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Acceptance of Terms
Welcome to 3DMOVIES. By signing up for or using
the various 3DMOVIES.COM services and products,
including without limitation the 3DMOVIES.COM Web
site, the 3Movies.com Web site and any other Web
site operated or owned by 3DMOVIES.COM (each a
"Site"), online mobile service, and telephone
service, and/or purchasing movie or other event
tickets, 3DMOVIES.COM Pointz, or other products
or services offered by 3DMOVIES.COM,
3DMovies.com or any affiliate (collectively, the
"Service") you ("you" or "your") agree that you
have read, understand and agree to be legally
bound by the terms and conditions set forth or
referenced below ("Terms of Use"). If you do not
agree to these Terms of Use, do not use or
access the Service. 3DMOVIES.COM reserves the
right to change these Terms of Use from time to
time and at its sole discretion. Your continued
use of the Service following the posting of any
changes to the Terms of Use constitutes your
acceptance of such changes.
http://www.3DMOVIES.COM.com/terms_of_use.htm
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Permitted Use
The Service is for your personal and
non-commercial use. Unless otherwise agreed to
in writing by 3DMOVIES.COM, you agree that you will
not use the Service or duplicate, download,
publish, modify or otherwise distribute or use
any material included in the Service for any
purpose, except to review the information
included in the Service, to subscribe to
programs included in the Service, and to
purchase movies, 3DMOVIES.COM Pointz, or other
products offered by 3DMOVIES.COM for your personal
use. You also agree that you will not link to
any page on the Service other than 3DMOVIES.COM's
home page (for example, "deep linking"), without
3DMOVIES.COM's prior written consent. Use of the
Service or the materials or content contained in
the Service for any purpose not set forth in
these Terms of Use is prohibited.
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Registration, Accounts and Passwords
You agree to (1) provide true, accurate,
current and complete data about yourself on the
3DMOVIES.COM registration form ("Registration Data")
and (2) promptly update the Registration Data to
keep it true, accurate, current and complete. If
you fail to do any of these things, 3DMOVIES.COM
will have the right to suspend or terminate your
use of the Service and/or terminate your
account. You will receive a password and account
upon completing the registration form. You are
solely responsible for maintaining the
confidentiality of your password and account,
and you are solely responsible for all use of
your password or account, whether authorized by
you or not. You agree to (a) immediately notify
3DMOVIES.COM of any unauthorized use of your
password or account or any other breach of
security and (b) ensure that you exit from your
account each time you use the Service. Access
and use of password protected and/or secure
areas of the Service is restricted to users who
have been given a valid password by 3DMOVIES.COM.
Unauthorized individuals attempting to access
these areas of the Service may be subject to
prosecution.
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Privacy Policy
Your use of the Service is governed by the
3DMOVIES.COM Privacy Policy located at
Privacy Policy of
3dmovies.com, which
is incorporated by this reference. You agree to
3DMOVIES.COM's collection, use and sharing of your
information as set forth in the 3DMOVIES.COM Privacy
Policy.
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Purchases
You agree that all purchases made by you on
the Service cannot be exchanged and are
non-refundable. All purchases are subject to
3DMOVIES.COM's service fees and charges, which are
also non-refundable. You will be responsible for
paying all applicable taxes in connection with
your purchase of any tickets. You may not be
able to use tickets purchased on the Service if
you do not follow our Purchase Policy, located
at
http://www.3DMOVIES.COM.com/Return_policy.htm.
