Terms of Use

 

June 18, 2013

 

BEFORE PROCEEDING, PLEASE READ THE TERMS CAREFULLY. BY USING OUR WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, ANY ADDITIONAL TERMS AND CONDITIONS, GUIDELINES, POLICIES, AND FUTURE MODIFICATIONS THEREOF. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.

 

 

Table of Contents:

  • Introduction
  • The Cineplex Website
  • Privacy
  • Modification of the Website Terms
  • Responsibility for Minors
  • Prohibited Use
  • Ownership/Proprietary Rights
  • Disclaimers/Waivers/Limitations
  • Advertising and Links
  • Registering an Account
  • Posting and Commenting Guidelines
  • Posting User Submissions via Social Networking Sites
  • Online Ticket Purchases
  • Cineplex Store Terms of Sale
  • SuperTicket Terms (not offered in Quebec)
  • Violations of Terms of Use
  • Other Countries
  • Governing Laws
  • Dispute Resolution

 

 

Introduction:

 

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") as it pertains to your online dealings with Cineplex.

 

 

 

The Cineplex Website

 

By using any part of Cineplex.com,, including the Cineplex Store, Superticket.com or any mobile websites or applications owned by Cineplex which may be accessible via Televisions, Blu-ray players, Home Theatre Systems, Mobile devices or such other technology that may become available from time to time (collectively referred to as the "Website") or establishing an account on the Website, you agree to comply with, and be legally bound by, these Terms of Use (which include the Terms of Sale for the Cineplex Store and the SuperTicket Terms), the Privacy Policy (collectively referred to as the "Website Terms"), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Website or the merchandise purchased therefrom. If the Website Terms are not acceptable to you, you must not use this Website.

 

"Use" of the Website shall include, but is not limited to browsing the Website and the Content, as hereinafter defined, registering for an account or your devices, posting comments on the Website, requesting electronic newsletters, purchasing tickets electronically, purchasing and using the SuperTicket and purchases made through the Cineplex Store.

 

 

Privacy

 

Your privacy is important to us. The Cineplex Privacy Policy is incorporated into these Website Terms by reference (the "Privacy Policy"). Please read the Privacy Policy carefully for details on the collection, use and disclosure of your personal information. Your use of the Website shall be deemed to constitute your understanding and approval of, and agreement to be bound by, the Privacy Policy and you consent to the collection, use and disclosure of your personal information by Cineplex and/or third parties in accordance with the Privacy Policy or as otherwise required by law.

 

 

Modification of the Website Terms

 

We reserve the right, at our sole discretion, to change modify, add or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.

 

 

Responsibility For Minors

 

This Website may contain material that is inappropriate for audiences under the age of thirteen (13). You acknowledge and agree that you will not authorize anyone under the age of thirteen (13) to access or view the Website.

 

Cineplex believes that parents should supervise their children's online activities and consider using commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.

 

If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (Note: The preceding links are provided for information purposes only. Cineplex is not affiliated with these entities and the foregoing is not intended as an endorsement of these entities, their services or policies.)

 

If for any reason Cineplex believes a user may be under the age of 13, Cineplex reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 13 all personal information shall be deleted from our system and we reserve the right to limit and/or ban the user from our site.

 

 

Prohibited Use

 

As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. If you reside outside of Canada, you acknowledge that you are responsible for ensuring that your use of the Website complies with all rules, laws, and regulations in the jurisdiction where you reside, including, without limitation, laws concerning intellectual property, the Internet, data and privacy.

 

·         You may not use the Website or Content for commercial purposes. You agree not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Website and/or Content or use the Website and/or Content for any other purpose other than your personal, private, non-commercial purposes.

·         You agree that you will not use the Website and/or Content to defame, harass, abuse, threaten or stalk others or to collect or attempt to collect personal information about users or other third parties.

·         You agree not to, intentionally or otherwise, damage, impair or disable the Website and/or Content or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, adware or other malicious code.

·         You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Website and/or Content or features that prevent or restrict the use or copying of any content accessible through the Website and/or Content.

·         You agree that you will not attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content, through hacking, password mining or any other means or interfere or attempt to interfere with the proper operation of the Website and/or Content.

