Cinebur’s Conditions of Use

Last updated: June 6, 2021

Welcome to Cinebur.com. Cinebur.com Ltd and/or its affiliates, such as the Cinebur app ("Cinebur") provide website features and other products and services to you when you visit or shop at Cinebur.com, use Cinebur products or services, use Cinebur applications for mobile, or use software provided by Cinebur in connection with any of the foregoing (collectively, " Cinebur Services"). Cinebur provides the Cinebur Services subject to the following conditions.

By using Cinebur Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Cinebur Services, and sometimes additional terms may apply. When you use a Cinebur Service (for example, Moviegoer Profile, Host Dashboard or the Cinebur app) you also will be subject to the guidelines, terms and agreements applicable to that Cinebur Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of Cinebur Services, to understand our practices.

Electronic Communications

When you use Cinebur Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Cinebur Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Cinebur Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cinebur or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content included in or made available through any Cinebur Service is the exclusive property of Cinebur and protected by U.K. and international copyright laws.

Trademarks

There is a non-exhaustive list of trademarks available to you upon request, such as contacting social@cinebur.com. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cinebur Service are trademarks or trade dress of Cinebur in the U.K. and other countries. Cinebur’s trademarks and trade dress may not be used in connection with any product or service that is not Cinebur’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cinebur. All other trademarks not owned by Cinebur that appear in any Cinebur Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cinebur.

Patents

One or more patents owned by Cinebur apply to the Cinebur Services and to the features and services accessible via the Cinebur Services. Portions of the Cinebur Services operate under license of one or more patents. 

License and Access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Cinebur or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Cinebur Services. This license does not include any resale or commercial use of any Cinebur Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cinebur Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Cinebur or its licensors, suppliers, publishers, rightsholders, or other content providers. No Cinebur Service, nor any part of any Cinebur Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cinebur. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cinebur without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cinebur’s name or trademarks without the express written consent of Cinebur. You may not misuse the Cinebur Services. You may use the Cinebur Services only as permitted by law. The licenses granted by Cinebur terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Cinebur account to use certain Cinebur Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Cinebur does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Cinebur Services only with involvement of a parent or guardian. Alcohol amenities listed on Cinebur Services are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol, unless you are situated in a territory with different local laws and regulations that state otherwise. Cinebur reserves the right to refuse service, terminate accounts, terminate your rights to use Cinebur Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Communications, and Other Content

You may post reviews; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cinebur reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Cinebur a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cinebur and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cinebur for all claims resulting from content you supply. Cinebur has the right but not the obligation to monitor and edit or remove any activity or content. Cinebur takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property Complaints

Cinebur respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at social@cinebur.com.

Risk of Loss

All purchases of physical items from Cinebur are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Refunds

Cinebur reserves the right to issue a refund under our own discretion. The best way to ask for a refund is by contacting Cinebur or emailing us at social@cinebur.com. 

Product Descriptions

Cinebur attempts to be as accurate as possible. However, Cinebur does not warrant that service descriptions or other content of any Cinebur Service is accurate, complete, reliable, current, or error-free. If a product offered by Cinebur itself is not as described, your sole remedy is to ask Cinebur for a refund.

Pricing

"Ticket Price" means the suggested retail price of a screening event as provided by the filmmaker, production company, sales agent, distributor and/or any other entity representing the title of the screened film, as well as the venue that hosts the screening event. Ticket Prices can include other amenities along with a screening event at the host’s own discretion.

We generally do not charge your credit card until after your order has been confirmed, and you receive a valid ticket upon completion of the payment process.

App Permissions

When you use apps created by Cinebur, such as the Cinebur App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

Sanctions and Export Policy

You may not use any Cinebur Service if you are the subject of U.K. sanctions or of sanctions consistent with U.K. law imposed by the governments of the country where you are using Cinebur Services. You must comply with all U.K. or other export and re-export restrictions that may apply to goods, software (including Cinebur Software), technology, and services.

Disclaimer of Warranties and Limitation of Liability

THE CINEBUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CINEBUR SERVICES ARE PROVIDED BY CINEBUR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CINEBUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CINEBUR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CINEBUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CINEBUR SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CINEBUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CINEBUR DOES NOT WARRANT THAT THE CINEBUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CINEBUR SERVICES, CINEBUR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CINEBUR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CINEBUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CINEBUR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CINEBUR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Disputes

Any dispute or claim relating in any way to your use of any Cinebur Service, or to any products or services sold or distributed by Cinebur or through Cinebur.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Cinebur will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any Cinebur Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cinebur.

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Cinebur Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Cinebur Ltd
56 Parliament Hill
London, United Kingdom
NW3 2TL
https://www.cinebur.com/

Additional Cinebur Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Cinebur Services (the "Cinebur Software").

  1. Use of the Cinebur Software. You may use Cinebur Software solely for purposes of enabling you to use the Cinebur Services as provided by Cinebur, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Cinebur Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Cinebur Software in whole or in part. All software used in any Cinebur Service is the property of Cinebur or its software suppliers and is protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the Cinebur Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Cinebur Software, whether in whole or in part.

  4. Updates. We may offer automatic or manual updates to the Cinebur Software at any time and without notice to you.

  5. Government End Users. If you are a U.S. Government end user, we are licensing the Cinebur Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Cinebur Software are the same as the rights we grant to all others under these Conditions of Use.

  6. Conflicts. In the event of any conflict between these Conditions of Use and any other Cinebur or third-party terms applicable to any portion of Cinebur Software, such as open-source license terms, such other terms will control as to that portion of the Cinebur Software and to the extent of the conflict.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights have been infringed, please contact us at social@cinebur.com. This address may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.