Cinemagic and its affiliates (collectively, “Cinemagic,” “we,” “us,” or “our”) own or license all right, title, and interest in and to the website located at www.cinemagicmovies.com (the “Website”) and any related mobile application (the “App,” and collectively with the Website, the “Services”). We welcome you to use our Services and wish to inform you about some important points to consider while using the Services. We have established the following terms and conditions (the “Agreement”) with which you must comply when you access or use the Services. All references to “you” or “your” refer to you and the entity on behalf of which you use the Services.
BY ACCESSING OR SUBMITTING CONTENT (AS DEFINED BELOW) TO THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR SUBMIT CONTENT TO THE SERVICES.
From time to time, Cinemagic may without advance notice: (a) supplement or make changes to this Agreement and other rules or access and use procedures, documentation, security procedures and standards for equipment related to the Services, or (b) modify or withdraw any Service. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the modification.
Cinemagic and its licensors and suppliers own all information, text, reports, analyses, data, graphics, images, sound recordings, audio and visual clips, Third Party Elements (as defined below) photographs, programs, applications, software, and other content (except User Content as defined below) contained in the Services, as well as the collection, design, production, selection and arrangement thereof (collectively, the “Cinemagic Material”). We may incorporate third party software as part of the Services, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, and logos appearing in the Services (collectively, the “Trademarks”) are owned by or licensed to Cinemagic and are used with permission of the owner. The Trademarks and Cinemagic Material are protected by trademark, copyright, and other intellectual property laws. Cinemagic requires you to respect the intellectual property rights that we have in the Cinemagic Material and in the Trademarks.
Cinemagic hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Services in accordance with the terms of this Agreement. You may view the Cinemagic Material through the Services solely for your personal and non-commercial use. You agree to retain all proprietary notices on any copy you make of the Cinemagic Material. This license does not give you any ownership or intellectual property interest in any Cinemagic Material or the Trademarks.
Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Cinemagic Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the Cinemagic Material for commercial purposes without written permission from Cinemagic is strictly prohibited.
All rights not expressly granted to you under this Agreement are reserved by Cinemagic.
3. PERSONAL INFORMATION
4. USER CONTENT
To the extent that the Service permits, you may submit photographs, images, videos, information, comments, suggestions, graphics, drawings, designs, or other similar materials (collectively, “User Content”) to Cinemagic via the Services. By uploading or submitting any User Content to Cinemagic, you represent and warrant that you are the original author, owner, or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. When you submit User Content to Cinemagic, you grant Cinemagic a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free, freely transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, and distribute the User Content, and to incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you. You also warrant that all moral rights or publicity rights that may have been in such User Content are voluntarily waived by you. Cinemagic reserves the right to modify, delete or refuse any User Content. No User Content will be subject to any obligation of confidence on the part of Cinemagic.
You agree not to do any of the following: (i) transmit to the Services material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; (iii) send material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes; (viii) impersonate another person or entity; (ix) post, upload or share any content or information that is false, inaccurate or misleading; or (x) post, upload or share any content or information that contains any virus, worm, malware or other potentially damaging programs or data.
You agree that disputes arising from an alleged violation of intellectual property rights may result in Cinemagic or its affiliates suffering irreparable harm and that, in the event of such a dispute, Cinemagic or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
5. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Certain content on the Services is from third parties not within Cinemagic’s control. Cinemagic is under no obligation to, and does not, scan such third party content used in connection with the Services for the inclusion of illegal or impermissible content. However, Cinemagic respects the copyright interests of others and does not knowingly permit content that infringes another party’s copyright. It is Cinemagic’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
If you believe any content on the Services infringe a copyright, you should provide Cinemagic with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cinemagic to locate the material;
- Information reasonably sufficient to permit Cinemagic to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to Cinemagic’s designated agent as follows:
80 Palomino Lane, Suite 204
Bedford NH 03110
6. PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with the Services:
- criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, trademark infringement, copyright infringement, patent infringement, or trade secret theft;
- using any information contained in the Services for purposes of constructing a competing service;
- web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Trademarks, Cinemagic Material or other proprietary information of Cinemagic or its licensors and suppliers;
- any automated use of the Services or User Content, such as using scripts to add subscribers or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Services;
- removing copyright, trademark or other proprietary rights notices contained in or on the Services;
- using robots, spiders, or other automated devices to retrieve or index any portion of the Services;
- attempting to impersonate another person or entity;
- using any information obtained from the Services to harass, abuse, or harm another person;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Services on behalf of that person; or
- using the Services in a manner inconsistent with applicable laws and regulations.
