8/28/2008 7:04:22 PM   
Terms
of Use

TERMS OF USE

Updated July 8, 2008

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

The Cineplex Website (the "Website")

By using the Website, including the use and registration on the mycineplex pages you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use, Our Privacy Policy, the Terms of Membership and all applicable laws. If the Terms of Use, Privacy Policy or Terms of Membership are not acceptable to you, please refrain from using this Website.

We may update the Terms of Use, Privacy Policy and/or Terms of Membership from time to time and you are responsible for periodically reviewing the most current version on this Website. The date of the version of the Terms of Use, Privacy Policy and Terms of Membership is stated at the top of each page. Your continued use of this Website will be deemed your conclusive acceptance of the Terms of Use, Privacy Policy and Terms of Membership, as updated from time to time.

Privacy

You have read the Privacy Policy, the terms of which appear on the Website and are incorporated into these Terms of Use, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Cineplex and/or third parties in accordance with the terms of the Privacy Policy and for the purposes set forth therein.

MyCineplex

By registering for membership with mycineplex you agree to be bound by the Terms of Membership (ADD LINK) in addition to the Terms of Use and the Privacy Policy. The Terms of Use do not replace the Terms of Membership and/or Privacy Policy but are in addition to them.

Rights Granted and Restrictions on Use

This Website and all of its contents are owned and copyrighted by Cineplex or others with all rights reserved unless otherwise noted. Any content that is a trademark, logo or service mark is also a registered or unregistered trademark of Cineplex or others. Your use of any content herein, except as provided by in these Terms of Use, without the written permission of Cineplex is strictly prohibited. You are also advised that Cineplex will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

You may display on your computer, download and print the contents of this Website for personal or educational, non-commercial purposes provided that you attribute ownership of such content to Cineplex. All copyrighted information on this Website (including, but not limited to, images, illustrations, video clips, audio clips, trademarks, press releases, reviews, articles, promotional contests and movie schedules) is owned by Cineplex or a third party, as indicated. The information and materials on the Website may not otherwise be copied, modified, published, transferred, reposted, reproduced, reused, transmitted, displayed, sold or used for public or commercial purposes, unless provided in these Terms of Use and/or Terms of Membership, without the express written permission of Cineplex. Requests for such approval should be directed to: customerservice@cineplex.com.

Disclaimers

ALTHOUGH THE CONTENT CONTAINED ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THE INFORMATION CONTAINED ON THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. NEITHER CINEPLEX NOR ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS AND DISCLAIM ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, UNINTERRUPTED SERVICE, FREEDOM FROM COMPUTER VIRUSES, RESULTS OBTAINED FROM USE OF THIS WEBSITE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.

INTERNET SERVICES, LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES AND DOWN TIME. CINEPLEX SHALL USE ITS BEST EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DOES NOT WARRANT THAT IT SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK.

No Damages

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, CONSEQUENTIAL, MORAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON ITS CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING 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 THE NEGLIGENCE OF CINEPLEX OR ANY OF ITS RESPECTIVE LICENSORS', SERVICE PROVIDERS' OR SUPPLIERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Advertising and Links

Cineplex accepts advertising from other organizations. No endorsement by Cineplex is intended or implied by the presence of such advertising. As a convenience to our visitors, this Website currently contains links to a number of third party websites. Your linking to such websites or pages is at your own risk. The information and content expressed on third party websites, as well as any links provided by the resources on this Website, are not investigated, verified, monitored or endorsed by Cineplex. Cineplex provides these links merely as a convenience to our Website viewers and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such third party websites.

Online Ticket Purchasing

You can now buy tickets at home by using our online ticket purchasing service. These services are provided through separate corporate entities that have their own privacy policy and terms of use. Information you provide to any such service provider is not shared with Cineplex unless you specifically ask to be added to our MyCineplex newsletter.

Violations of Terms of Use

If you breach any of these Terms of Use and/or 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 termination, you are no longer authorized to access this Website or the part of this Website affected by such cancellation or termination. In such event, the restrictions which these Terms of Use and/or Terms of Membership impose on you with respect to this Website shall still apply. Cineplex is not liable to any party for such damages arising from such a termination. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or Terms of Membership.

Other Countries

This Website can 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 such products, services or programs in your country. We make no representation that the content on this Website is appropriate or available for use in other locations, and accessing this Website from territories where its content is prohibited. Those who choose to access this Website from countries other than Canada do so on their own initiative and at their own risk and are responsible for compliance with local laws.

Laws

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

This Website (excluding linked sites) is controlled by Cineplex from its offices within the Province of Ontario, Canada. By accessing this Website, you and Cineplex agree that all matters relating to your access to, or use of this Website shall be governed by the statutes and laws of the Province of Ontario, Canada without regard to the conflicts of laws principles thereof. You and Cineplex agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Toronto, Province of Ontario, Canada with respect to any and all matters arising in connection with these Terms of Use.

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 and enforceability of any remaining provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, PRIVACY POLICY AND TERMS OF MEMBERSHIP, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN.