the Product.  Your order is deemed to be accepted only if we send you an e-mail confirming that your order has been processed and shipped (by Canada Post), and our said e-mail constitutes our acceptance of your offer.  Until you receive an e-mail from us confirming that your order has been processed and shipped, no legally binding or enforceable contract exists between you and Cineplex.

We ship Products by Canada Post.  In Stock Products are normally shipped within one (1) business day and are normally delivered within three (3) to five (5) business days.  We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed, shipped or delivered.  Out of stock Products will be shipped once a Product is in stock.  We only deliver Products to addresses in Canada.  Products cannot be picked up in person.

Replacement of Defective Product:  Subject to stock availability, we will replace any defective Product which is returned to us, in its original packaging, within ten  (10) calendar days of the date on which the Product was delivered to you.  Should we be out of stock with respect to a defective Product, we will ship a replacement Product to you once the Product is once again in stock.  Should the originally defective Product no longer be available, we shall permit you to choose either an alternate Product of equal value or receive a full refund of the money you paid.  Please note that we will only replace Product which was manufactured defectively.

Limitation of Quantities:  We reserve the right to limit quantities of the Products which are available for sale or which each customer may buy.

Accuracy of Information:  In order to complete your order, we rely on the information which you provide to us.  By placing an order you represent, warrant and covenant that the information provided to us is complete, true, accurate and up-to-date.  You are responsible for any costs which you or we incur as a result of incomplete, untrue, inaccurate or out-of-date information which you provide to us.

Violations of Terms of Use

If you breach any of the Terms of Use and/or the Terms of Membership, you may no longer use this Website. Cineplex may, in its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of such cancellation or termination, you are no longer authorized to access this Website or that part of this Website affected by such cancellation or termination. In such event, the restrictions imposed upon you by these Terms of Use and/or the Terms of Membership shall still apply. Cineplex shall not be liable, obligated or otherwise responsible to any party for damages arising from such a cancellation or termination. Cineplex reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use and/or the Terms of Membership.

Other Countries

This Website may be accessed from countries around the world, other than Canada, and may contain references to Cineplex products, services, and programs that have not been announced and are not available in your country. These references do not imply that Cineplex intends to announce or make available such products, services or programs in your country. Cineplex makes no representation or warranty that the content on this Website is appropriate, available for use or legal in countries, territories or lands other than Canada. Cineplex makes no representation or warranty that accessing this Website from countries, territories or lands other than Canada is not prohibited. Those who choose to access this Website from countries, territories or lands other than Canada do so entirely on their own initiative and entirely at their own risk, and they are solely responsible for the consequences of same, and for compliance with their local laws.

Laws

These Terms of Use supersede any preceding terms of use on this Website and any other agreement regarding the use of this Website, whether oral or in writing, and render null and void any preceding terms of use on this Website or any other agreement regarding the use of this Website.

This Website (excluding linked sites) is owned and/or controlled by Cineplex from its offices in the Province of Ontario, Canada. By accessing this Website, you and Cineplex agree that all matters relating to your access to, and use of, this Website shall be governed by the statutes, regulations and laws of the Province of Ontario and of Canada, as such laws respectively apply. You and Cineplex agree and hereby submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario and of Canada, at the City of Toronto, with respect to any and all matters arising in connection with these Terms of Use or in consequence of your use of the Website.

If any provision the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not effect the validity or enforceability of any remaining provision of these Terms of Use.

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS OF USE, THE PRIVACY POLICY AND THE TERMS OF MEMBERSHIP, AND THAT YOU UNDERSTAND THE NATURE AND CONSEQUENCES OF SAME, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN.