Cinemark Terms of Service
Cinemark Terms of Service
These Cinemark Terms of Service (the “Terms of Service”) govern use of the Cinemark website located at www.cinemark.com (the “Site”), the Cinemark mobile app (the “App”), and the services provided in connection with the Site and the App, including the ability to purchase movie tickets, gift cards, Supersavers discounts, concessions, and certain merchandise provided by, or through, Cinemark USA, Inc. (“Cinemark,” “us,” “our,” “we”) as well as participation in the Cinemark Movie Rewards Program and the provision by Cinemark, or use by any person of any other functionality on the Site, such as the advertising of films or the viewing of movie trailers (the Site and App together with the applicable programs, services, and functionality constituting the “Service”). Use of the Service is subject to your compliance with the terms and conditions set forth in these Terms of Service.
Additional Terms: In addition to these Terms, participation in the Cinemark Movie Rewards Program is subject to the additional terms and conditions applicable to that program and located at Movie Reward Terms.
Acceptance of these Terms of Service: Please read the following information carefully before using the Service. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms of Service and are bound by them.
Notice Regarding Arbitration and Dispute Resolution: Unless you opt-out of arbitration in accordance with Section 9(f), you and Cinemark AGREE THAT Any future DISPUTES BETWEEN YOU and Cinemark WILL BE RESOLVED BY BINDING ARBITRATION, in accordance with Section 9. Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, class Arbitration, OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 9 BELOW.
1. Modifications to these Terms of Service. Cinemark reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms of Service from time to time. By clicking “I agree” when using the Site or App, after any changes to these Terms of Service have been posted, you accept those changes.
Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to these Terms of Service, you must notify Cinemark and request termination of your Cinemark account.
2. Privacy; Collection and Use of Certain Information. These Terms of Service incorporate our Privacy Notice. In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
3. Use of the Service
a. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (i) the information you submit to the Service is truthful and accurate; (ii) your use of the Service does not violate any applicable laws or regulations; and (iii) you are at least thirteen (13) years of age as a user of the Site or App, and a least sixteen (16) years of age as a participant in the Cinemark Movie Rewards Program, and otherwise have legal capacity to legally enter into these Terms of Service. If you are at least thirteen (13) years old but not of legal age to enter agreements, you MUST have permission from your parent or guardian to use the Site and/or the App.
b. Account Creation. When you create a user account through the Service you will be required to create a user I.D. and password that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password, and for any and all activities that occur under your user account.
c. Prohibited Activities. In connection with your use of the Service, you agree that you will not, and will not permit others to:
(i) Provide any unauthorized third party with access to the Service or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Cinemark (collectively, “Content”) by any means;
(ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Service or any of the software applications used by you in connection with your use of the Service;
(iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Service;
(iv) Disable any licensing or control features of the Service;
(v) Introduce into the Service any virus or other code or routine intended to disrupt the Service, alter or delete its Content, access confidential Content on the Service, retrieve or record information about the Service or its users, or interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Service with another program or create derivative works based on the Service;
(vii) Post any material in any form whatsoever on the Service that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity;
(viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Service to others;
(ix) Infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Service, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Service; or
(x) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Service.
Except as expressly provided herein, Cinemark reserves all rights with respect to the Service, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violation of this Section 3(c).
d. Third Party Links. Although Cinemark controls some hyperlinks within the Service, the Service may contain links that lead to third-party sites. In addition, some rewards can be claimed through links provided by movie studios or other third parties, which links Cinemark may pass through to you. Cinemark includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Cinemark is in any way affiliated with the linked site. The Service does not incorporate any materials appearing in applicable linked sites by reference. Cinemark reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Cinemark, and may have different terms of use and privacy policies, which Cinemark encourages you to review. Cinemark has no responsibility for the content of any third party web site, and provides such links on an “AS IS” basis. UNDER NO CIRCUMSTANCES SHALL CINEMARK BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, ANY THIRD PARTY SITE.
e. App Access. You acknowledge and agree that the availability of the App may be dependent on third party websites or mobile applications from which you download the App (e.g., the Apple App Store or Google Play Store) (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and Cinemark and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
f. Social Media Features. The Service may provide certain social media features that enable you to:
(i) Link certain content on the Service to certain third-party websites;
(ii) Send emails or other communications with certain content, or links to certain content, on the Service; and
(iii) Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.
