Terms of Use

Last Updated: July 9, 2018

 

This contract (the “Terms of Use” or this “Agreement”) is a binding, legal document between Spotlight Cinema Networks, LLC, its subsidiaries and affiliates (collectively, “Spotlight,” “we,” “us” and/or “our”), and you which governs the use of our website CineLifeEntertainment.com and the features and content contained on our website (collectively, our “Site”).

 

You may use the following quick links to assist you in navigating this Agreement:

 

 

1. Your Contract With Us

In addition to the terms and conditions listed in this Terms of Use, we have also incorporated a Privacy Policy into this Agreement. Our Privacy Policy lists our general information privacy practices.

 

By accessing or using our Site, you agree to be bound by our Terms of Use, our Privacy Policy and all applicable laws.

 

Requirements

We require that all users of our Site are at least 18 years old. By accessing or using our Site, you represent and warrant that you are legally able to form a binding contract with us, and you are not barred from accessing or using our Site under the laws of your jurisdiction. If you are not at least 18 years of age, you must not use our Site.

 

Updates/Modifications of our Terms of Use

We reserve the right to update or modify these Terms of Use at any time. If we make any material changes to these Terms of Use, we will notify users of these changes by updating the Terms of Use. All updates to these documents will be effective from the day they are posted on the Site. It is your responsibility to regularly visit and review this Agreement. If you do not agree to the modifications to these Terms of Use, simply stop using our Site. Your continued use of our Site after we have posted the revised Terms of Use or Privacy Policy signifies to us that you acknowledge and agree to be bound by the revised Terms of Use and/or revised Privacy Policy.

 

2. Our Site

License to Use the Site

If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use our Site in compliance with this Agreement.You agree that the grant of this license is contingent upon your agreement to use our Site only for purposes that are legal, proper and correspond with our Terms of Use and Privacy Policy.

 

Records and Disclosures

By accessing and/or using our Site, you acknowledge and agree that we may keep record of your activities or your User Content (as such is defined below in our “USER CONTENT” section). We may also disclose these activities or User Content in connection with the Site if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: comply with the law or legal process; enforce our Terms of Use or Privacy Policy; respond to claims that your activities in connection with the violate the rights of third parties; or to protect the rights, property, or personal safety of Spotlight, users of our Site, or the public.

 

Termination of Access to Our Site

By using our Site, you understand and agree that at our sole discretion, and with or without cause or notice to you, we can terminate this Agreement; or suspend or block your access to our Site.

 

If we suspend or terminate your access to the Site, your right to use our Site will stop immediately, and we will retain the ability to use User Content as set forth in this Agreement.

 

Internet Delays

Our Site may be subject to limitations, delays, and other problems that are associated with the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from these problems.

 

Disclaimers and Limitation of Liability

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Site is to stop using the Site and request that your information be deleted in accordance with our Privacy Policy.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, OUR SITE REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SITE WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO US FOR YOUR ACCESS TO OUR SITE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT OUR SITE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AUTHORIZED REPRESENTATIVE OF SPOTLIGHT WILL CREATE A WARRANTY.

 

Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

 

Your Indemnification of Spotlight

By accessing or using our Site, you agree to indemnify, defend and hold harmless Spotlight and our officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including reasonable attorneys’ fees) arising from or relating to:

  1. Any claim due to or arising out of your violation of the Terms of Use, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Use;
  2. Your use of and/or access to our Site;
  3. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
  4. The unavailability of our Site.

 

3. User Content

Our Site gives users a virtual platform where they can access information and contact us regarding our advertising services and promotional offers. You and other users may use our Site to send us content such as information (excluding personally identifiable information or aggregate information, as defined in our Privacy Policy), data, text, photographs, graphics, video, messages, tags, or other materials (“User Content”).

 

Code of Conduct

By using our Site, you represent, warrant and agree that you will not transmit to Spotlight any User Content that is or appears to be:

 

  • plagiarized, misleading, untrue, libelous, or invasive to another person’s privacy or protected data;
  • infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
  • anything that you do not have the legal right to transfer;
  • anything that you are legally bound not to disclose under contractual or fiduciary relationships including,
  • but not limited to, inside information or proprietary and confidential business information;
  • software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or
  • limit the functionality of any computer software, hardware, or telecommunication equipment;
  • obtained through unlawful means; or
  • in violation of any applicable local, state, federal or international law, regulation or statute (including export laws).

 

We take conduct and use violations very seriously. If you use our Site in a prohibited way, or in a way that we deem to be unacceptable, it will result in the possibility that we will pursue civil remedies against you without providing advance notice.

