INTRODUCTION AND DEFINITIONS
Caribbean Cinemas Website or caribbeancinemas.com is the website of Cinemas Management of P.R., Inc. (the Company) through which consumers may obtain information on the movies being played at the participating Caribbean Cinemas theatres, as well as the rating and showtimes of such movies. Users SOON will also be able to purchase movie tickets at caribbeancinemas.com, subscribe to Caribbean Cinemas newsletter and express an opinion.
CHANGES IN TERMS AND CONDITIONS
The Company reserves the right to change or discontinue any aspect or feature of caribbeancinemas.com, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. The Company reserves the right to change or modify the terms and conditions applicable to User’s use of caribbeancinemas.com, or any part thereof, or to impose new conditions, but not limited to, posting on caribbeancinemas.com, or by electronic or conventional mail, or by any other means by which User obtains notice of same. Any use of caribbeancinemas.com by User subsequent to such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User shall participate and use caribbeancinemas.com for lawful purposes only. User shall not post or transmit through caribbeancinemas.com any material which:
(i) violates or infringes in any way upon the rights of third parties; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless the Company has expressly approved such material in advance of its transmission in writing. Any conduct by a User that in the Company’s sole opinion restricts or inhibits any other User from using or enjoying caribbeancinemas.com is expressly prohibited.
Use Is At User’s Risk
USER EXPRESSLY AGREES THAT USE OF CARIBBEANCIENAMS.COM, IS AT USER’S OWN RISK. USER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF USER’S PASSWORD(S), IF ANY. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT CARIBBEANCINEMAS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CARIBBEANCINEMAS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CARIBBEANCINEMAS.COM.
DISCLAIMER OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. User SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
LIABILITY LIMITATION AND INDEMNIFICATION
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CARIBBEANCINEMAS.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CARIBBEANCINEMAS.COM . USER HEREBY UNDERSTANDS AND ACCEPTS THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CARIBBEANCINEMAS.COM.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CARIBBEANCINEMAS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, MORAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
User agrees to defend, indemnify and hold harmless the Company, their affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys fees, arising out of User’s use of caribbeancinemas.com.
EQUIPMENT FOR USER’S USE
User shall be exclusively responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of caribbeancinemas.com and for any/all charges related thereto.
COPYRIGHTS AND TRADEMARKS
Downloading Of Intellectual Property.
Caribbeancinemas.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, some of which are owned by the Company and some of which is owned by third parties, including Cinemas Management of P.R., Inc. In addition, the entire contents of caribbeancinemas.com is copyrighted as a collective work/compilation. The Company owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content itself. User is prohibited from modifying, publishing, transmitting, participating in the transfer or sale, creating derivative works, or in any way exploiting, any of the content, whether in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User understands and accepts that it does not acquire any ownership rights by downloading copyrighted material.
UPLOADING OF INTELLECTUAL PROPERTY
User shall not upload, post or otherwise make available on caribbeancinemas.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right. User is exclusively responsible for determining that any material is not protected by copyright. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and expressly holds the Company harmless for any such damages. By submitting material to any public area of caribbeancinemas.com, User automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on caribbeancinemas.com by User.
In addition to the copyright restrictions set forth above, caribbeancinemas.com , and other stylized versions are trademarks of the Company . All rights reserved. All other trademarks appearing on caribbeancinemas.com are the property of their respective owners.
A portion of caribbeancinemas.com’s content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on caribbeancinemas.com by anyone other than employee spokespersons of the Company while acting in their official capacities.
This Agreement, and any operating rules for caribbeancinemas.com established by the Company, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the use of caribbeancinemas.com.
This Agreement shall be construed in accordance with the laws to the Commonwealth of Puerto Rico, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the Commonwealth of Puerto Rico.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.