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User Conduct
You agree that you will not use the Service
to upload, post, or otherwise distribute or
facilitate distribution of any material that (1)
is libelous, defamatory or slanderous; (2) is
sexually suggestive or contains explicit sexual
content (including nudity); (3) does or may
denigrate or offend any individual or group on
the basis of religion, gender, sexual
orientation, race, ethnicity, age, or
disability; (4) does or may threaten, abuse,
harass, or invade the privacy of any third
party; (5) infringes the rights of any third
party, including, without limitation, patent,
trademark, trade secret, copyright, right of
publicity, or other proprietary rights; (6)
condones, promotes, contains or links to warez,
cracks, hacks or similar utilities or programs;
(7) constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as
"spam"), chain letters, any other form of
unauthorized solicitation, or any form of
lottery or gambling; (8) contains a software
virus or any other computer code that is
designed or intended to disrupt, damage, or
limit the functioning of any software, hardware,
or telecommunications equipment, or to damage or
obtain unauthorized access to any data or other
information of any third party; (9) impersonates
any person or entity, including any employee or
representative of 3DMOVIES.COM; or (10) violates any
applicable law or these Terms of Use. You agree
that you will not collect information about
third parties via the Service or use any such
information for the purpose of transmitting or
facilitating transmission of unauthorized or
unsolicited advertising, junk or bulk e-mail,
chain letters, or any other form of unauthorized
solicitation. You agree that you will not engage
in the systematic retrieval of data or other
content from the Service to create or compile,
directly or indirectly, a collection,
compilation, database or directory, without
3DMOVIES.COM's prior written consent. You agree not
to take any actions for the purpose of
manipulating or distorting, or that may
undermine the integrity and accuracy of, any
ratings or reviews of any movie or other
entertainment program, service or product that
may be presented by the Service.
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Grant of Limited License
If you post any content to the Service, you
hereby grant 3DMOVIES.COM and its affiliates and
licensees a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and license to
use, reproduce, publicly display, publicly
perform, modify, sublicense, and distribute such
content, and incorporate it in other works, in
whole or in part, in any manner and any media
now known or hereafter developed. You represent
and warrant that you own such content or
otherwise have sufficient rights in the content
to grant to 3DMOVIES.COM the license set forth in
this section without infringing or violating the
rights of any third party.
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Copyrights
3DMOVIES.COM respects the intellectual property
of others, and we ask our users to do the same.
If notified of allegedly infringing, defamatory,
damaging, illegal, or offensive content,
3DMOVIES.COM may, in its sole discretion,
investigate the allegation and/or edit, remove
or request the removal of such content.
Notwithstanding the foregoing, 3DMOVIES.COM does not
ensure that any such content will be edited or
removed. 3DMOVIES.COM may terminate the accounts of
users who infringe the intellectual property
rights of others.
Therefore, and in compliance with 17 U.S.C.§
512, if you believe that any such third party
materials infringe your intellectual property
rights, please contact the following agent to
request a review of the alleged infringement:
3DMOVIES.COM, LLC., Attn: General Counsel,
support@3dmovies.com
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Proprietary Rights
3DMOVIES.COM owns all right, title and interest
in and to the Service and all materials and
content contained in the Service, including,
without limitation, all content, site design,
logos, button icons, images, digital downloads,
data compilations, text, and graphics are
protected by copyright, trademark and other
intellectual property laws. Any unauthorized use
of the materials provided as part of the Service
is strictly prohibited.
Permission is granted to individual consumers
to electronically copy and to print hard copy
portions of the Site or other Service solely for
personal use. Any other use of materials on the
Site or other Service, including reproduction
for purposes other than those noted above,
modification, distribution, or republication,
any form of data extraction or data mining, or
other commercial exploitation of any kind,
without prior written permission of an
authorized officer of 3DMOVIES.COM is strictly
prohibited. You agree that you will not use any
robot, spider, other automatic device, or manual
process to monitor or copy our Web pages or the
content contained therein without prior written
permission of an authorized officer of 3DMOVIES.COM.
3DMOVIES.COM ® and 3DMOVIES.COM Pointz® are
proprietary service marks of 3DMOVIES.COM, Inc.
3DMOVIES.COM's service marks/trademarks may not be
used in connection with any product or service
that is not provided or authorized by 3DMOVIES.COM,
in any manner that is likely to cause confusion
among customers, or in any manner that
disparages or discredits 3DMOVIES.COM.
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DISCLAIMER OF WARRANTIES
3DMOVIES.COM PROVIDES THE SERVICE ON AN "AS IS"
AND "AS AVAILABLE" BASIS. 3DMOVIES.COM, ITS
AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL
WARRANTIES AND CONDITIONS, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, 3DMOVIES.COM DOES
NOT WARRANT THAT THE SERVICE WILL (1) BE
UNINTERRUPTED; (2) BE FREE FROM INACCURACIES,
ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3)
MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE
CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE
YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT
YOUR RISK.