 

License

You grant us a perpetual, irrevocable, unlimited, non-exclusive, transferrable, worldwide, fully paid, and sub-licensable license to use, copy, perform, display, distribute, and make derivative works from, the User Content you submit to us through our Site, or through our email addresses displayed on the Site. You understand we may use your User Content, including your feedback, ideas or suggestions, without any obligation to compensate you for them (just as you have no obligation to offer them).

 

User Content Disclaimer

You, not Spotlight are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Content. We cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Content, or for any damage resulting from errors or omission in User Content. We expressly disclaim any and all liability in connection with User Content.

 

Email Accounts

You understand that all User Content is the sole responsibility of the owner of the email account from which the User Content originated, and you agree that you are solely responsible for all activities that occur on the Site through your email account(s), whether such activities result from you or any third party.

 

Harmful or Illegal Use

To the extent permitted by applicable law, you are NOT ALLOWED to circumvent security measures on our Site; or use the Site to commit a crime or to engage in activities harmful to Spotlight, our Site, users of our Site or members of the public.

 

4. Third Party Content, Websites and Services

Our Site may contain User Content or advertisements which link to third party websites and services that are not owned or controlled by us and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using our Site, you specifically release PEL from any and all liability arising from your: (a) use of any third party website; (b) use of any third party services, or (c) interaction with any third party.

 

5. Intellectual Property

Copy Restrictions

We respect the intellectual property rights of others and expect you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:

 

  • decompile, disassemble, or electronically transfer our Site to third parties;
  • modify our Site in any way;
  • reverse engineer, or permit others to reverse engineer, our Site;
  • copy the help features, text or other documentation associated with our Site;
  • rent, lend, publicly present, broadcast or distribute our Site;
  • make derivative works related to our Site;
  • translate our Site into another computer language; or
  • copy, modify, transfer, or use our Site in a way that is prohibited or not authorized by these Terms of Use.

 

Our Intellectual Property

The content provided on our Site is owned by us or is licensed to us. This includes, but is not limited to the text, graphics, photos, videos and interactive features created by and for us (collectively, “Spotlight Content”). This also includes trademarks, service marks, and logos contained in our Site (“Spotlight Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By using the Site, you are not granted a right or license to the Spotlight Content or Spotlight Marks other than as set forth in this Agreement.

 

The Spotlight Content and Marks displayed on our Site are provided to you AS IS, for your information and personal use only. Spotlight Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of Spotlight Content obtained through our Site for any commercial purpose.

 

Copyright Infringement

If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please send the following information to Info@SpotlightCinemaNetworks.com:

 

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the allegedly infringing material is located on the Site, with enough detail that we are able to find it on the Site;
  • Your Address, Telephone Number, and Email Address where you may be reached;
  • A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, its agent, or the law; and
  • A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf.

 

6. Additional Provisions

a. Entire Agreement

These Terms of Use and our Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Spotlight regarding your use of the Site, superseding any prior agreements between you and Spotlight for the use of our Site. The provisions limiting our liability will survive the expiration or termination of this Agreement.

 

b. Choice of Law and Forum

This Agreement, our Privacy Policy and the relationship between you and Spotlight are governed by the laws of the state of California. You agree to submit any matter which does not exceed the jurisdictional limit of the small claims court and which arises from or relates to this Agreement, our Privacy Policy, or the Site, to the personal and exclusive jurisdiction of the small claims courts located within the county of Los Angeles in the state of California.

 

Any disputes which exceed the jurisdictional limit of the small claims courts mentioned above, and which arise from or relate to this Agreement, our Privacy Policy or the Site, will be resolved by arbitration before a single arbitrator and administered by the American Arbitration Association taking place in Los Angeles, California. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. By using or visiting the Site, you hereby consent to any such disputes being so resolved.

 

c. Location and Data Transfers

The servers that make our Site available may not be located in the country where you live and are governed by U.S. Law. By using our Site, you agree to the transfer, collection, processing and use of data by us as set forth in this Agreement and our Privacy Policy.

 

d. Assignment

We may assign or transfer (whether by merger, reorganization, consolidation, or otherwise) this Agreement or any obligation incurred under this Agreement. We may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.

 

e. Waiver and Severability of Terms

If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If we do not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions.

 

f. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

g. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there will not be third party beneficiaries to the Terms of Use.

 

h. No Agency

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and Spotlightby this Agreement.

 

i. Notice

We reserve the right to contact you in connection with our or your compliance with, and the performance of, these Terms of Use or any activities related to our Site. You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email or postings on our Site.

 

7. Questions and Assistance

If you have any questions regarding the Site, Spotlight, this Agreement, our Privacy Policy, or otherwise require assistance or additional information, please email us at: Info@SpotlightCinemaNetworks.com.

 

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