2. The Playdium Website
4. Modification of the Website Terms
We reserve the right, at our sole discretion, to change modify, add or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.
5. Responsibility For Minors
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. Playdium 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), which 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.com or other analogous sites providing information on such protections. (Note: The preceding links are provided for information purposes only. Playdium is not affiliated with these entities and the foregoing is not intended as an endorsement of these entities, their services or policies.) If for any reason Playdium believes a user may be under the age of 13, Playdium 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.
6. Prohibited Use
As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. If you reside outside of Canada, you acknowledge that you are responsible for ensuring that your use of the Website complies with all rules, laws, and regulations in the jurisdiction where you reside, including, without limitation, laws concerning intellectual property, the Internet, data and privacy.
- You may not use the Website or Content for commercial purposes. You agree not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Website and/or Content or use the Website and/or Content for any other purpose other than your personal, private, non-commercial purposes. o You agree that you will not use the Website and/or Content to defame, harass, abuse, threaten or stalk others or to collect or attempt to collect personal information about users or other third parties.
- You agree not to, intentionally or otherwise, damage, impair or disable the Website and/or Content or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, adware or other malicious code.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Website and/or Content or features that prevent or restrict the use or copying of any content accessible through the Website and/or Content.
- You agree that you will not attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content, through hacking, password mining or any other means or interfere or attempt to interfere with the proper operation of the Website and/or Content.
- You agree not to use framing techniques to enclose trademarks, logos or other materials posted on the Website or use any of our META tags or other "hidden text" on the Website or contained in the Content without our express written permission.
- You agree not to make unsolicited offers, advertisements, spam and proposals to other users of the Website.
- You agree not to modify, adapt, translate or create derivative works based on the Website or any part thereof. Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of law.
7. Ownership/Proprietary Rights
9. Advertising and Links
11. Posting and Commenting Guidelines
You acknowledge and agree that when using the Website, you may be exposed to usersubmitted content ("User Submissions") from a variety of sources, and that neither Cineplex nor Playdium are 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 or Playdium with respect thereto. You retain all of your ownership rights in any User Submissions that you post to the Website. By uploading and/or posting your User Submission to the Website, you grant Cineplex and/or Playdium 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 and Playdium; (b) consent to your name 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, and (c) acknowledge and agree that neither Cineplex not Playdium are responsible for any loss, damage, or corruption that may occur to your User Submission. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website. You acknowledge and agree that neither Cineplex nor Playdium shall in way be responsible for any authorized and/or unauthorized use, reproduction, distribution or display of your User Submissions by any third party. Neither Cineplex nor Playdium endorse any User Submissions posted on the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Cineplex and Playdium expressly disclaims any and all liability in connection with all User Submissions posted on the Website. Neither Cineplex nor Playdium permit or condone copyright infringing activities and infringement of intellectual property rights on the Website and we will remove all User Submissions if notified that such User Submission infringes on third party intellectual property rights. We reserve the right to remove any User Submission posted on the Website without prior notice and without reason. Neither Cineplex nor Playdium condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. Cineplex and /or Playdium shall make reasonable efforts to monitor User Submissions at all times to determine compliance with Website Terms and any operating rules established by Playdium and to satisfy any law, regulation or authorized government request. With respect to your User Submission, you agree to not use the Website to submit any content that: is offensive or that promotes racism or hatred; could be harmful to minors; harasses or bullies others; is false, misleading or illegal; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; contains or displays content of a sexually explicit nature, nudity or sexual activity; facilitates the impersonation of another person; 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); engages in commercial activities and/or sales without Cineplex’s and/or Playdium's prior written consent. 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 by contacting Guest Services. Cineplex and/or Playdium reserves the right to investigate and take appropriate legal action against anyone who, in Cineplex’s and/or Playdium's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. In addition, we reserve the right, in our sole discretion, to remove any User Submission without prior notice and for any reason. You are solely responsible for the User Submissions you post on the Website and the consequences of submitting and publishing your User Submissions. You represent, and warrant that your User Submissions do not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Cineplex and Playdium all of the license rights granted herein. You agree to indemnify, save and hold Playdium and Cineplex (including its affiliated companies, successors, assigns, agents, officers, directors, employees, representatives, partners, licensors, and/or licensees) (the "Released Parties") harmless from any claims, losses, damages, liabilities, including legal fees and expenses arising from any violation by you of these Website Terms, or any breaches of the representations and warranties made by you herein. Playdium and Cineplex reserves the right, at your expense, to assume the exclusive defence and control of any matter for which are you are required to indemnify the Released Parties and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Online Ticket Purchases
15. Other Countries
This Website may be accessed from countries around the world, other than Canada, and may contain references to products, services, and programs available at Playdium that have not been announced and are not available in your country. These references do not imply that Playdium intends to announce or make available such products, services or programs in your country. Neither Cineplex nor Playdium make any representation or warranty that the content on this Website is appropriate, available for use or legal in countries, territories or lands other than Canada. Neither Cineplex nor Playdium make any representation or warranty that accessing this Website from countries, territories or lands other than Canada is not prohibited. Those who choose to access this Website from countries, territories or lands other than Canada do so entirely on their own initiative and entirely at their own risk, and they are solely responsible for the consequences of same, and for compliance with their local laws.
17. Dispute Resolution