Terms of Membership
PLEASE READ THESE TERMS OF MEMBERSHIP CAREFULLY BEFORE REGISTERING FOR OR USING YOUR ACCOUNT AT CINEPLEX.COM AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF CINEPLEX'S LIABILITY AND DISCLAIMERS.
TABLE OF CONTENTS
- ACCEPTANCE OF TERMS
- RESPONSIBILITY FOR MINORS
- CHANGED TERMS
- NO ADVICE
- MALICIOUS USE
- USER SUBMISSIONS
- INTELLECTUAL PROPERTY RIGHTS
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- GOVERNING LAW
In consideration of your use of the Website, you declare that you thirteen (13) years old or older.
Cineplex makes no representation or warranty that the Website is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws.
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.comor 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.)
By registering for Membership or using your 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 the Terms of Membership, and to abide by and comply with the Terms of Membership. 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.
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.
To use certain features of your Account or the Website, 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.
The Website is connected by "hyperlinks" to third party websites. Cineplex is not responsible in any way for the privacy practices on other websites and suggest that you review the privacy policies on those linked websites before using them.
The information contained on the Website is for informational and entertainment purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Cineplex of the contents of such third party websites. Cineplex is not responsible for the content of any third party website, nor does it make any representation or warranty of any kind regarding any third party website including, without limitation: (a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third party website; (b) any representation or warranty regarding 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; (c) any representation or warranty that the operation of 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; or (d) any representation or warranty that the content of such third party websites is suitable to children under the age of eighteen (18).
While Cineplex encourages links to the Website, you shall not link the Website to or from any third party website which: (a) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law, or regulation, or which may be damaging or detrimental to the activities, operations, credibility or integrity of Cineplex (or its affiliated companies) or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or bullies or advocates harassment or bullying of another person, provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, drugs, movies or videos or (b) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Cineplex reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Cineplex. Failure to do so may result in the cancellation of your account and/or suspension or termination of your access to this Website.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. Cineplex will use information security practices and is not liable in the case of breach of implemented physical, technical and managerial security controls.
User Submissions - General:
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, and agree to indemnify and hold Cineplex, its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors and/or licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY USER SUBMISSION OR RELATED MATERIAL TO THE WEBSITE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY POSTING CONTENT OR ANY RELATED MATERIAL TO THE WEBSITE, YOU ARE REPRESENTING AND WARRANTING TO CINEPLEX THAT THE SUBMITTED CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL TO YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMITTED CONTENT OR ANY RELATED MATERIAL AND THAT CINEPLEX IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTED CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CINEPLEX, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.
With respect to your User Submission, you agree to not use the Website to submit any content that:
A. is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. could be harmful to minors;
C. harasses or bullies or advocates harassment or bullying of another person;
D. promotes information that is false, misleading, is illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
E. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or movies or links to pirated music or movie files;
F. contains or displays any trademark and associated logo(s) owned by or licensed to a third party, unless you have the express written consent from such third party to use and to authorize Cineplex to use such trademark and/or logo(s);
G. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
H. provides material that exploits people in a sexual or violent manner;
I. contains or displays content of a sexually explicit nature; nudity, sexual activity etc.
J. solicits personal information from anyone under eighteen (18) years of age;
K. facilitates the impersonation of another person in furtherance of identity theft and/or fraud;
L. provides instructional information about illegal activities such as by way of example only, making or buying illegal weapons, drugs or movies or video?, violating someone's privacy, or providing or creating computer viruses;
M. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
N. 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);
O. engages in commercial activities and/or sales without Cineplex’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
P. contains or will contain any disabling mechanism or protection feature designed to prevent its use including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Website and any world wide web pages or any operating system software or hardware on which the Website is operated or displayed.
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 to the Content Moderation Team as follows: (a) via the Contact Us form (coming soon) or (b) via the "Inappropriate Content" link located in the Website console. In connection with the foregoing, 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. All reports of inappropriate content will be investigated in a timely matter. Notwithstanding the foregoing, these prohibitions are inserted for the benefit of Cineplex and, subject to applicable laws and regulations, may be waived at Cineplex’s sole discretion.
User Submissions - Ownership:
You retain all of your ownership rights in your User Submission. 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 user profile name, and e-mail 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 Submission you provide for display on the Website is non-confidential.
The content on the Website, except all User Submissions (as defined above), including without limitation, video, auditory (sounds), text, imagery, scripts, graphics, photos, sounds, music, interactive features (defined as "Content") and the branding, trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Cineplex, subject to copyright and other intellectual property rights under Canadian Civil Law and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and/or entertainment and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Cineplex. Cineplex reserves all rights not expressly granted in and to the Website and all Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
Cineplex respects the intellectual property rights of others and asks 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS ON THIS WEBSITE AND ANY HYPERLINKED THIRD PARTY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CINEPLEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CINEPLEX MAKES NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL VIEWED OBTAINED OR PURCHASED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IN CONNECTION WITH THE FOREGOING, ANY OPINION, VIEW OR IDEA CONTAINED IN ANY BROADCAST, CHANNEL, ARTICLE, STORY OR COLUMN PUBLISHED ON THE WEBSITE IS THAT OF THE SUBMITTING USER AND DOES NOT REFLECT OR REPRESENT THE VIEWS OF CINEPLEX OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARTNERS, LICENSORS OR LICENSEES;
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
D) CINEPLEX DOES NOT REPRESENT WARRANT OR ENDORSE THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION, CONTENT, VIEWS, OPINIONS, RECOMMENDATIONS OR ADVERTISEMENTS DISTRIBUTED THROUGH OR ACCESSED FROM ANY OF THE SERVICES CONTAINED ON THIS WEBSITE. CINEPLEX DOES NOT REPRESENT, WARRANT OR ENDORSE ANY PRODUCT, INFORMATION OR MATERIAL THAT IS DISPLAYED, PURCHASED OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER DISPLAYED ON THE WEBSITE OR ANY HYPERLINKED THIRD PARTY WEBSITES; AND
These Terms of Membership shall be interpreted, construed and governed by the laws in force in the Province of Ontario, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.