·         You agree not to use framing techniques to enclose trademarks, logos or other materials posted on the Website or use any of our META tags or other "hidden text" on the Website or contained in the Content without our express written permission.

·         You agree not to make unsolicited offers, advertisements, spam and proposals to other users of the Website.

·         You agree not to modify, adapt, translate or create derivative works based on the Website or any part thereof.

 

Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of law.

 

 

Ownership/Proprietary Rights

 

The Website is owned and operated by Cineplex. The content, visual interface, interactive features, information, graphics, design, computer code, methods of operation, documentation, software, services and all other elements contained in or as part of the Website (the "Content") and any moral rights contained therein are copyrighted works owned by Cineplex or its affiliates and/or third party licensors and are protected by Canadian copyright, trademark, trade dress and patent laws, international conventions and all other relevant intellectual property and proprietary rights and applicable law both in Canada and abroad, where permitted. All trademarks, service marks and trade names on the Website are owned by Cineplex, its affiliates and/or third party licensors. Except as expressly authorized by Cineplex, you agree not to sell, license, distribute, copy, modify, publically perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. Cineplex reserves all rights, including without limitation, all intellectual property rights or other proprietary rights in connection with the Website and the Content. You shall not acquire any right, title or interest to the Website and/or Content, except for the limited rights set forth in these Website Terms. Cineplex will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution. You agree that notwithstanding anything contrary contained herein, you shall have no ownership or other proprietary interest in any account you create and you acknowledge and agree that all rights in and to any account are and shall forever be owned by and enure to the benefit of Cineplex.

 

Subject to the Terms of Use for the Digital Download Store or streaming, on your computer, Blu-ray player, Home Theatre System, 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.

 

Cineplex respects the intellectual property rights of others and requires that everyone using the Website does the same. Cineplex will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent via the online form located in Feedback Zone.

 

 

Disclaimer/Waivers/Limitations

 

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

 

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

 

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

 

CINEPLEX DOES NOT OWN, OPERATE, OR HAVE ANY AFFILIATION WHATSOEVER WITH, ANY OF THE THEATRES AND/OR ENTITIES LISTED ON THE "OTHER THEATRES" TAB ON THE "FIND A THEATRE" PORTION OF THE WEBSITE.

 

THE 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

 

The Website contains third party advertising and links to third party websites. Third party advertisements and links are provided solely as a convenience to you and not as an endorsement by Cineplex. Cineplex is not responsible for the content of any third party website or the products and/or services offered by third parties who advertise on the Website, or third party links contained therein, nor does it make any representation or warranty of any kind regarding any third party website or products and/or services offered by third parties, including, without limitation: (a) advertising claims made by third parties; (b) the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third party website; (c) the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party websites; or (d) the third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.

 

Third party linked sites are not under the control of Cineplex and may collect data or solicit personal information from you. Cineplex is not responsible for the content, business practices or the privacy policies of the third party linked sites, including but not limited to the collection, use and disclosure of personal information that these sites may collect.

 

You agree that Cineplex shall not be responsible or liable to you for any type of loss or damage that may result in any such dealings you may have with advertisers or third party websites linked to the Website, either directly or indirectly as a result of the presence of such advertising on the Website.

 

 

Registering for an Account

 

Cineplex, through the Website has provided you with the opportunity to register for an account which will allow you to manage your newsletter subscriptions, purchase online tickets, SuperTickets and check-out at the Cineplex Store without having to enter your personal information before the conclusion of each transaction. Except for the purchase or rental of Digital Products, as hereinafter defined (including the Digital Product portion of the SuperTicket) or streams, you are not required to create an account. If you do so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form; and (b) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Cineplex has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cineplex has the right to suspend or terminate your access to your account and the Website and refuse any and all current or future use of the Website (or any portion thereof). Cineplex's use of any personally identifying information you provide as part of the account registration process is governed by the terms of the Privacy Policy.

 

By registering for an account with Cineplex.com, you affirm that you are either over the age of 18, or possess legal parental or guardian consent if you are between the ages of thirteen (13) and eighteen (18), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with the Website Terms. In any case, you affirm that you are over the age of 13. If you are under 13 years of age, then please do not use this Website and talk to your parents about what sites are appropriate for you.

