CinemaNow is an online movie site that allows filmmakers to distribute their films via stream and download.
This page contains our full User Agreement. You may wish to print this page for reference.
Before you download any Video Content (as defined in section 4 below), carefully read this Agreement. By downloading the Video Content you fully and irrevocably accept and agree to be bound by this Agreement. Before you can download any Video Content, you will be asked to accept all the terms of the Agreement. If you do not wish to accept all the terms of this Agreement, you will not be able to download the Video Content.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Ownership. CinemaNow is the owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by CinemaNow for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
1.2. Copyright. The Site Content and Site Code are owned by CinemaNow and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 1999-2007 CinemaNow, Inc. All Rights Reserved. Unless expressly permitted on the Site by CinemaNow, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon express permission from and arrangement with CinemaNow. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Trademark. "CinemaNow," "PatchBay," the CinemaNow logo, "Watch Movies Here" "AllAdultChannel," "WatchMusicHere," cinemanow.com, alladultchannel.com watchmusichere.com and all other trademarks and servicemarks on the site are trademarks and service marks belonging to CinemaNow or its licensors (the "CinemaNow Marks"). Any product, service, or trade name other than those owned by CinemaNow that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Third party trademarks used on the Site are used with the permission of such trademark owners and all of their rights are reserved. Any unauthorized use of the CinemaNow Marks or any third party trademark is strictly prohibited.
1.4. Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including any information, documentation or web address(es) which would assist CinemaNow in locating that material;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or permissible by law;
A statement by you under the penalty of perjury that the information in your notice is accurate that you are the copyright owner or authorized to act on the owner's behalf.
AGENT FOR CLAIMS
Bruce David Eisen
4553 Glencoe Avenue, Suite 200
Marina del Rey, CA 90292
Tel: + 1-310-314-3000
Fax: +1 310-314-3050
2. USE OF THE SITE, GENERAL TERMS
2.2 Non-Commercial/Personal Use Limitation. CinemaNow grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
2.3 Not Intended for Minors. Much of the content on the Site is inappropriate for children. As such, the Site is intended for use by persons over the age of eighteen (18) years of age (those persons who are younger than 18 years of age [or such other age as may be required in your jurisdiction] are referred to herein as "Minors"). The Site Content may be confusing or offensive to Minors. Any Minor should seek consent from his/her legal guardian before using this Site, and such legal guardian should strictly monitor such Minor's use of the Site. Persons aged between 13 and 18 may use the Site only with the consent of such person's parent or guardian. If you are aged between 13 and 18 and have not received the consent of your parent or guardian to use the Site or if you are younger than 13, please exit our Site. Under no circumstances should persons younger than 18, even with their parent or guardian's consent, visit the AllAdultChannel section of the Site.
2.4 Nature of Services. CinemaNow offers its Site services for entertainment purposes only. CinemaNow does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, CinemaNow is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.5 Streaming/Downloading of Site Content. Certain of the Site Content may be available on a streaming basis, certain of the Site Content may be available on a download basis and certain of the Site Content may be available on both, a streaming and download basis, all as determined by CinemaNow in its sole discretion from time-to-time. The format, availability and price for each piece of Site Content is indicated as such on the Site. Depending upon the geographic location of the user, the equipment that the user is using to access the Site, the bandwidth available to the user and other factors, certain users may not have access to streaming and/or downloadable Site Content.
2.6 Username/Password. CinemaNow may issue you (or you may create) a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. CinemaNow shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
2.9 Objectionable Material. You understand that through your use of the Site you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site at your sole risk and that CinemaNow shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
2.12 Delivery And Storage Of Content. You acknowledge that use of content may require the use of other hardware and software products and that such hardware and software is your responsibility. Once you rent or purchase a copy of content and you receive it, it is your responsibility not to lose, destroy, or damage the content, and CinemaNow shall be without liability to you in the event of any loss, destruction, or damage.
2.13 No Right To Continued Service. You acknowledge that CinemaNow licenses some or all of the content under agreement with third parties, and that CinemaNow is constantly administering the Site, including the Usage Rules. CinemaNow may add, delete or disable content, and/or add, delete, disable or modify some or all of the Site, at its sole election, and you acknowledge: (1) that you may no longer be able to use the Site to the same extent - or at all - as prior to such change or discontinuation, and (2) that CinemaNow shall have no liability to you in such case. In no event will CinemaNow be liable for the removal of or disabling of access to any content, materials or functionality of the Site. CinemaNow may also impose limits on the use of or access to certain features or portions of the content or the Site, in any case and without notice or liability.