You acknowledge and agree that:
B) the Terms of Membership, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Cineplex without restriction;
C) if any provision of the Terms of Membership is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Membership, which shall remain in full force and effect;
D) no waiver of any term of the Terms of Membership shall be deemed a further or continuing waiver of such term or any other term, and Cineplex's failure to assert any right or provision under the Terms of Membership shall not constitute a waiver of such right or provision;
F) your use of the Website following any amendment of these Terms of Membership will signify your assent to and acceptance of its revised terms; and
G) you and Cineplex agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
Cineplex.com Community Standards & Posting Guidelines
These comments are governed by the following set of standards that will apply to all community members and their posts. To more fully understand your obligations while a visitor to our site, please read our Terms of Membership in its entirety. We reserve the right to remove any material that does not (in our sole judgment) comply with these standards and to revoke posting privileges at our sole discretion without warning or explanation. Our decisions are considered final.
By participating, you are agreeing to abide by our Community Rules and Standards as set out below. Our goal is to provide a safe and enjoyable online community where members are expected to treat each other courteously and with respect.
Community Rules & Standards
Age: You must be at least 13 years old to register and participate in our community.
Agree to Disagree, Respectfully: Cineplex.com is a place where it's okay and we encourage you to be yourself -- as long as you always act with respect for your fellow members. Be respectful and civil to other members, even if you disagree with them. The objective of our community is to understand each other, not to attack others and convince them that you're right. Name calling, insults, "flaming" and attacks are not appropriate and will not be tolerated. Agree to disagree respectfully.
Don't Be Afraid to Post: If you're new to our community, taking the step for the first time to post a message can sometimes seem intimidating. Don't be afraid to jump into a discussion or respond to a comment or a review.
Keep Your Posts Clean: Any unacceptable content (posts, member names, or subject lines containing profanity, sexually graphic or offensive language, etc.) will be refused or deleted. Similarly, any posts that solicit or offer explicit or x-rated GIFs, JPEGs or other graphic or video files will be deleted without notice and your posting privileges may be revoked. Please keep in mind that this is a public website.
No personal information such as email addresses, phone numbers, and Instant Message Identities will be permitted to be posted in the community. Posts that request members to submit personal information to another party will be removed unless these posts have been pre-approved by the Cineplex Moderation Team. This includes, but is not limited to, communications that ask for personal information submitted via email, mail, telephone, surveys, and research studies.
Flooding and Spam: Please do not flood or spam, post chain letters, pyramid schemes, junk mail, or URLs for outside sites that violate any of these guidelines. Failure to comply with this will result in an account suspension and could prevent you from further accessing the Website.
Keep an Open Mind: Whether you're looking for answers or have questions about Cineplex, our members are here to help, however, please keep in mind that other members may claim expertise or status (legal, medical, etc.) that they do not, in fact, possess. Use your discretion in following their advice and keep an open mind when participating in the community.
Harassment and Threats: We do not allow harassing, threatening, racist, abusive, hateful, violent, or obscene language or behaviour. Any prejudicial statements, comments or remarks in post or profiles will be removed immediately and your posting privileges may be revoked. Retaliation against any person complaining of discrimination will not be tolerated.
Illegal Activities: Participation in, suggesting, or encouraging any illegal activity is cause for immediate deletion and suspension of posting privileges, and may be reported to the appropriate authorities.
Be Courteous: Avoid Duplicate Posts: Do not post the same message more than once. Duplicate messages can be frustrating for other members, especially for those whose time and energy is limited. Weeding through the same message in multiple locations can be not only frustrating, but downright annoying. Duplicate messages will be deleted.
Don't Post Advertisements or Self Promotional or Commercial Items: No commercial solicitation or advertising will be allowed. Posts containing commercial or product/service promotional messages -- included but not limited to references to internet sites, URLs, or links to other commercial Web sites -- will be removed.
Don't Post Others' Copyrighted Information: Any articles, news reports, or other copyrighted material included in the posts must be with the permission of the relevant copyright owners. If such an event occurs, the individual posting the information shall be held solely responsible. Cineplex will not be held responsible for member-posted information that may violate copyright law.
Re-publishing Your Words: We know your words can inspire many members, and we want to bring the best of our community to a larger audience. We do this by quoting your posts in newsletters, and other promotions including, but not limited to, TV, magazines, newspapers, radio, Internet and product packaging. When re-publishing your quotes for wide distribution, we will identify you only by your screen name.
Reporting Problems: If you encounter a violation to these Standards and Posting guidelines or are having problems navigating our site or finding information, please contact us at via the Contact Us form (coming soon).