 

To use certain features of your account, you may also need a username and password, which you will create through the registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities that occur under your password or account. You agree to notify Cineplex immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Cineplex and its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees cannot and will not be liable for any loss or damage arising from Cineplex's and/or its respective affiliates, related companies, unaffiliated partners, licensors and/or licensees' failure or your failure to protect your password or account information.

 

 

Posting and Commenting Guidelines

 

You acknowledge and agree that when using the Website, you will be exposed to user-submitted content ("User Submissions") from a variety of sources, and that Cineplex is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cineplex with respect thereto.

 

You retain all of your ownership rights in any User Submissions that you post to the Website. By uploading and/or posting your User Submission to the Website, you grant Cineplex a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Submission for any purpose via all forms of media now known or hereafter devised; and (b) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

 

In addition to the grant of the above license, you hereby: (a) agree to waive all moral rights in your User Submission in favour of Cineplex; (b) consent to your name appearing as the contributor of your User Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Submission; (c) acknowledge and agree that Cineplex is not responsible for any loss, damage, or corruption that may occur to your User Submission; and (d) acknowledge and agree that any User.

 

You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website. You acknowledge and agree that Cineplex shall in no way be responsible for any authorized and/or unauthorized use, reproduction, distribution or display of your User Submissions by any third party.

 

Cineplex does not endorse any User Submissions posted on the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Cineplex expressly disclaims any and all liability in connection with all User Submissions posted on the Website. Cineplex does not permit or condone copyright infringing activities and infringement of intellectual property rights on the Website and we will remove all User Submissions if we are notified that such User Submission infringes on third party intellectual property rights. We reserve the right to remove any User Submission posted on our Website without prior notice and without reason.

 

Cineplex does not condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. Cineplex shall make reasonable efforts to monitor User Submissions at all times to determine compliance with Website Terms and any operating rules established by Cineplex and to satisfy any law, regulation or authorized government request.

 

With respect to your User Submission, you agree to not use the Website to submit any content that: is offensive or that promotes racism or hatred; could be harmful to minors; harasses or bullies others; is false, misleading or illegal; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; contains or displays content of a sexually explicit nature, nudity or sexual activity; facilitates the impersonation of another person; you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary or confidential information); engages in commercial activities and/or sales without Cineplex's prior written consent.

 

The above is a partial list of the kind of activity that is illegal or prohibited on the Website. All users of the Website are encouraged to report inappropriate content by contacting Guest Services. Cineplex reserves the right to investigate and take appropriate legal action against anyone who, in Cineplex's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. In addition, we reserve the right, in our sole discretion, to remove any User Submission without prior notice and for any reason.

 

You are solely responsible for the User Submissions you post on the Website and the consequences of submitting and publishing your User Submissions. You represent, and warrant that your User Submissions do not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Cineplex all of the license rights granted herein.

 

You agree to indemnify, save and hold Cineplex and its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors, and/or licensees (the "Released Parties") harmless from any claims, losses, damages, liabilities, including legal fees and expenses arising from any violation by you of these Website Terms, or any breaches of the representations and warranties made by you herein. Cineplex reserves the right, at your expense, to assume the exclusive defence and control of any matter for which are you are required to indemnify the Released Parties and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

 

Posting User Submissions through a Social Networking Site

 

Posting User Submissions may be made available via one or more social networking sites (i.e. Facebook or Twitter). In order to post User Submissions in this manner, you must have a registered account with the social network ("Social Network Account"), and be logged into the Social Network Account to post the User Submission. If you post a User Submission to the Website through your Social Network Account, you shall comply with its terms and conditions as well as these Website Terms. Cineplex shall not be held responsible for your inability to post User Submission to the Website due to your inability to access your Social Network Account or for any unauthorized access or viewing of your Social Network Account that may result when third parties review your User Submissions.

 

By agreeing to the Terms of Use and/or by posting a User Submission to the Website through your Social Network Account, you agree that Cineplex may access certain information from your Social Network Account. The information you allow Cineplex to access may vary depending on the privacy setting you have established through your Social Network Account.