3 TERMS RELATING TO THIRD PARTY CONTENT
4 TERMS RELATING TO FEE BASED CONTENT
4.1 Fee-Based Service Charges. Some of the audio/visual content (the "Video Content") on the Site is available only on a fee basis (that is, you must pay to access the Video Content). This Video Content is sometimes referred to herein as the "Fee-Based Services". Any one or more of the following types of Fee-Based Services may be available: (i) pay-per-view ("PPV") Video Content offerings (also referred to as "rental" or "Rental" offerings) in which you must pay a set price to view that one particular piece of Video Content during a specified time period; (ii) retained downloaded Video Content ("Retained Content") in which you must pay a set price to download that one particular piece of Video Content and may view said piece of Video Content an unlimited number of times during an unlimited time period, all as more fully set forth herein; (iii) pay-per-minute offerings in which you purchase the right to view one or more pieces of content for a certain number of minutes; (iv) packaged offerings in which you pay a monthly or yearly fee for access to a package of content; and (v) download and burn content wherein you have the right to download a piece of content and burn it to recordable optical media. Not all users of the Site (depending upon the user's geographic location, equipment that the user is using and other factors) will have access to all versions of the Fee-Based Services. Given the foregoing, certain of the terms and conditions contained herein may not be applicable to every user (for example, the terms relating to subscription services will not be applicable to those users unable to access our packaged offerings).
4.2 Terms relating to Pay-per-View offerings.
4.2.1 Our pay-per-view (PPV) offerings are available at different price points as set forth on the Site. We reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the launch page for the film and clearly marked when you enter your credit card information.
4.2.2 A valid credit card (VISA, MasterCard or American Express) is required to pay for the PPV films. The PPV fee will be charged only when you submit the credit card informationto us.
4.2.3 Currently, each film is available to you for either 24 or 48 hours, depending upon the film, from the time that you start watching the film. We reserve the right to change the time period with respect to future films but will not change the time period with respect to films that you have already paid for. You can watch the movie whenever you want, as many times as you want during the authorized time period (i.e., 24 or 48 hours). After that time, if you want to watch the movie, you will have to pay the PPV fee again.
4.3 Terms Relating to Retained Content.
4.3.1 Our Retained Content offerings are available at different price points, as indicated on the Site. We reserve the right to change those at any time. At any event, whatever the price, it will always be clearly marked on the launch page of the Video Content and clearly marked when you enter your credit card information.
4.3.2 A valid credit card (VISA, MasterCard or American Express) is required to pay for the Retained Content. The fee for the Retained Content will be charged only when you submit the credit card information to us.
4.3.3 Once you pay the fee for the applicable piece of Retained Content, you will have the right to download that piece of Retained Content to one computer. You will have the right to view that piece of Retained Content an unlimited number of times for an unlimited period of time. If the piece of Retained Content that you have purchased does not download and play correctly, please contact Customer Support and we will endeavor to provide you with a working version of that piece of Retained Content or refund your purchase price. Once you have downloaded a working copy of a piece of Retained Content we will not refund your purchase price or provide another copy of said piece of Retained Content in the event that your computer crashes, your hard drive fails, the file becomes corrupt or in the event that said piece of Retained Content does not play, for whatever reason.
4.4 Terms relating to Pay-Per-Minute Content.
4.4.1 Certain of the Content is available on a pay-per-minute (PPM) basis. What this means is that you purchase the right to view (on a streaming basis) the PPM Content by purchasing a certain number of minutes. The minutes are sold in various packages at various prices as specified on the Site.
4.4.2 A valid credit card (VISA, MasterCard or American Express) is required to pay for the PPM Content. The fee for the PPM Content will be charged only when you submit the credit card information to us.
4.4.3 Trials. Currently, CinemaNow offers two different trials for the PPM content. One is a free trial offer and the other is a paid trial offer. The details of each are discussed below. CinemaNow reserves the right to cancel or modify these trials at any time.
188.8.131.52 Paid Trial Offer. CinemaNow will provide you with unlimited minutes for a three (3) consecutive day period, commencing when you first sign-up for the paid trial (the "Paid Trial Offer") under the following terms and conditions:
184.108.40.206.1 You may only register for the Paid Free Trial Offer once. You may not register for the Paid Free Trial Offer using multiple names, e-mail addresses, user names or in any other manner meant or intended to obtain the Paid Free Trial Offer more than once.
