Terms of Use

Effective January 1, 2020

Thanks for using the Website and other assets of CineLux Theatres. These Terms of Use (“Terms”) are a legal agreement between you and CineLux Theatres Co., LLC (“CineLux Theatres”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Materials”), including our websites and any services, plug-ins, software or other Moviegoer Apps (as defined below) that we may provide through any of our websites (the “Platform” and together with the Materials, this “Website”). The terms "us" or "we" or "our" refer to CineLux Theatres, the owner of this Website. If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this Terms on behalf of such company or other organization.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CineLux Theatres. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

IF YOU ARE A “NON-RESIDENT USER” (I.E., LOCATED OUTSIDE CANADA AND THE UNITED STATES), YOU ARE REQUESTED TO CALL THE CineLux Theatres THEATER DIRECTLY AT 800-954-7720 TO BUY YOUR MOVIE TICKET BY PHONE. FOR NON-RESIDENT USERS, WE ASK YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR OTHERWISE USE THIS WEBSITE.

SCOPE OF PLATFORM

CineLux Theatres’s Platform facilitates viewing of movie showtimes, and may also make available email newsletters, loyalty systems, and ticketing services. You may access and use the Platform in accordance with these Terms. Please note that these Terms govern your use of the Platform.

When using the features of the Platform you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy are hereby incorporated by reference into these Terms.

GENERAL USE

We invite you to use this Website for your individual purposes and not for the purposes of reselling ("Permitted Purposes") – enjoy!

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and a limited, personal, non-exclusive and non-transferable right to access and use the Platform as set forth below. You have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Platform or the Materials in any manner. If you make copies of any portions of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website.

Our Newsletters are not intended for and may not be used by individuals under 13 years of age. By registering for a CineLux Theatres newsletter, you promise that you are at least 13 years of age.

LOYALTY ACCOUNT SETUP

Some theaters allow you to access a Loyalty system. In order to do so, you need to set up a Free Account. You are authorized by CineLux Theatres to set up one Free Account only.

When you create an account, we collect registration-related information such as name, address, e-mail and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. CineLux Theatres reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your Loyalty account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

INTELLECTUAL PROPERTY

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

ELECTRONIC COMMUNICATIONS

By using the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about newsletters, forthcoming movies and other movie-goer opportunities, applicable pricing, taxes, and charges, transactional information and other information concerning or related to this Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

LINKS TO OTHER WEBSITES

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. CineLux Theatres has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
  • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

INDEMNIFICATION

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold CineLux Theatres, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by CineLux Theatres and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the CineLux Theatres Properties, your violation of these terms, or your violation of any law.

INTELLECTUAL PROPERTY INFRINGEMENT; COPYRIGHTS

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512 Digital Millennium Copyright Act (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement at guestservices@cineluxmovies.com.

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website who is the subject of repeated DMCA or other infringement notifications

WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY

CineLux Theatres WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL CineLux Theatres BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

CineLux Theatres’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO CineLux Theatres IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.

LOCAL LAWS; EXPORT CONTROL

We control and operate the Website from our headquarters in the state of California in the United States of America and the entirety of the Website may not be appropriate or available for use in other locations. If you use the Website outside the United States of America, you are solely responsible for following applicable local laws as well as any U.S. export control laws and regulations.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This provision facilitates the prompt and efficient resolution of any dispute (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND CineLux Theatres AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, you must first give us an opportunity to resolve the dispute which is first done by e-mailing us at guestservices@cineluxmovies.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Arbitration Procedures

If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because this Website and these Terms concern interstate commerce, the U.S. Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either California or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to California so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer. So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.

Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and CineLux Theatres specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Other

You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court, which you agree will be in the County of Santa Clara County in the state of California. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.

GENERAL TERMS

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms to the fullest extent permitted by applicable law. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Santa Clara County County, California. Except as otherwise set forth in the dispute resolution provision, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms, together with our Privacy Policy, End User License Agreement and any other data processing addendum or agreement hereto (as applicable), contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between CineLux Theatres and you about the Website and our services. The rights of CineLux Theatres under our Terms will survive the termination of our Terms.

CHANGES

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an e-mail to the address you gave us. The latest copies of our Terms will be posted on our Website, and you should review all Terms prior to using our Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. CineLux Theatres reserves the right to change any and all features of our Website, at any time without notice.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us using our contact page or PO Box 54100 San Jose CA 95154.

CinemaPlus Platform Integration Addendum

Appended to Independent Operator Terms of Service

CinemaPlus Platform Services; Integration of Governing Documents

[CineLux Theatres] ("Operator") uses software, ticketing, commerce, and related platform services provided by CinemaPlus, LLC, a Nevada limited liability company ("CinemaPlus"), to operate, host, or support certain features and functionality made available through this website, mobile application, point-of-sale system, or other consumer-facing interface (collectively, the "CinemaPlus Services"). By accessing or using any CinemaPlus Services through or in connection with Operator's platform, you acknowledge that your relationship is governed by a layered framework of documents as set forth in this CinemaPlus Platform Integration Addendum (this "Addendum"), and you agree to be bound by each document applicable to your use as described below.