 

 

Online Ticket Purchases

 

You can buy tickets at home or on your mobile device by using our online ticket purchasing service. Online or mobile ticket purchases may be made using a number of different payment options, including but not limited to, credit card, Interac Online, PayPal, electronic or physical Cineplex gift cards ("Gift Cards"), promotion codes, or by redeeming SCENE points. Cineplex may introduce new payment methods from time to time; any online ticket purchases made by such new payment methods will be governed by these Terms of Use as well as any other applicable policies and third party terms of use.

 

Occasionally, Cineplex may offer promotions that allow for the purchase of tickets through the use of specially issued vouchers (the "Vouchers"); please refer to the terms and conditions printed upon such Vouchers for more information on redeeming the Vouchers for online ticket purchases. For information on how to become a member of the SCENE loyalty program, please visit www.scene.ca. Processing services for credit cards, Interac Online, Gift Cards or PayPal are provided by third-party service providers which have their own privacy policies and terms of use. Information you provide to any such third-party service provider is not shared with Cineplex unless necessary for processing and completing your purchase transaction.

 

Upon purchasing tickets at home on your mobile device it may be possible to reserve your seating at the theatre for select performances at select theatre locations. Such option may not be available on all types of mobile devices.

 

 

Cineplex 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 digital products (the "Digital Product") and physical products (the "Physical Product") for sale and rental on the Website (the "Product(s)"). Sale of Products: All sales are final, except as otherwise described in these Website Terms, the Frequently Asked Questions (FAQ) http://store.cineplex.com/store/faq.jsp or as otherwise decided in Cineplex's sole discretion. If we are unable to complete your order due to the unavailability or discontinuance of a Product, we may provide you with a credit for the Cineplex Store for the value of the purchased product. End User: The Products are offered for sale to non-commercial end customers only. Additional Terms: In addition to these Terms of Sale, your purchase or rental of any Product, or your participation in any promotion or discount, may be subject to any terms and/or conditions which are specified on the Website at the time you place an order to purchase a Product or participate in any promotion or discount. Payment Methods: Products may be purchased:

 

·         by redeeming SCENE points on qualifying products;

·         by using a Gift Card;

·         by using a credit card or PayPal;

·         by a combination of these methods.

 

Notwithstanding the foregoing, it may be possible to purchase Products on certain internet connected devices by credit card only. For credit card or PayPal purchases, before processing any order, Cineplex obtains pre-approval, from PayPal or the financial institution which issued the user's credit card, for the cost of the Product together with all applicable taxes and shipping charges. Your credit card or PayPal account will be charged only after we e-mail you that your order has been processed and shipped. For purchases involving the redemption of SCENE points only, all points will be deducted from your SCENE account immediately on receipt of your order. SCENE points will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered. For additional information, please see our Frequently Asked Questions section (FAQ) http://store.cineplex.com/store/faq.jsp. For purchases involving the use of a Gift Card only, the value being applied to your purchase will be deducted from your Gift Card immediately on receipt of your order. The Gift Card value being applied to your purchase will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered. For additional information, please see Frequently Asked Questions (FAQ) http://store.cineplex.com/store/faq.jsp. For purchases involving the use of a combination of credit card or PayPal, and/or the redemption of SCENE points and/or the use of a Gift Card your payment is processed in the following manner (as applicable):

·         All SCENE 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.

·         Upon receipt of your order, the Gift Card value being applied to your purchase will immediately be deducted for all products, whether the product is in-stock, for pre-order or back-ordered. For additional information, please see Frequently Asked Questions (FAQ)

 

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

 

Formation of Contract / Order and Shipping Confirmation: We reserve the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the Product, we will notify you, and you may either choose not to purchase the Product, or purchase the Product at the correct price. We will e-mail you once your order has been received; this e-mail is only our confirmation that our servers have received your order. Your order is deemed to be an offer to purchase the Product. Your order is deemed to be accepted only if we send you an e-mail confirming that your order has been processed and shipped (by Canada Post), and our said e-mail constitutes our acceptance of your offer. Until you receive an e-mail from us confirming that your order has been processed and shipped, no legally binding or enforceable contract exists between you and Cineplex. We ship Products by Canada Post. In Stock Products are normally processed within one (1) business day and are normally delivered within an additional three (3) to five (5) business days. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed, shipped or delivered. Out of stock Products will be shipped once a Product is in stock. We only deliver Products to addresses in Canada. Products cannot be picked up in person.