220.127.116.11.2 In order to access the PPM Paid Trial Offer, you will be requested to enter a valid credit card number (for a card that CinemaNow accepts) and accompanying information. We will verify your credit card information at that time and we will charge your credit card at that time for the amount of the Paid Trial Offer.
18.104.22.168.3 If you do not cancel the Paid Trial Offer within the Paid Trial Offer time period, you will (and you hereby consent to) be automatically enrolled in CinemaNow's unlimited minutes program. Your credit card will be charged the applicable fee each and every month (or year, if applicable) thereafter until you terminate your subscription to the unlimited minutes program. As its name suggests, the unlimited minutes program allows you to view all PPM Content an unlimited amount of time each month for which you have paid the applicable fee. CinemaNow reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site.
22.214.171.124 Free Trial PPM Offer. CinemaNow may provide you with a certain number of minutes for free commencing when you first sign-up for the free trial PPM offer (the "Free Trial PPM Offer") under the following terms and conditions:
126.96.36.199.1 You may only register for the Free Trial PPM Offer once. You may not register for the PPM Free Trial Offer using multiple names, e-mail addresses, user names or in any other manner meant or intended to obtain the Free Trial PPM Offer more than once.
188.8.131.52.2 In order to access the Free Trial PPM Offer, you will be requested to enter a valid credit card number (for a card that CinemaNow accepts) and accompanying information. We will verify your credit card information at that time and we will charge your credit card at that time in the amount of one U.S. dollar (US$1.00). We will immediately void that charge so that the net effect is that you will not be charged for the Free Trial PPM Offer. However, please note that your bank may take several days to process the void so you may not have access to that dollar for a period of time as determined by your financial institution. Please check with your financial institution to determine what their policy is regarding this.
184.108.40.206 Subject to the terms herein, you may sign-up for the PPM Trial Offer and/or the Free Trial PPM Offer but you may sign up for each such offer only once. Also, once you sign up for the PPM Trial, you will not be eligible to sign up for the Free Trial PPM Offer (so you might want to sign up for the Free Trial PPM Offer first).
220.127.116.11 CinemaNow reserves the right to terminate, cancel, change or modify the Trial Offer at any time, with or without notice to you.
4.4.4 Please note that any viewing of PPM Content, including saved scenes, looped content or otherwise will all constitute a use of minutes for billing purposes.
4.4.5 While CinemaNow offers the functionality to save scenes of PPM Content (as set forth on the Site), we do not warrant that this functionality will work, that the content will actually be saved or that you will always have access to it. Also, your use of that functionality does not grant or convey to you any ownerships right in such content or allow you to save the scenes to your computer or any media.
4.5 Terms relating to Packaged Content. CinemaNow may make a package of content available for a set monthly or yearly price, as indicated on the Site.
4.5.1 Trial. In the event that CinemaNow makes a free or reduced price trial offer available, you may gain access to a package of content for a trial period of time for a reduced fee or free, as CinemaNow may elect and as set forth on the Site from time to time (the "Trial Offer") under the following terms and conditions:
18.104.22.168 You may only register for the Trial Offer once. You may not register for the Trial Offer using multiple names, e-mail addresses, user names or in any other manner meant or intended to obtain the Trial Offer more than once.
22.214.171.124 In order to access the Trial Offer, you may be requested to enter a valid credit card number (for a card that CinemaNow accepts) and accompanying information. We will verify your credit card information at that time and, if the Trial Offer requires a payment, we will charge your credit card at that time for the amount of the Trial Offer. In the event that the Trial Offer is a free trial, we WILL AUTHORIZE A CHARGE EQUAL TO THE INITIAL CHARGE OF THE SUBSCRIPTION PLAN THAT YOU SELECTED at the time that you enroll for the Trial Offer. Please note that when we authorize the charge, your financial institution (bank, etc.) MAY DEDUCT this amount from your available balance at that time even though CinemaNow has not actually charged your card until after the free trial period has expired. Please check with your financial institution to determine what their policy is regarding this.
126.96.36.199 If you do not cancel the Trial Offer within the Trial Offer time period, you will (and you hereby consent to) be charged CinemaNow's prevailing rates for the subscription service that you have chosen (plus applicable taxes and other charges, if any) at the end of the Trial Offer. CinemaNow reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site.
188.8.131.52 CinemaNow reserves the right to terminate, cancel, change or modify the Trial Offer at any time, with or without notice to you.