Cinemagic reserves the right to investigate and take appropriate legal action against anyone who, in Cinemagic’s sole discretion, violates this section, including without limitation, reporting such violations to law enforcement authorities.
Cinemagic may, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. Cinemagic reserves the right to terminate your account and prevent you from accessing the Services at any time and for any reason, including, but not limited to, your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the Cinemagic Material and obligates you to immediately destroy any copies of the Cinemagic Material in your possession.
8. DISCLAIMER OF WARRANTIES
THE SERVICES and THE CINEMAGIC MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SUPPLIER, ITS LICENSORS, AGENTS AND INDEPENDENT CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, CINEMAGIC MATERIAL AND THIRD PARTY ELEMENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
CINEMAGIC MATERIAL AND THIRD PARTY ELEMENTS MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. CINEMAGIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING: (I) THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY, OR RELIABILITY OF ANY CINEMAGIC MATERIAL AND THIRD PARTY ELEMENTS; (II) ANY OPINION, INFORMATION, ADVICE OR STATEMENT EXPRESSED BY CINEMAGIC OR INDEPENDENT CONTRACTORS ON THE SERVICES; OR (III) ANY RESULTS TO BE OBTAINED FROM USING THE SERVICES OR RELYING ON THE CINEMAGIC MATERIAL AND/OR THE THIRD PARTY ELEMENTS.
CINEMAGIC DOES NOT WARRANT THAT: (I) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL THAT YOU OBTAIN FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; (II) THE SERVICES WILL OPERATE UNINTERRUPTED AND ERROR-FREE; (III) THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL; OR (IV) THE SERVICES WILL OPERATE IN PERPETUITY.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.
9. LIMITATION OF LIABILITY
YOU USE THE SERVICES AND THE CINEMAGIC MATERIAL IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CINEMAGIC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CINEMAGIC MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CINEMAGIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CINEMAGIC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. CINEMAGIC IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE SERVICES.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN ANY EVENT, THE MAXIMUM LIABILITY OF CINEMAGIC TO YOU FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THE SERVICES, CINEMAGIC MATERIAL AND THIRD PARTY ELEMENTS WILL IN NO EVENT EXCEED TEN DOLLARS ($10).
10. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
You agree to defend, indemnify, and hold harmless Cinemagic and its affiliates, officers, directors, members, managers, employees, contractors, agents, advisors and Independent Contractors from and against any action, claim, demand, damages, costs or expenses (including attorneys’ fees and court costs) arising out of: (i) your use of the Services or submission of User Content; (ii) any conduct by you that violates the terms of this Agreement; or (iii) your infringement of the intellectual property rights of third parties.
12. GENERAL PROVISIONS
This Agreement is governed by the laws of State of Hampshire without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in New Hampshire, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.
Cinemagic’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
Cinemagic may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Cinemagic.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere on the Services, this Agreement constitutes the entire agreement between you and Cinemagic with respect to your use of the Services.
Cinemagic does not provide you with the equipment to use the App. You are responsible for all fees charged by third parties to access and use the App (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Services (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier), as we may send communications to you on your mobile device. Accordingly, you should use care in selecting a service plan offered by your carrier.
Cinemagic shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Cinemagic’s control. User acknowledges that the performance of certain of Cinemagic’s obligations may require the cooperation of third parties designated by User and outside the control of Cinemagic In the event such third parties fail to cooperate with Cinemagic in a manner that reasonably permits Cinemagic to perform its obligations, such failures shall be consider as causes beyond the control of the Cinemagic for the purposes of this Section and shall not be the basis for a determination that Cinemagic is in breach of any of its obligations under this Agreement or is otherwise liable.
Last updated; May 2017