 

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

 

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

 

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

 

Digital Downloads and Streams: To purchase or rent Digital Product for downloading or streaming, you will be required to create an account and agree to the Terms of Use for the Digital Download Store. The account information is used to enable you to download or stream your Digital Products, manage your digital locker and your devices, implement parental controls and receive updates related to hardware, software or content license updates. You will also be required to review and accept the Terms of Use and the End User License Agreement which governs the use of Digital Product and any applications that facilitate playback. You will be required to register each permitted device that you use to download or stream digital content with your account.

·         Only residents of Canada, accessing the Cineplex Store from within Canada, may purchase and download or stream Digital Product for purchase or rental from the Cineplex Store;

·         The rental period for Digital Product is up to thirty (30) days from the date of purchase or in the case of pre-order, from the date of availability (the "Rental Period");

·         Rental Digital Product may be viewed for up to forty-eight (48) hours after the time of initial playback, provided such initial playback is within the Rental period;

·         Purchased Digital Product has an unlimited viewing period;

·         On occasion, some content providers may invoke a blackout period with respect to some Digital Product titles. If you have purchased a Digital Product title which is entering a black out period, and you have not yet downloaded the Digital Product title to your computer, we may attempt to notify you of the upcoming blackout period at the email address provided by you.

 

Conditions re Sale to Minors and non-residents of Canada:

·         Non-residents of Canada are not permitted to purchase or rent any Products from the Cineplex Store;

·         Minors who do not have the permission of a parent or legal guardian are not permitted to:

·         purchase or rent any Products from the Cineplex Store;

·         redeem Gift Cards from the Cineplex Store; or

·         redeem SCENE points from the Cineplex Store

 

Your purchase or rental of Products from the Cineplex Store constitutes your confirmation that you are: (i) an adult who has obtained the age of majority in the Canadian province or territory in which you reside; or (ii) a minor who is purchasing or renting Product or redeeming Gift Cards or SCENE points with the permission of your parent or legal guardian; and (ii) a resident of Canada who is accessing the Cineplex Store from within Canada.

 

Adults who have obtained the age of majority in the Canadian province or territory in which they reside are encouraged to use the Parental Control settings within their accounts. Parental controls are available for use on Televisions, Blu-ray players and Home Theatre Systems carrying the Cineplex Store digital service.

 

UltraViolet¿ Products:

 

Cineplex offers certain UltraViolet¿ digital products and services (the "UltraViolet¿ Products") for purchase at the Cineplex Store or through the purchase of a SuperTicket. Customers who wish to purchase, view or redeem UltraViolet Products at the Cineplex Store must create both a Cineplex account in accordance with these Website Terms, as well as an UltraViolet account, and follow the required steps and procedures for purchasing and viewing such UltraViolet content, as further described on UVVU.com.

 

 

SuperTicket (not offered in Quebec)

 

The following terms and/or conditions (the "SuperTicket Terms ") govern the manner in which you purchase and redeem SuperTicket products. Additional useful information regarding SuperTickets is available on the Frequently Asked Questions (FAQ) section of SuperTicket.com (the "SuperTicket Site"). By purchasing a SuperTicket, you are deemed to have consented to the Terms of Use (of which these SuperTicket Terms form a part). In addition, by downloading or streaming your Digital Product you are agreeing to the Terms of Use for the Digital Download Store.

·         SuperTicket combines the purchase of a movie admission ticket and the pre-purchase of the down-load to own copy of the Digital Product, as defined in the Cineplex Store Terms of Sale, for the same film. You can purchase your SuperTicket at home or on your mobile device by using our online ticket purchasing service or at any Cineplex theatre at the box office or automatic ticketing kiosks. The cost of each SuperTicket depends on the film title and the type of admission ticket purchased. SuperTicket is offered on select film titles. We may terminate, suspend or modify any SuperTicket offer without notice. Cineplex is not responsible for and will not replace voucher codes that are lost, stolen or used without permission.