4.5.2 Changing Between Package Plans. Certain of the package plans may allow you, at any time, to switch from your current plan to certain other plans. If you change to a more expensive plan (i.e., from a monthly plan to a yearly plan or from a lower priced monthly plan to a higher priced monthly plan), you will be credited for the days that you have not yet used on your lower priced plan. If you switch from a higher priced plan to a lower priced plan (i.e., from a yearly plan to a monthly plan or from a higher priced monthly plan to a lower priced monthly plan) you will not be credited for the days that you have used on your initial plan.
4.5.3 Anniversary Date. Once you enroll in a package plan, we will bill your credit card on the same date of each subsequent month or year, as the case may be (the "Anniversary Date"). With respect to the Trial Offer, the Anniversary date is the end of the Trial Offer. If the date on which you enrolled doesn't exist in certain future months (for instance, if you enroll on January 31, what happens in February and April?), we will bill your credit card on the closest available day. So, in the above example, we would bill your credit card not on February 31 but on March 1 or February 28 and, instead of April 31 but on April 30 or May 1. Should you elect to cancel your package plan and then enroll again at a later date, that later date will be your new Anniversary Date.
184.108.40.206 Notwithstanding the foregoing, if you change your billing plan, your Anniversary Date will remain the same if you change to a less expensive plan. If you change to a more expensive billing plan, your Anniversary Date will change to the date upon which you have made the change to the billing plan.
4.5.4 Billing. WE WILL BILL YOUR CREDIT CARD THE MONTHLY PACKAGE RATE EACH AND EVERY MONTH THEREAFTER (IF YOU HAVE SELECTED A MONTHLY BILLING OPTION OR ON A YEARLY BASIS IF YOU HAVE SELECTED A YEARLY BILLING OPTION) UNTIL YOU TELL US TO STOP (or until we decide to stop, whichever comes first). That way, you have continuous access to the films that are in the package program. Now, if you decide at some point that you want to cancel your enrollment, which you can do at any time, just click on "My Account", log-in and click on "cancel my subscription" (or similar) and follow the directions. Or, you can simply click here. Please note that once you cancel your enrollment your enrollment won't actually cancel until your next billing cycle. And, we won't provide you with a refund for the current month. So, what this means is, once we've charged you for a month or a year (as you have selected), you pay for that time period (and have access to the films for that time period). Of course, once you cancel, you can re-enroll at any time (but without access to the Trial Offer).
220.127.116.11 CinemaNow will automatically charge your account for renewal of your monthly (or yearly, as the case may be) plan. The renewal charge will be the same as the prior month's (or year's) charge, unless otherwise notified in advance. In the event CinemaNow cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. Once you purchase a monthly or yearly plan to access the Fee-Based Services, you may cancel at any time but CinemaNow will not refund any of your charges.
4.6 Terms Relating to Download and Burn Content.
4.6.1 Certain content (the "Burnable Content") on the Site may be available on a download and burn basis, that is, you can download the content and, using our technology, burn it to recordable optical media such as a CD-ROM or DVD-ROM that is playable on most DVD players and computer DVD-ROM drives.
4.6.2 Unless otherwise indicated on the Site, you are entitled to make one burn of a purchased piece of Burnable Content.
4.6.3 Your possession of the burned disc and/or the file that we download to you does not transfer any copyright or other rights in the Burnable Content to you (other than the right to view the content contained therein for you own personal use). All rights in and to the Burnable Content are reserved by their respective copyright holders.
4.6.4 CinemaNow makes no representation or warranty that your DVD burner or DVD player will work with our technology and/or Burnable Content.
4.6.5 You shall not (and shall not attempt to) rip the movie from the burned DVD or otherwise circumvent the digital rights management used to protect the burned disc and/or file that we download to you.
4.6.6 You shall not attempt to disassemble, reverse engineer or otherwise tamper with any of the CinemaNow technology used in connection with the download and burn offering.
4.7 General Terms Relating to Fee-Based Services.
4.7.1 In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
4.7.2 For purposes of identification and billing, you agree to provide CinemaNow with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at CinemaNow's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
4.7.3 You agree to promptly update your Registration Data, following help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
4.7.4 You agree not to assign, transfer or sublicense your rights as a customer of the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
4.7.5 Electronic Signatures And Contracts. Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.
4.7.6 Use Of Purchased Content. Your exclusive and sole remedy with respect to content for which you have paid but that you are not able to use will be either replacement (for example, make available for re-download) of such content, or refund of the purchase price paid for such content, which will be at CinemaNow's sole discretion. CinemaNow will not replace content or issues refunds if you have not complied with the system requirements and testing obligations set forth herein.
