The Cinemark website and mobile app (together, the "Site") is an online store where you can purchase movie tickets, gift cards, and Supersavers discounts, earn rewards and purchase certain merchandise provided by, or through, Cinemark USA, Inc. ("Cinemark") subject to your compliance with the terms and conditions set forth below. Nothing in the Site shall be construed as creating any warranty or other obligation on the part of Cinemark.
Please read the following information carefully before using the Site. By clicking "I accept" below, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use the Site. Cinemark reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by clicking "I accept", you accept the modification. Any changes 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.
THE SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law. 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, THE SITE OR THE MERCHANDISE. 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.
In using the Site, you agree to pay the amounts owed to Cinemark via Visa, Mastercard, Discover and American Express. At this time, we are not accepting any other method of payment.
Cinemark (or its vendor) will ship only gift cards and supersavers to addresses located in the United States. We do not ship to P.O. Boxes.
Tickets that are purchased on the Site with a registered account are able to be fully refunded on www.cinemark.com up to two hours prior to the start of the showtime. At the theatre, a full refund can be given up to the start time 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. In these situations please send an email to email@example.com and include the theatre, movie, showtime, email address and your confirmation number.
The copyrights in all text, images, screens and other materials provided on the Site (collectively, the "Materials") are owned by Cinemark and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Cinemark or the copyright owner. Unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Trademarks and service marks that may be referred to on the Site are the property of Cinemark or their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Cinemark or the Cinemark logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without prior written permission. You are not authorized to use our logo as a hyperlink to the Site 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.
The Site may provide certain social media features that enable you to:
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 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.
Cinemark may preserve all information you provide. We may disclose personally identifiable information you provide to third parties if we are required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete a sales/reward transaction, such as providing your shipping information to our carrier; (b) comply with legal process; (c) enforce the Agreement; (d) respond to claims that any information you provide violates the rights of third parties; (e) protect the rights, property, or personal safety of Cinemark, its users and/or the public; or (f) in relation to the sale, assignment, transfer or acquisition of all or substantially all of Cinemark's assets or shares by a third party. Except as provided in the preceding sentence, cinemark.com and Cinemark mobile apps do not sell, trade, or rent your identifiable personal information to outside parties. Cinemark.com and Cinemark mobile apps may provide combined, general statistics about our customers, sales, usage patterns, and related information to reputable third parties, but these statistics will include no personal identifying information.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (d) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (g) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Cinemark and the third parties reserve all rights with respect to the Site, 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 violations.
When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access your My Cinemark account. Passwords may not be shared or used by more than one individual. It is each individual user's responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., that are not typically found in a dictionary.
You shall not access or use the Site by means of any automated program, expert system, electronic agent or "bot," and shall not give any person or entity access to the Site.
In the event your password is lost or stolen it is your responsibility to notify Cinemark at the address listed in the "Contact Us" section.
Cinemark may collect and aggregate data about your usage of the Site, and Cinemark shall be the sole owner of such information.
At the Site Cinemark makes no active effort to collect personal information from individuals under the age of thirteen (13). Cinemark requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older). If you are at least thirteen (13) years old but not of legal age to enter into agreements, you MUST have permission from your parent or guardian.
The Site is controlled from offices within the United States. Cinemark makes no representation that content or materials in the Site are appropriate or available for use in other jurisdictions. Access to the Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF DALLAS, TEXAS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding claims for injunctive relief, for claims related to the Site, including any goods or services purchased through the Site, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect (the "Rules"). There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Dallas, Texas or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal ("Tribunal") shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with the Rules. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
For further information, or inquiries about this Agreement, please contact firstname.lastname@example.org