CINEMANOW TERMS OF SERVICE
Thank you for accessing the CinemaNow content distribution service ("CinemaNow"). Access to CinemaNow, CinemaNow website located at uk.cinemanow.com and/or any mobile, tablet, TV, Bluray player or other applications or "apps" (the "CinemaNow Website", "CinemaNow Apps" and collectively with CinemaNow, the "Service") is offered to you, the individual user, by CinemaNow Limited.
References to CinemaNow or "we" or "us" herein refer to CinemaNow Limited or its affiliates, subsidiaries and designees as deemed appropriate by CinemaNow Limited.
By downloading or streaming any content, utilizing the CinemaNow Website, the CinemaNow Apps or accessing any other part of the Service, you are agreeing to these terms of service and all other policies or notices posted by us on the CinemaNow Website (collectively, the "Terms").
If you do not agree to the Terms, do not use the Service. We can change the Terms at any time without any notice to you, and by continuing to use the Service, you agree to be bound by all such modifications or revisions. It is your responsibility to review these Terms from time to time for any changes as they create binding legal agreement between you and CinemaNow. If you are viewing these Terms online, for future reference, you should print out a copy of these Terms.
You may not use the Service and accept these Terms if you are not of legal age to form a binding contract with CinemaNow. More specifically, you must be at least 18 years of age to agree to and enter into this agreement and agree to these Terms on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present these Terms to your parent or legal guardian, and he or she must agree to the Terms on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By indicating your acceptance of these Terms, you represent that (i) you have read, understood and agree to be bound by the Terms and (ii) you are at least 18 years old, either entering into this agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. In addition, please be sure to specifically review the section in these Terms below titled "Minors" relating to use of the Service by persons under the age of 18.
PRIVACY AND USE OF CUSTOMER INFORMATION
OWNERSHIP AND INTELLECTUAL PROPERTY
Any and all audio and/or visual elements of the Service, including without limitation, any HTML, files, text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Service (collectively, the "Content") are the property of CinemaNow Limited or the content providers that license content it (the "Content Providers"). Access to and use of the Content are governed by these Terms. The Content you receive through the Service, including the copyrights in the Content, are owned by the Content Providers and/or their licensors, and are protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. CinemaNow, Content Providers and Content Providers' licensors do not transfer any title, right or interest to or in the Content to you.
CinemaNow, the CinemaNow logo, and other graphics, logos, icons, service names, product names and designations associated with CinemaNow and appearing in connection with the Service (collectively, the "Marks") are trademarks, registered trademarks or trade dress of CinemaNow in the U.K. and/or other countries. The Marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CinemaNow or the CinemaNow service. You may not use any meta tags or any other "hidden text" with any of the Marks without the express written consent of CinemaNow. All other trademarks not owned by CinemaNow that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CinemaNow.
Any software, including any CinemaNow Apps ("Software") that is made available to you to download, use and/or purchase from the Service is the copyrighted work of CinemaNow and/or third parties. Your use of the Software is governed by theese terms as well as the terms of any end user license agreement which may accompany or be included with the Software ("License Agreement").
ANY SOFTWARE IS ONLY WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT (IF AT ALL), ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
USE OF THE SERVICE
CinemaNow grants you a non-exclusive, non-transferrable, limited right and license to access and use this Service for your personal, non-commercial use, and view and privately display the Content by way of one or more computers or other authorized devices connected to the Service via IP networks only, and in strict conformity with these Terms. You may "cache" pages of the Service for the sole purpose of increasing the speed and efficiency at which you access the Service in the future and may download that Content that is available on the Service on a download basis. However, no other copy or use of any portion of the Service is permissible except as specifically permitted hereunder, and the same shall constitute an act of copyright infringement. By way of example, and not limitation, subject to the other conditions of these Terms, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Content, link or forward any web address to this Service, copy, counterfeit or paste the Content to any other website or web page. You may not publicly display any portion of the Service, or any films or other audiovisual or digital works available at this Service, without a written license signed by a party authorized to legally bind CinemaNow Limited to such a contractual arrangement. You may not duplicate or otherwise reproduce (including but not limited to "burning") the Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, VCDs or any other such device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised. Any other use or exploitation of this Service, including the Content, is strictly prohibited. Content delivered to you through the Service is licensed to you not sold, transferred or assigned to you. The Content may only be streamed to, or downloaded and stored on, an approved device. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Content from the Service. You agree that links to the Service are only permitted upon express written permission from and arrangement with CinemaNow. You acknowledge and agree that modification of the Content or use of the Content for any other purpose is a violation of our and possibly other third parties' copyright and proprietary rights. You agree to use the Content and this Service only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms, your permission to use the Service automatically and immediately terminates and you must immediately destroy any copy you may have of any of the Content. Any other use or exploitation of this Service, including the Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Service in any way.