4.8 Terms Relating to Refunds. If you purchase a piece of Fee Based Content and are unable to view your selected film(s), please send an e-mail to email@example.com. We will work with you to try to solve your problem. If we are unable to do so we will refund your purchase.
5 TERMS RELATING TO SAVED SCENES
5.1 General. Our media player will allow you to "save" scenes of certain content. These scenes are saved on our servers, not on your local computer. Also, they are only available on a streaming basis, not a download basis. As such, you will need be connected to the Internet in order to use this feature.
5.2 No Right to Content. Your use of our saved scenes feature does not transfer any copyright in the saved scenes or any other rights in any content to you.
5.3 No Guarantee of Access. CinemaNow makes no guaranty that the scenes that you save will be available when you want to watch them or that they will always be available to you. We may, at any time, at our option, discontinue this feature, update features or take other actions that result in a loss of your saved scenes. Also, when CinemaNow's rights to the content that you saved expires, you will no longer be able to view or have access to those saved scenes.
6 TERMS RELATING TO OUR ADULT CONTENT ("ALLADULTCHANNEL" FILMS)
6.1 If you access any adult or mature content on the Site, you represent and warrant that you (i) are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing sexually oriented content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding sexually oriented materials; (v) believe that the content on this site appeals to the healthy and normal human interests and standards in your community; and (v) understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.
6.2 18 U.S.C. Section 2257 Compliance Notice. CinemaNow, Inc. & AllAdultChannel.com do not produce any content and make no representation about any content. All video products offered on this site have been licensed from their respective studios or producers (the "Licensor"). CinemaNow, Inc. is not in possession of any original 2257 disclaimers for any of the models; however, all of the Licensors that provide content licensed to CinemaNow, Inc. represent that all models appearing in their productions are over 18 and that the Licensor maintains all appropriate 2257 disclaimers or the equivalent.
7 LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS
7.1 Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that CinemaNow does not own or operate. Such hyperlinks are provided for your reference only. CinemaNow makes no warranties or representations regarding the availability of, or the content located on or through, such sites. CinemaNow does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on CinemaNow web sites are directed, nor does CinemaNow represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, CinemaNow does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site.
7.2 Third Party Postings. This Site may contain information or advertising for third parties. CinemaNow expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. CinemaNow shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, CinemaNow reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site.
7.3 "Opt-In" for special notices. CinemaNow may periodically make special offers or communications to users of its Site. If you would like to receive such offers or communications, you may "Opt-In" at any time by checking the "Opt-In" box that appears on the E-mail notices page of the Site, and providing the e-mail address you wish to use to receive such notices. If you change your mind at any time, you can reverse your option, or change your e-mail address, using the same page. Selecting the "Opt-In" option constitutes acceptance of CinemaNow's use of your e-mail address to send you notices pertaining to CinemaNow, its products and services, the Site, the Fee-Based Services, and related topics
9 PARTNERS POLICIES
Certain of our content licensors and other partners have specific rules and policies regarding the use of their content. You can see the policies of The Walt Disney Company and related entities here.
10 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
10.2 SUBJECT TO THE PROVISIONS OF SECTION 8.4 HEREINBELOW, NEITHER CINEMANOW NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES CINEMANOW, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CINEMANOW AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
10.3 NEITHER CINEMANOW, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.5 Termination. In addition to any other rights of the parties set forth herein, either you or CinemaNow may cancel or terminate this Agreement at any time in accordance with the help instructions. CinemaNow also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services and/or any part of the Site, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If CinemaNow terminates this Agreement based on a breach of any portion of this Agreement, CinemaNow reserves the right to refuse to provide any Fee-Based Services or other services to you in the future.
10.6 Indemnity. You hereby agree to indemnify, defend and hold harmless CinemaNow and its Affiliates from and against any and all liability and costs incurred by CinemaNow or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. CinemaNow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CinemaNow.
11 GENERAL TERMS.
(i) Electronic mail (e-mail) must be sent to feedback@CinemaNow
(ii) Mail and courier deliveries must be sent to:
4553 Glencoe Ave., Suite 200
Marina del Rey, CA 90292
11.8 Use in Other Locations. This site is controlled and operated by CinemaNow from its offices in the State of California, United States of America. CinemaNow makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
11.9 Force Majeure. CinemaNow shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
11.10 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.11 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
11.12 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.