1. Governing Document Framework; Scope and Applicability.

The following documents govern your access to and use of the CinemaPlus Services and your transactions with Operator, each within its defined scope:

(a) This CinemaPlus Platform Integration Addendum is appended to and made a part of the Operator's terms of use, terms of service, privacy policy, refund policies, cancellation policies, loyalty and reward program policies, venue rules, or similar term, as the case may be (collectively, the "Operator Terms"), which are (i) presented above or below; (ii) made available on the Operator's website; (iii) made available through the Operator's services or platform; or (iv) otherwise published by the Operator and made available to users prior to or at the time of their use of the CinemaPlus Services.

(b) The Operator Terms govern your relationship with Operator and all Operator-specific aspects of your experience, including Operator's venue rules, event policies, Operator-specific refund and exchange policies, Operator's own loyalty or subscription offerings, and any other products, services, or experiences offered directly by Operator that are independent of the CinemaPlus Services. The Operator Terms apply solely with respect to Operator's own offerings, venue-specific rules, and Operator-specific transaction terms.

(c) CinemaPlus Terms of Service for End Users, available at https://www.cineluxtheatres.com/terms-of-service (as updated from time to time, the "CinemaPlus Terms of Service for End Users"), govern your access to and use of the CinemaPlus Services themselves, including the software platform, ticketing functionality, concession and merchandise commerce flows, digital stored-value and CinemaCash features, subscription management, mobile ticketing, user accounts, and all other features and functionality provided by CinemaPlus. By using the CinemaPlus Services through Operator's platform, you expressly agree to be bound by the CinemaPlus Terms of Service for End Users as if you had accessed those Services directly through CinemaPlus, and you acknowledge that you have been provided reasonable opportunity to review such terms prior to your use. THE CINEMAPLUS TERMS OF SERVICE FOR END USERS ARE INCORPORATED HEREIN BY REFERENCE WITH THE SAME FORCE AND EFFECT AS IF FULLY SET FORTH IN THE OPERATOR TERMS.

(d) CinemaPlus Privacy Policy, available at https://www.cineluxtheatres.com/privacy-policy (as updated from time to time, the "CinemaPlus Privacy Policy"), governs all matters relating to privacy, cookies, tracking technologies, personal data and personal information, and related data-processing activities conducted by or through the CinemaPlus Services. Operator has agreed with CinemaPlus to adopt and incorporate the CinemaPlus Privacy Policy by prominently posting and conspicuously hyperlinking to it on Operator's consumer-facing interfaces in connection with the CinemaPlus Services. To the extent there is any conflict between the Operator Terms or any Operator-specific privacy disclosure and the CinemaPlus Privacy Policy with respect to personal data collected or processed through or in connection with the CinemaPlus Services, the CinemaPlus Privacy Policy controls solely with respect to such CinemaPlus Services and related data-processing activities. For personal data collected by Operator outside the CinemaPlus Services, Operator's own privacy policy governs.

(e) CinemaPlus Terms of Service for Operators govern the business-to-business relationship between CinemaPlus and Operator, including all commercial, operational, and risk-allocation matters and nothing in the CinemaPlus Terms of Service for Operators creates any obligation of CinemaPlus directly enforceable by end users. The CinemaPlus Terms of Service for Operators are not directed at or enforceable by end users, and nothing in this Addendum is intended to confer any third-party beneficiary rights on end users with respect to those business-to-business provisions.

2. Order of Precedence.

In the event of any conflict or inconsistency among the documents described in Section 1 above with respect to your rights and obligations as an end user, the following order of precedence controls (with each earlier-listed document controlling over later-listed documents to the extent of the conflict, and only within each document's defined scope as set forth in Section 1):

  1. The CinemaPlus Privacy Policy, solely with respect to privacy, cookies, tracking technologies, personal data, and related data-processing matters arising in connection with the CinemaPlus Services;
  2. The CinemaPlus Terms of Service for End Users, solely with respect to your access to and use of the CinemaPlus Services; and
  3. The Operator Terms, with respect to Operator-specific offerings, venue rules, and Operator-specific transaction terms.

No conflict exists, and no order of precedence is triggered, merely because these documents address different subject matters within their respective defined scopes. Operator Terms that impose additional obligations or restrictions consistent with, and not in conflict with, the CinemaPlus Terms of Service for End Users shall apply in addition to, and not instead of, those terms.

With respect to any dispute arising primarily from your use of the CinemaPlus Services, the governing law and dispute-resolution provisions of the CinemaPlus Terms of Service for End Users shall apply. With respect to any dispute arising primarily from Operator-specific offerings or venue-specific terms, the governing law and dispute-resolution provisions of the Operator Terms shall apply.