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 Service. You hereby agree not to use the Service, the Content, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. Movie studios and other rights holders of Content may not purposefully "game" or manipulate use of the Service in order to artificially increase the usage of content that they control or have other interests in.
CinemaNow or its business partners may provide you and other users with access to the Service or elements of the Service on a variety of internet-connected or internet-connectable or other devices and CinemaNow reserves the right to determine which features of the Service are supported and marketed on specific devices and/or platforms.
CinemaNow does not warrant the truth or validity of the information contained on the CinemaNow Website or anywhere within the Service. 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, we are not responsible for errors in or omissions from the information contained or accessed through the Service. ALL INFORMATION AND CONTENT ON THE SERVICE 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.
Much of the content on the Service is inappropriate for children. As such, the Service 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 Content may be confusing or offensive to Minors. In cases where you have authorized a Minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such Minor; (ii) controlling the Minor's access to and use of the Service; and (iii) the consequences of any misuse by the Minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICE MAY CONTAIN MATERIAL THAT MAY BE INAPPROPRIATE FOR MINORS.
STREAMING/DOWNLOADING OF CONTENT
Certain of the Content may be available on a streaming basis, certain of the Content may be available on a download basis and certain of the 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 Content is indicated as such on the Service. Depending upon the geographic location of the user, the equipment that the user is using to access the Service, the bandwidth available to the user and other factors, certain users may not have access to streaming and/or downloadable Content.
CinemaNow may issue you (or you may create) a username and/or password for access to certain portions of, or services provided via, the Service. 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. You agree to notify us immediately of any unauthorized use of your password and/or account. CinemaNow shall not be responsible whatsoever for any unauthorized use of your account and you agree to indemnify and hold harmless CinemaNow for any improper, unauthorized or illegal use of the same.
UNLAWFUL OR PROHIBITED USES
The Service and CinemaNow website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
(a) Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service other than the search engine and search agents provided by CinemaNow or generally publicly available browsers;
(d) frame, mirror, or use framing techniques on any part of the Service without CinemaNow’s express prior written consent;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms;
(f) use any meta tags or any other hidden text utilizing CinemaNow’s name or marks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Service;
(i) conduct fraudulent activities on the Service;
(j) violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing", or "crashing"; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Service (impersonating the CinemaNow website) or to the Site (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of CinemaNow, including promotions and/or advertising of products or services;
(l) tamper with the Service or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Service;
(m) use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Site;
(o) restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);
(p) use the Site to advertise or offer to sell or buy any goods or services without Target's express prior written consent;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service; or
(s) remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
You acknowledge and agree that any public communications (to the extent now or later made available) made to or by means of any portion of the Service are public. You acknowledge that (i) you have no expectation of privacy in any public communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and CinemaNow by reason of your transmitting a public communication to any area of the Service. As used in these Terms, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Service. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). CinemaNow shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service for any reason whatsoever. CinemaNow reserves the right to expel you from or suspend your access to any or all parts of the Service for violating the law or these Terms. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Service and you acknowledge that CinemaNow may not be monitoring the Service and you are not relying upon CinemaNow to monitor the Service. We take violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Service, or e-mailing them to us, you automatically grant to CinemaNow a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) CinemaNow's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to CinemaNow's (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold CinemaNow harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against CinemaNow, arising out of or relating to CinemaNow's exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms.