·         SuperTicket purchasers will receive their movie admission ticket and a second voucher for the pre-purchase of the Digital Product. To obtain a copy of the Digital Product, you must redeem the code printed on your voucher (the "Voucher Code") online at the SuperTicket Site. Once the SuperTicket is purchased, you can immediately redeem the Voucher Code. Purchasers will receive an email confirmation at the time the Voucher Code is redeemed and a subsequent email once the Digital Product is available. The Digital Product will be available to you on or before the date on which it is commercially available by the film's studio or distributor. Cineplex makes no representations or warranties regarding the date on which a Digital Product will be available. If we are unable to complete your order due to the unavailability or discontinuance of the Digital Product, we may provide you with a credit for the Cineplex Store for the value of the Digital Product portion of the SuperTicket purchased.

·         Upgrading your Admission ticket to a SuperTicket: Consumers may upgrade their admission ticket to a SuperTicket provided that the admission ticket type and the film title qualify for a SuperTicket offer. To upgrade your admission ticket, you must enter the admission ticket transaction number on the SuperTicket Site within forty-eight (48) hours after the start of the showtime on the admission ticket. If you are eligible to upgrade your admission ticket, you will be redirected to the checkout point to pay for the upgrade.

·         Refunds: We will refund the full purchase price of the SuperTicket prior to the showtime on the admission ticket. After the showtime, Cineplex will refund the portion of the SuperTicket applicable to the price of the Digital Product provided that a refund is requested within forty-eight (48) hours after the showtime on the admission ticket.

·         Terms and Conditions (including sale to minors and non-residents of Canada)

·         Only residents of Canada (excluding Quebec), accessing the SuperTicket Site from within Canada (excluding Quebec), may redeem the Voucher Code and download or stream the Digital Product;

·         Age restrictions based on the rating applied to each theatrical release by provincial Film Classifications Boards will apply.

·         The SuperTicket offer is not available in the Province of Quebec or to anyone under the age of 13;

·         On occasion, some content providers may invoke a blackout period with respect to some Digital Product titles. If your SuperTicket applies to a Digital Product title which is entering a black out period, and you have not yet downloaded the Digital Product title to your computer, we may attempt to notify you of the upcoming blackout period at the email address provided by you.

·         Minors must have the permission of a parent or legal guardian before purchasing a SuperTicket or redeeming a Voucher Code. Cineplex is not responsible for ensuring that the film is suitable for the person that redeems the Voucher Code or watches the Digital Product.

·         Your purchase of the SuperTicket constitutes your confirmation that you are: (i) an adult who has obtained the age of majority in the Canadian province or territory in which you reside; or (ii) a minor, above the age of 13, who is purchasing a SuperTicket with the permission of your parent or legal guardian; and (ii) a resident of Canada (excluding Quebec) who is accessing the SuperTicket Site from within Canada (excluding Quebec).

·         SuperTicket offers are not valid with the purchase of child's admission tickets (including the use of Child admission passes), or Cineplex Courtesy or Be Our Guest passes. Cineplex corporate products, including the Admit One and Night Out certificates are valid towards the admission portion of the SuperTicket.

·         SuperTicket offers are not valid in conjunction with any other offer, discount or promotion unless such applies to the SuperTicket offer itself.

·         Offer is not available at Cinema City and Alliance Cinemas locations.

·         Additional Terms: In addition to these SuperTicket Terms, your purchase is subject to the terms and/or conditions which are specific to each individual SuperTicket offer and which will be available on the SuperTicket Site and at theatre box offices.

·         Digital Products and Streaming: To access and view your Digital Products for downloading or streaming, you will be required to create an account with Cineplex and an UltraViolet account (for UltraVilot Products only). The account information is used to enable you to download or stream your Digital Products, manage your digital locker and your devices, implement parental controls and receive updates related to hardware, software or content license updates. You will also be required to review and accept the Terms of Use and the End User License Agreement which governs the use of Digital Product and any applications that facilitate playback. You will be required to register each permitted device that you use to download or stream digital content with your account.

 

 

Violations of Terms of Use

 

If you breach any of the Terms of Use 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 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.

 

 

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. Cineplex makes no representations or warranties that the Website and/or Content is appropriate for, complies with the laws within, or is available in other jurisdictions. Those who use the Website from jurisdictions other than Canada do so at their own risk and are responsible for compliance with their local laws. 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 attorney 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 affect the validity or enforceability of any remaining provision of these Terms of Use.

 

 

Dispute Resolution

 

You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently prohibited.

 

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. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.