3. Adoption, Presentation, and Acceptance.

To the extent Operator has validly adopted and presented the CinemaPlus Terms of Service for End Users and the CinemaPlus Privacy Policy by (a) incorporating them herein by reference; and (b) presenting conspicuous links to each at the point of purchase, point of account creation, or in the Operator Terms in a manner that provides users reasonable notice and opportunity to review such terms prior to acceptance. Your continued use of the CinemaPlus Services through Operator's platform, including the completion of any ticket purchase, concession order, subscription enrollment, merchandise transaction, or account registration, constitutes your express acceptance of and agreement to be bound by (i) the Operator Terms; (ii) the CinemaPlus Terms of Service for End Users; and (iii) the CinemaPlus Privacy Policy, each as in effect at the time of such use or transaction, provided that you have been given reasonable notice of such terms and a reasonable opportunity to review them prior to such acceptance. If you do not agree to any of these documents, you may not access or use the CinemaPlus Services through Operator's platform. Notwithstanding the foregoing, with respect to the arbitration provision and class action and jury trial waivers contained in the CinemaPlus Terms of Service for End Users, acceptance is effective only upon the end user's affirmative assent through the mechanism provided at the applicable point of purchase or account registration, and not through continued use alone.

CinemaPlus is an intended third-party beneficiary solely of those provisions of this Addendum that expressly apply to CinemaPlus, reference the CinemaPlus Terms of Service for End Users or the CinemaPlus Privacy Policy, allocate responsibility to CinemaPlus, or disclaim or limit liability of CinemaPlus.

4. Roles and Responsibilities; Merchant of Record.

As between Operator and CinemaPlus, and as between each of them and you:

(a) CinemaPlus provides the technology platform, software, payment processing infrastructure, and related services that enable Operator to offer ticketing, commerce, and related functionality. To the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator for payment processing purposes with respect to any transaction you complete through the CinemaPlus Services (as will be identified during the applicable checkout flow or as otherwise disclosed in the applicable order confirmation or transaction receipt), CinemaPlus shall be responsible for payment processing and financial settlement for that transaction, in accordance with the CinemaPlus Terms of Service for End Users and applicable payment network rules. CinemaPlus' liability for such transactions shall be governed exclusively by the CinemaPlus Terms of Service for End Users and applicable law.

(b) Operator is solely responsible for: (i) the underlying event, venue, showtime, and ticket availability; (ii) concession and merchandise offerings; (iii) applicable refund and exchange policies; and (iv) all Operator-specific terms and conditions applicable to your transaction. Operator remains solely responsible for all Operator-specific products and services regardless of which party acts as the merchant of record for payment-processing purposes or which party's name appears on any receipt, confirmation, or payment instrument, and CinemaPlus expressly disclaims any warranty, representation, or guarantee regarding such products and services. Except to the extent expressly set forth in the CinemaPlus Terms of Service for End Users or required by applicable law, CinemaPlus acts as a technology platform provider and is not responsible for Operator's performance, products, services, or policies.

(c) Allocation of Recourse. To the extent a claim, issue, dispute, or request relates to Operator-specific matters, including venue rules, event administration, showtimes, ticket availability, concession or merchandise offerings, fulfillment, Operator-specific refund and exchange policies, or other products or services offered by Operator, your recourse shall be against Operator and not CinemaPlus, except to the extent expressly provided in the CinemaPlus Terms of Service for End Users or required by applicable law. To the extent a claim, issue, dispute, or request relates to the CinemaPlus Services, including platform functionality, account access, CinemaCash or other stored-value features, mobile ticketing functionality, or payment-processing matters to the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator, your recourse shall be against CinemaPlus and not Operator, except to the extent expressly provided in these Operator Terms or required by applicable law. If a matter involves both Operator-specific issues and CinemaPlus Services issues, the foregoing allocation will apply to each party based on the nature of the applicable claim, issue, dispute, or request.

5. Updates to CinemaPlus Documents.

CinemaPlus may update the CinemaPlus Terms of Service for End Users and the CinemaPlus Privacy Policy from time to time in accordance with the terms of those documents and applicable law. As Operator has adopted those documents by reference to the then-current versions hosted at the URLs specified in Section 1 above, the then-current versions of those documents at the time of your use or transaction will apply, provided that material changes to such documents will be effective only upon reasonable notice to users as specified in those documents or as required by applicable law. Operator is responsible for ensuring that current versions of those documents remain accessible from Operator's consumer-facing platform in accordance with Operator's agreement with CinemaPlus.

6. Severability; No Waiver.

If any provision of this Addendum is found unenforceable in a particular jurisdiction or as applied to a particular claim, it will be severed as to that jurisdiction or claim, and the remainder of this Addendum will remain in full force and effect. Operator's failure to enforce any provision of this Addendum on any occasion will not constitute a waiver of Operator's or CinemaPlus' right to enforce such provision subsequently.