You understand that through your use of the Service 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 Service 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.
You agree to provide accurate, current, and complete information required to use the Service and at other points as may be required in the course of using the Service. You further agree to maintain and update your information to keep it accurate, current, and complete. CinemaNow may terminate your right to use any or all of the Service if it determines, in its sole discretion, that any information you provide is false, inaccurate or incomplete.
You understand that any Content that is streamed and/or downloaded, whether via a purchase, rental or other transaction (including any Content that is made available promotionally, at no cost to you) through the Service may be distributed with technology and/or rules that protect digital information from access and may limit or restrict your usage of Content to certain usage rules established by CinemaNow and its licensors ("Usage Rules") in accordance with these Terms. You agree to comply with such Usage Rules. Usage Rules may be controlled and monitored by CinemaNow for compliance purposes, and CinemaNow reserves the right to enforce the Usage Rules with or without notice to you. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules. CinemaNow reserves the rights to modify the Usage Rules at any time.
DELIVERY AND STORAGE
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.
NO RIGHT TO CONTINUED SERVICE
You acknowledge that CinemaNow licenses some or all of the Content under agreement with third parties, and that we are constantly administering the Service, including the Usage Rules. We may add, delete or disable Content, and/or add, delete, disable or modify some or all of the Service, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Service to the same extent - or at all - as prior to such change or discontinuation, and (b) 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 Service. CinemaNow may also impose limits on the use of or access to certain features or portions of the Content or the Service, in any case and without notice or liability. For clarity, CinemaNow's right to discontinue provision of any Content or portions of the Service also applies to any "locker" or similarly-titled services whereby CinemaNow permits you to continue to access certain Content online via the "cloud" or remote storage functionality. If you purchase any content that you also intend to access via any such "locker" type Service, we strongly advise you to download such Content (to the extent that you are entitled to do so) so that you retain your own copy of it.
YOUR SERVICE MEMBERSHIP WILL CONTINUE UNTIL YOU OR WE AFFIRMATIVELY TERMINATE YOUR MEMBERSHIP.
You acknowledge and agree that once you create your CinemaNow account, it will remain active in perpetuity, until you affirmatively terminate your membership, unless we otherwise terminate your membership or stop providing the Service.
If you believe that something on our Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice
a. provide your physical or electronic signature;
b. identify the copyrighted work that you believe is being infringed;
c. identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
d. provide us with a way to contact you, such as your address, telephone number, or e-mail;
e. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
f. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
41 Chalton Street
Again, we cannot take action unless you give us all the required information. If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the Service, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of that content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which CinemaNow may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.
If a counter-notice is received by the Copyright Agent, CinemaNow may send a copy of the counter-notice to the original complaining party informing that person that CinemaNow may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
TERMS RELATING TO FEE BASED CONTENT
Some of the Content is available only on a fee basis (that is, you must pay to access the Content). This part of the Service is sometimes referred to herein as the "Fee-Based Services". Any one or more of the following types of Fee-Based Services may currently be available: (i) pay-per-view ("PPV") 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 Content during a specified time period and (ii) retained downloaded Video Content ("Retained Content") in which you must pay a set price to download that one particular piece of Content and may view said piece of Content an unlimited number of times during an unlimited time period, all as more fully set forth herein. Not all users of the Service (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 and certain of the terms and conditions contained herein may not be applicable to every user.
Our Fee-Based Service offerings are available at different price points, as indicated on the Service. 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 applicable Content and clearly marked when you enter your payment information. A valid credit card (VISA, MasterCard or American Express) or other payment mechanism that we may choose to accept will be required to pay for Content that is offered as part of the Fee-Based Services.
PAY PER VIEW OFFERINGS
A Currently, PPV Content is available to you for either 24 or 48 hours, depending upon the Content, from the time that you start watching the Content. 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 PPV Content 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 PPV Content, you will have to pay the PPV fee again.