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EXCLUSION OF DAMAGES
3DMOVIES.COM, AND ITS SUBSIDIARIES AND LICENSORS
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES RELATING TO LOST PROFITS, LOST DATA OR
LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT
RESULT FROM YOUR USE OF OR INABILITY TO USE THE
SERVICE. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL
THEORY, AND EVEN IF 3DMOVIES.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING
THE FOREGOING, 3DMOVIES.COM WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR
FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION,
ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO
THE SERVICE BY YOU OR ANY THIRD PARTY.
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LIMITATION ON LIABILITY
IN NO EVENT WILL 3DMOVIES.COM'S LIABILITY TO YOU
IN CONNECTION WITH THE SERVICE OR THESE TERMS OF
USE EXCEED THE AMOUNT PAID BY YOU TO 3DMOVIES.COM IN
THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT
WHICH GAVE RISE TO THE LIABILITY.
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APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND
LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR
THE EXCLUSION OF DAMAGES, 3DMOVIES.COM'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
SMALLEST EXTENT PERMITTED BY THE LAW OF SUCH
JURISDICTION. IN ADDITION, BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF
CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN
SECTION 10 MAY NOT APPLY TO YOU.
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THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM
THE SERVICE ARE NOT CONTROLLED BY 3DMOVIES.COM.
ACCORDINGLY, 3DMOVIES.COM MAKES NO WARRANTIES OR
CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES
AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB
SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT
YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A
LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN
ENDORSEMENT BY 3DMOVIES.COM.
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Indemnification
You will indemnify and hold harmless 3DMOVIES.COM
and its representatives, agents, affiliates,
directors, officers, employees, managers and
shareholders (the "Indemnified Parties"), and at
3DMOVIES.COM's option defend the Indemnified
Parties, from and against any damage, loss, cost
or expense (including without limitation, legal
fees and costs) incurred in connection with any
third-party claim, demand, proceeding or action
("Claim") brought against any of the Indemnified
Parties arising out of your use of the Service
or any alleged breach by you of any provision of
these Terms of Use. If you are obligated to
indemnify 3DMOVIES.COM, 3DMOVIES.COM may, in its sole
and absolute discretion, control the defense and
disposition (including its possible settlement)
of any Claim at your sole cost and expense.
Without limitation of the foregoing, you will
not settle, compromise or in any other manner
dispose of any Claim without the written consent
of 3DMOVIES.COM.
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Termination
In its sole and absolute discretion, with or
without notice to you, 3DMOVIES.COM may (1) suspend
or terminate your use of the Service, or (2)
terminate your account. You may terminate your
account for any reason by emailing 3DMOVIES.COM at
unsubscribe@3DMOVIES.COM.com. 3DMOVIES.COM shall not be
liable to you or any third party for any claims
or damages arising out of any termination or
suspension of the Service.
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General
These Terms of Use and the relationship
between you and 3DMOVIES.COM shall be governed by
the laws of the United States and the State of
Florida without regard to its conflict of law
provisions. Any action or proceeding arising
from, relating to or in connection with these
Terms of Use will be brought exclusively in the
federal or state courts located in Miami,
Florida, and you irrevocably consent to the
personal jurisdiction of such courts and agree
that it is a convenient forum and that you will
not seek to transfer such action or proceeding
to any other forum or jurisdiction, under the
doctrine of forum non
conveniens or otherwise. No failure or delay
by 3DMOVIES.COM in exercising any right, power or
privilege under these Terms of Use will operate
as a waiver thereof, nor will any single or
partial exercise of any right, power or
privilege preclude any other or further exercise
thereof or the exercise of any other right,
power, or privilege under these Terms of Use.
The invalidity or unenforceability of any
provision of these Terms of Use will not affect
the validity or enforceability of any other
provision, all of which will remain in full
force and effect. You agree that regardless of
any statute or law to the contrary, any claim or
cause of action arising out of, related to or
connected with the use of the Service or these
Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be
forever barred. The section titles in these
Terms of Use are for convenience only and have
no legal or contractual effect. These Terms of
Use represent the entire understanding of the
parties regarding its subject matter, and
supersede all prior and contemporaneous
agreements and understandings between the
parties regarding its subject matter. These
terms and conditions are binding upon and shall
ensure to the benefit of both parties and their
respective successors, heirs, executor,
administrators, personal representatives and
permitted assigns. You shall not assign your
rights or obligations hereunder without
3DMOVIES.COM's prior written consent.