December 2, 2010
The Cineplex Website (the "Website")
Rights Granted and Restrictions on 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.
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.
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
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.
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/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 our Frequently Asked Questions section (FAQ) http://store.cineplex.com/store/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 Cineplex 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/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 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.
· 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/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.
· Only residents of Canada, accessing the Cineplex Store from within Canada, may purchase and download 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;
· Rental digital Product may be viewed for up to forty-eight (48) after the time of initial playback;
· 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 will attempt to notify you of the upcoming blackout period at the email address provided by you; and
· All customers purchasing or renting digital Product must create an account. The account information is used to enable you to download your digital purchases, manage your digital locker and receive updates related to hardware, software or content license updates.
- 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:
· (i) purchase or rent any Products from the Cineplex Store; or
· (ii) redeem Cineplex Gift Cards from the Cineplex Store.
· Your purchase or rental of Product 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 Cineplex Gift Cards with the permission of your parent or legal guardian; and (ii) a resident of Canada who is accessing the Cineplex Store from within Canada.
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.