RETAINED CONTENT OFFERINGS
Retained Content can be purchased initially and we may also offer you the opportunity to upgrade the quality of your previously purchased Retained Content (i.e, if you already purchased an SD or Standard Definition copy of certain Content, you may be offered the opportunity to upgrade the version of such Content that you may access to HD or High Definition). We may also offer Disc-To-Digital ("DTD") Content offerings (see "DISC-TO-DIGITAL CONTENT OFFERS" below). 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 the number of computers and/or other authorized devices, as well as to access that Content via streaming on such devices as specified on the Service for that piece of Retained Content. You will also have the right to view that piece of Retained Content an unlimited number of times for an unlimited period of time via the Service's locker functions (and, if applicable via your UltraViolet locker, as described under "ULTRAVIOLET CONTENT" below), however, as stated in these Terms, we cannot and do not guarantee that we will continue to provide the Service on a permanent or other continuing basis. If the piece of Retained Content that you have purchased does not download and play correctly, please follow the customer support instructions provided on our website and via our online FAQs. You may also be able to contact our Customer Support for additional assistance. If 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.
Disc-To-Digital or DTD, refers to an offering that may be included as part of the Service's Retained Content Offerings that allows Service users to access digital versions of applicable DVDs or Blurays that they already legally own. That is, if a user legally owns a certain physical DVD or Bluray version of a particular piece of Content, he or she may utilize the Service's DTD functionality to receive access to a digital version of such Content. The digital version that you receive will be subject to the same Usage Rules as other Retained Content Offerings that you purchase that are UltraViolet Content. DTD is only being offered in conjunction with UltraViolet accounts and you must create a valid UltraViolet account in order to utilize DTD; however your creating an UltraViolet account does not guarantee, in any way, that you will be able to utilize DTD. For more information about UltraViolet, see the section titled "ULTRAVIOLET™ CONTENT" below. DTD Service functionality requires the download of certain Software and is only available on certain devices. To use DTD, a Service user will (typically) be charged a fee for each DTD transaction and the fee may vary depending upon the applicable title, as well as the quality of the digital version that the user chooses to receive. For example, a user would probably be charged a lower fee to access an SD digital copy of a particular DVD then he or she would be charged to receive an HD version (though there is no guarantee that an HD version of any particular disc would even be offered and access to HD versions also requires HD-compatible devices that the Service supports). DTD is a new service that will initially only be made available to with limited Content. Only legally purchased DVD or Bluray discs for very specifically authorized versions of particular pieces of Contend will be eligible for DTD. If you have a DVD or Bluray disc that you think is eligible for DTD but the Service does not accept it, you will have no remedy whatsoever and you should not rely on any particular disc being accepted by the Service for DTD. If you do use a disc for a DTD transaction, you are not authorized to share that disc with another person for that person to conduct further DTD transactions. We reserve the right to limit or cancel your access to a previously converted title if we determine that the DVD or Blueray disc that was converted does not meet, or no longer meets, the eligibility requirements.
DISCLAIMER - ANY DTD CONTENT THAT MAY CURRENTLY BE OFFERED IS BEING MADE AVAILABLE AS PART OF A BETA, LIMITED, TRIAL BASIS. CINEMANOW DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO RECEIVE ANY DTD OFFERINGS, THAT ANY PARTICULAR CONTENT WILL BE MADE AVAILABLE FOR DTD AND/OR THAT THE DTD SERVICES WILL FUNCTION PROPERLY OR AT ALL. YOUR USE OF ANY DTD SERVICE OFFERINGS IS ENTIRELY AT YOUR OWN RISK.
GENERAL TERMS FOR FEE-BASED SERVICES
In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Service, including without limitation all telephone and Internet access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
For purposes of identification and billing, you agree to provide CinemaNow with accurate, complete, and updated information required by the site registration to the Fee-Based Services ("Registration Data"), including your legal name, address, telephone number(s), and applicable billing data. 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.
You agree to promptly update your Registration Data, following help instructions, in the event of any known or suspected unauthorized use of your account, 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.
