Terms and Conditions of Use
Please read the terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE.
1.1 User Acceptance and Consent to Terms and Conditions of Use
1.2 Registration – Member Account Creation and Security
In consideration of your use of the ST Site and the digimaxtheatres.com Service, you agree to:
provide true, accurate, current and complete information about yourself as prompted by digimaxtheatres.com’s registration form (such information being the “Registration Data��?), and
maintain and promptly update the Registration Data to keep it true, accurate and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or digimaxtheatres.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, digimaxtheatres.com reserves the right to suspend or terminate your account and refuse any and all current or future use of digimaxtheatres.com and its affiliates.
As part of the registration and account creation process necessary to obtain access to portions of the digimaxtheatres.com site that require a fee or payment, you will select a subscriber identification ID and a password. You will provide digimaxtheatres.com with certain registration information, all of which must be accurate and updated. You shall not
select a subscriber ID already used by another person;
use a subscriber ID in which another person has rights without such person’s authorization; or
use a subscriber ID or password that digimaxtheatres.com, in its sole discretion, deems offensive or inappropriate.
You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify digimaxtheatres.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your digimaxtheatres.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password.
Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account. And, in the event of fraudulent, abusive or otherwise illegal activity, digimaxtheatres.com may refer you to appropriate law enforcement agencies. digimaxtheatres.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the digimaxtheatres.com site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the digimaxtheatres.com site may be subject to prosecution.
1.4 Users Opinions, Comments and Disputes
Users may elect to submit their opinions regarding movies and products found on digimaxtheatres.com; typically, this is done in the context of chat rooms, message boards, forum discussions or comment sections. These Users’ comments or opinions are meant to be informative for fellow Users who elect to read or use them. These comments or opinions are exclusively those of the User who post them and are not necessarily the opinion of digimaxtheatres.com. Moreover, digimaxtheatres.com does not and cannot guarantee the accuracy or veracity of these opinions or comments.
digimaxtheatres.com is not responsible for screening, policing, editing, or monitoring the content posted by Users on the digimaxtheatres.com site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, digimaxtheatres.com may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such content. digimaxtheatres.com will terminate, under appropriate circumstances and in its sole discretion, any User(s) deemed to be repeat infringers of copyrights.
Notwithstanding the foregoing, neither digimaxtheatres.com, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither digimaxtheatres.com, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communications, or content on the digimaxtheatres.com site.
You are solely responsible for your interactions with other digimaxtheatres.com Users. digimaxtheatres.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
1.5 License; Permitted Use
1.6 Rules Of User Conduct; User’s Grant Of Limited License; User-generated Content Rules
(a) Rules of User Content; Service Limitations. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content��?), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom or entity from which such Content originated. This means that you, and not digimaxtheatres.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the digimaxtheatres.com site. digimaxtheatres.com does not control the Content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further acknowledge and agree that by using digimaxtheatres.com, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will digimaxtheatres.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the digimaxtheatres.com site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the digimaxtheatres.com site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
is known by you to be false, inaccurate or misleading;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or rights of publicity or privacy;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming��?), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
impersonates any person or entity, including any employee or representative of digimaxtheatres.com or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
for which you were compensated or granted any consideration by any third-party;
harms minors in any way;
intentionally or unintentionally violates any applicable local, state, federal or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
“stalks” or otherwise harasses another;
collects or stores personal data about other users;
includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and/or
contains any computer viruses, worms or other potentially damaging computer programs or files.
You also agree that you WILL NOT:
harvest or collect information about the users or members of digimaxtheatres.com or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent;
use any robot, spider, other automatic device, or manual process to monitor or copy digimaxtheatres.com’s web pages or the content contained thereon without digimaxtheatres.com’s prior written consent;
use any robot, spider, other automatic device, or manual process for any other unauthorized purpose without digimaxtheatres.com’s prior written consent;
use any device, software or routine to interfere or attempt to interfere with the proper working of the digimaxtheatres.com site;
take any action that imposes an unreasonable or disproportionately large load on digimaxtheatres.com’s infrastructure;
copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, noncommercial use) from the digimaxtheatres.com site without the prior written consent of digimaxtheatres.com;
use information from the digimaxtheatres.com site to harass, abuse, or harm another person; and/or
use information from the digimaxtheatres.com site to contact, advertise, solicit or sell any other Member or User without that Member or User’s prior consent.
You acknowledge and agree that digimaxtheatres.com may preserve Content and User Content (defined below) and may also disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of digimaxtheatres.com, its User and the public.
You understand that the technical processing and transmission of the digimaxtheatres.com service, including your Content, may involve:
transmissions over various networks; and
changes to conform and adapts to technical requirements of connecting networks or devices.
(b) User’s Grant Of License. By posting or submitting Content to any User-submit areas of the digimaxtheatres.com site (“User Content��?), you automatically grant, or warrant that the owner of such content has expressly granted, digimaxtheatres.com and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, create derivative works from, and/or sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you, and/or promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by digimaxtheatres.com will not infringe or violate the rights of any third-party. You also permit any other User to access, store, or reproduce the User Content for that User’s personal use.