4. Our Management of the Service
a. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any content on the Service or any portion thereof; (iv) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (v) terminate or block you your use of the Service for violating these Terms of Service.
b. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
5. Intellectual Property Rights
a. Cinemark’s Rights. Cinemark, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Service. Except as provided in these Terms of Service, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Terms of Service without the prior written consent of Cinemark. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Service without written permission from Cinemark is strictly prohibited. Cinemark reserves all rights to copyright and trademark ownership of its material on the Service and will enforce such rights to the full extent of the law.
b. Your Rights. Nothing on the Service shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Service. Subject to your compliance with these Terms of Service, Cinemark grants you a limited, revocable, non-exclusive, non-transferable right to receive, access and use the Service for your personal, non-commercial purposes. Unless otherwise specified, the Service is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Service for your personal use only. Copying or downloading material from the Service does not transfer title to any material on the Service to you. If you copy or download any information or software from the Service, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Service or use as metatags on other pages or sites on the World Wide Web without the written permission of Cinemark. You are not authorized to use our logo as a hyperlink to the Service unless you obtain Cinemark’s written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.
c. License to Cinemark. Subject to the terms of the Privacy Policy, you grant Cinemark an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Service by you.
d. Protection of Cinemark’s Rights. You recognize the great value of the goodwill associated with the Service and acknowledge that the Service and all rights therein and goodwill pertaining thereto belong exclusively to Cinemark. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your use of the Service or thereafter:
(i) Attack the title or any rights of Cinemark in or to the copyrights, trademark, and other intellectual property in the Service;
(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Service;
(iii) Claim (adversely to Cinemark or anyone claiming rights through Cinemark) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Service;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Service or bring the Service into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of Cinemark’s trademarks or any mark which is, in Cinemark’s reasonable opinion, the same as or confusingly similar to any of Cinemark’s trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Cinemark’s reasonable opinion, the same as, confusingly similar to or incorporates any of the Cinemark’s trademarks.
6. Disclaimers. THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, CINEMARK DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SERVICE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CINEMARK WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SERVICE. ALTHOUGH THE INFORMATION PROVIDED TO YOU THROUGH THE SERVICE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, CINEMARK CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. CINEMARK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE. CINEMARK ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. CINEMARK SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SERVICE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF CINEMARK.
7. Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL CINEMARK HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (A) THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CINEMARK MOVIE REWARDS PROGRAM OR YOUR PARTICIPATION IN THE CINEMARK MOVIE REWARDS PROGRAM; (B) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE CINEMARK MOVIE REWARDS PROGRAM OR AMENDING THESE TERMS OF SERVICE OR THE BASIS ON WHICH YOU CAN REDEEM POINTS; (C) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (D) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE CINEMARK MOVIE REWARDS PROGRAM MADE BY A PARTICIPATING CINEMARK LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (E) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING CINEMARK LOCATIONS; OR (F) YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY FEATURES OF FUNCTIONALITY THEREOF. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, OR $20, WHICHEVER IS LESS.
8. Indemnification. You agree to indemnify and hold Cinemark harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms of Service, including without limitation, attorneys’ fees and costs. Cinemark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by Cinemark in the defense of any claim. You shall not in any event settle any claim without the written consent of Cinemark. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Cinemark’s own negligent conduct.
9. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
a. Initial Dispute Resolution. Please Contact Us to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
b. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 9(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), or the parties’ relationship with each other and/or your use of the Service (“Arbitrable Claims”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”), in accordance with the current AAA Consumer Arbitration Rules (i) except to the extent that such rules permit class actions or class arbitrations, in which case those rules or procedures do not apply, and (ii) except to the extent modified by these Terms of Service and by current AAA Mass Arbitration Supplementary Rules, where applicable. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Arbitrable Claims and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court in a non-class action under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The AAA rules governing the initiation and conduct of the arbitration may be accessed at www.adr.org/consumer. If you initiate individual arbitration not subject to the Group Arbitration provisions set forth in Section 9(d) below, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to AAA. We will also pay AAAS to reimburse you for any portion of its filing fee that is more than what you would otherwise have to pay to file suit in a court of law. These fees do not govern Group Arbitration pursuant to Section 9(d) below, which will be governed by the applicable AAA Mass Arbitration Supplementary Rules and AAA Consumer Mass Arbitration and Mediation Fee Schedule.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
c. Class Action and Class Arbitration Waiver. You and Cinemark each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, class arbitration, or other representative action, and you and Cinemark each expressly waive our respective right to file a class action or class arbitration or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 9(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
d. Group Arbitration. If twenty-five (25) or more Demands for arbitration of a dispute or claim are initiated against Cinemark (i) that involve generally common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this Paragraph (a “Group Arbitration”). You and Cinemark each further agree to the application of the AAA Mass Arbitration Supplementary Rules for any such Group Arbitration, which may be accessed at https://www.adr.org/mass-arbitration. The fees that shall apply to Group Arbitrations administered by the AAA are set forth in the AAA Consumer Mass Arbitration and Mediation Fee Schedule, which may be accessed at https://www.adr.org/Rules. You and Cinemark further agree that, in a Group Arbitration under this Agreement, the arbitrator shall have the authority to award a prevailing party its attorney’s fees, including, without limitation, if the arbitrator finds that the non-prevailing party filed a frivolous claim in Group Arbitration. The foregoing sentence shall apply, except to the extent that such an award would apply to consumers in California and contravene California law arguably prohibiting the award of such fees. The parties further understand and acknowledge that a Process Arbitrator appointed pursuant to the AAA Mass Arbitration Supplementary Rules may, after receipt and consideration of input from the parties, batch, stage, otherwise group, or bellwether the Demands or claims in the Group Arbitration.
e. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
f. Exception - California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
g. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 9(b) and 9(c) by sending written notice of your decision to opt-out (“Notice”) to Cinemark. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms of Service for the first time. The Notice must be mailed to Cinemark Corporate Headquarters located at 3900 Dallas Parkway, Plano, Texas 75093 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other provisions in these Terms of Service, or any previous or future arbitration agreements that you have entered into with Cinemark.
h. Governing Law; Exclusive Venue for Litigation. The laws of the State of Texas will govern these Terms of Service without giving effect to any principles of conflicts of laws and excluding the United Nations Convention on the International Sale of Goods. In addition, to the extent that the arbitration provisions set forth in Section 9(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Dallas, Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Dallas, Texas for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
10. Exclusions and Limitations; Consumer Protection Notice. If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Cinemark reserves all rights, defenses and permissible limitations under the law of your State of residence.
11. Shipping of Rewards and Site Purchases: Cinemark (or its vendor) will only ship to addresses located in the United States. We do not ship to P.O. Boxes. When you redeem the Cinemark Movie Rewards Program points for physical rewards, or make purchases on the Site for gift cards, Supersavers, or merchandise, you must provide a valid mailing address for shipment. It is your obligation to provide full shipping information at the time of redemption of points for or purchase of a physical item in order to receive the item. Failure to do so may result in the loss of the Cinemark Movie Rewards Program points and/or the physical Reward for which the points were redeemed. Cinemark will not use the address provided for any marketing purposes.
12. Payments and Refunds of Purchases. In using the Service, you agree to pay the amounts owed to Cinemark via Visa, MasterCard, Discover, and American Express credit cards or via Apple Pay or Google Pay. At this time, we are not accepting any other method of payment. If you purchase tickets through the Service with a registered account you can receive a refund at cinemark.com for the purchase price of the ticket (excluding any service charge) up to two hours prior to the start of the showtime. In the rare situations when a show is cancelled, you will be entitled to a refund for the full purchase price of your tickets, including any service charges. At the theatre, a full refund can be given up to the start time of the showtime. In these situations, please notify our guest services department at Contact Us and include the theatre, movie, showtime, email address and your confirmation number. Please refer to the FAQ page at cinemark.com for further details regarding the refund procedures.
13. Controlled from the United States. The Service is controlled from offices within the United States. Cinemark makes no representation that content or materials in the Service are appropriate or available for use in other jurisdictions. Access to the Service, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Service from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
14. Not Authorized to do Business in Every Jurisdiction. Cinemark is not authorized to do business in every jurisdiction. Information published on the Service may contain references or cross-references to goods or services that are not available in your state or country. If you click on our International link, you can see the countries where Cinemark currently does business. There is a separate Cinemark web site for each country, which is subject to its own terms and conditions and privacy policy.
15. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please Contact Us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
16. English Language. The official text of these Terms of Service or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms of Service, reference shall be made only to these Terms of Service as written in English and not in any translation into another language.
17. Entire Agreement; Severability. These Terms of Service, the Movie Rewards Terms, and the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Service, your participation in the Cinemark Movie Rewards Program , your entitlement to collect and redeem points, and your entitlement to Cinemark Movie Rewards and any other benefits of the Cinemark Movie Rewards Program, and supersede all previous versions or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. Except as expressly contained in these Terms of Service, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. If any provision of these Terms of Service is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions.
18. Contact Us. For further information, or inquiries about these Terms of Service, the Movie Rewards Terms, and Privacy Policy, please contact our guest services department at Contact Us.
Cinemark Corporate Office:
Cinemark USA, Inc.
3900 Dallas Parkway
Plano, TX 75093-7865
Telephone: 1-800-246-3627