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.
Your use of the Service 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 Service, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.
Your exclusive and sole remedy (to the extent that CinemaNow determines that you are entitled to redress, at its discretion) 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 issue refunds if you have not complied with the system requirements and testing obligations set forth herein.
If you purchase a piece of Fee Based Content and are unable to view your selected film(s), please visit the applicable support and FAQ areas of our site or applications. If necessary thereafter, you may also contact our Customer Support.
CinemaNow gift certificates and unused account balances are not redeemable for cash and cannot be returned for a cash refund exchanged; resold; or used to purchase gift certificates. Unused balances are not transferable. CinemaNow is not responsible for lost or stolen gift cards.
The full price of the Season Pass is charged when the purchase is made. You must connect to CinemaNow and download any remaining Season Pass content within 90 days after the content becomes available, after which that content may no longer be available for download as part of your purchase. If a network or studio delivers fewer TV episodes than planned when you purchased a Season Pass, we will credit to your account the retail value of the corresponding number of episodes.
LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS
This Service 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 Service, 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 Service, and to deny in its sole discretion your access or any user access to communications made available via this Service.
CinemaNow may periodically make special offers or communications to users of its Service. 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 Service, 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 RM CinemaNow's use of your e-mail address to send you notices pertaining to CinemaNow, its products and services, the Service, the Fee-Based Services, and related topics.
UNAUTHORIZED USE OF THE SERVICE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. CinemaNow reserves the right to bar any such activity, including via software and other electronic means.
You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any CinemaNow server, or to any of the services offered on or through any CinemaNow websites, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of any CinemaNow websites and/or the Service or any connected network, nor breach any of our security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to any CinemaNow website or the Services, or exploit the Service in any way where the purpose is to reveal any third party information. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of CinemaNow's websites, Service or other systems. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
TERMINATION AND MODIFICATION
CinemaNow reserves the right to restrict, suspend or terminate your access to the Fee-Based Services and/or any part of the Service, in whole or in part, without notice, in its sole discretion. If CinemaNow terminates your access to the Service based on a breach of any portion of these Terms, CinemaNow reserves the right to refuse to provide any Fee-Based Services or other services to you in the future. [If your account is terminated for any reason, CinemaNow will refund any U.S. dollar balance in your CinemaNow account.]
CinemaNow may at any time modify or discontinue any part of the Service; charge, modify or waive fees required to use the Service; or other opportunities to some of all Service users. CinemaNow reserves the right to amend these Terms at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms. Your continued use of the Service will indicate your acceptance of the current terms.
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.
THE SERVICE AND ALL CONTENT, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY "MATERIAL") OR SERVICES AVAILABLE AT THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED, USED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR ALL DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR DOWNLOAD OF ANY MATERIAL.
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, CINEMANOW, THE CONTENT PROVIDERS AND ANY OF ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIAL OR SERVICES AVAILABLE AT THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CINEMANOW, THE CONTEN PROVIDERS AND ANY OF ITS LINCENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, CINEMANOW, THE CONTENT PROVIDERS AND ANY OF ITS LICENSORS MAKE NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIAL OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE MATERIAL OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CINEMANOW OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CINEMANOW, THE CONTENT PROVDIERS NOR ANY OF ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
ACCESS OUTSIDE THE UNITED STATES
This Service is controlled and operated by Cinema Now in the United Kingdom. CinemaNow makes no representation or warranty that the Content in this Service is legal, appropriate or available for use in other locations. You may not stream or download or transmit Content outside of the United Kingdom. Those who choose to access this Service 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 Service may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to United States or United Kingdom export restrictions.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
You agree that a breach of the license rights granted hereunder and/or the restrictions thereon, may result in irreparable harm and significant injury to CinemaNow that may be difficult to ascertain. Accordingly, You agree that CinemaNow shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available at law or in equity.
The laws of United Kingdom will govern the Legal Notices and Conditions of Use without giving effect to any principles or conflicts of laws.
Last updated October 12, 2014