(c) Representations and Warranties of User. In addition to all other representations and warranties of Users, by submitting any User Content to digimaxtheatres.com you represent and warrant that:
you are the sole author and owner of the intellectual property rights to your User Content;
all “moral rights��? that you may have in such User Content have been voluntarily waived by you;
your posted User Content is accurate;
you are at least 13 years old; and
(e) No Endorsement of User Content. You acknowledge and agree that digimaxtheatres.com does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that digimaxtheatres.com does not pre-screen or unilaterally monitor any User Content, but that digimaxtheatres.com and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content.
1.7 Proprietary Rights; Restrictions on Use
The digimaxtheatres.com site or any portion of the digimaxtheatres.com site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of digimaxtheatres.com (and the copyright owner if other than digimaxtheatres.com.) 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 digimaxtheatres.com and our affiliates without prior written consent. You may not use any meta tags or any other “hidden text��? utilizing .co digimaxtheatres .com’s name or trademarks without the express written consent of digimaxtheatres.com. Any unauthorized use terminates the license granted by digimaxtheatres.com.
You agree not to use, transfer, distribute or dispose of any information contained in the digimaxtheatres.com site in any manner that could compete with digimaxtheatres.com’s business. You agree to protect the proprietary rights of digimaxtheatres.com and all others having rights in the digimaxtheatres.com site during and after the term of this agreement and to comply with all reasonable written requests made by digimaxtheatres.com or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the digimaxtheatres.com site. You agree to notify digimaxtheatres.com in writing promptly upon becoming aware of any unauthorized access or use of digimaxtheatres.com by any party or of any claim that digimaxtheatres.com infringes upon any copyright, trademark or other contractual statutory or common law rights.
Illegal and/or unauthorized uses of digimaxtheatres.com, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements from the digimaxtheatres.com site protected by copyright, or other proprietary right without the express written permission of digimaxtheatres.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at info@ digimaxtheatres.com.
IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF digimaxtheatres.COM, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM digimaxtheatres.COM AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE digimaxtheatres.COM SITE OR ITS CONTENT WOULD BE A VIOLATION OF digimaxtheatres.COM’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF digimaxtheatres.COM FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF digimaxtheatres. COM. FURTHERMORE, YOU MAY NOT USE ANY OF digimaxtheatres.COM’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH digimaxtheatres.COM’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE digimaxtheatres.COM OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF digimaxtheatres.COM’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
1.8 Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to digimaxtheatres.com (the “Intellectual Property Rights��?) shall, as between you and digimaxtheatres.com, at all times be and remain the sole and exclusive property of digimaxtheatres.com. All present and future rights in and title to digimaxtheatres.com (including the right to exploit digimaxtheatres.com and any portions of digimaxtheatres.com over any present or future technology) are reserved to digimaxtheatres.com for its exclusive use.
1.9 Copyrights And Copyright Agents
digimaxtheatres.com respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide digimaxtheatres.com’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the digimaxtheatres.com site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
digimaxtheatres.com’s Copyright Agent for notice of claims of copyright infringement on the digimaxtheatres.com site can be reached as follows: by mail: Copyright Agent, Digimax Theatres, 200 Digimax Way., Suite 37, Milpitas, CA, 95035; by email: info@ digimaxtheatres.com.
1.10 Fees and Payments
digimaxtheatres.com reserves the right at any time to charge fees for access or use of digimaxtheatres.com. If at any time digimaxtheatres.com requires a fee for access or the use of all or portions of digimaxtheatres.com, digimaxtheatres.com will require you to register and create an account. In no event will you be charged for access or use to all or portions of digimaxtheatres.com unless digimaxtheatres.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through digimaxtheatres.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of digimaxtheatres.com through your account, and the purchase of any other products or services. Certain portions or services of digimaxtheatres.com may require a prepaid fee (“Prepaid Fee��?). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from digimaxtheatres.com if a Prepaid Fee is required unless digimaxtheatres.com receives, in advance, all fees and charges payable by you, including the Prepaid Fee.
1.11 Third-Party digimaxtheatres.com sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under digimaxtheatres.com’s control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by digimaxtheatres.com, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by digimaxtheatres.com. You acknowledge that digimaxtheatres.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such linked sites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by digimaxtheatres.com.
1.12 Disclaimer Of Warranties; Limitation of Liability
A PORTION OF digimaxtheatres.COM’S CONTENT, INCLUDING USER CONTENT, IS SUPPLIED BY THIRD-PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF digimaxtheatres.COM.
digimaxtheatres.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON digimaxtheatres.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF digimaxtheatres.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT digimaxtheatres.COM AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS��?) ARE PROVIDED “AS IS��? AND “AS AVAILABLE��? FOR YOUR USE, AND THAT digimaxtheatres.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. digimaxtheatres.COM, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT digimaxtheatres.COM CONTENT, USER CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE digimaxtheatres.COM SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR digimaxtheatres.COM’S SERVICES ARE FREE OF VIRUSES, WORMS OR “TROJAN HORSES��? OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Moreover, you agree that digimaxtheatres.com, its suppliers and its third-party agents shall specifically have no responsibility or liability for:
Any injury or damages, whether caused by the negligence of digimaxtheatres.com, its employees, subcontractors, agents, suppliers or otherwise arising in connection with your use of digimaxtheatres.com and shall not be liable for any lost profits; punitive, incidental, statutory or consequential damages; or any claim against digimaxtheatres.com by any other party.
Any inaccuracy, omission, delay or any other technical problem or failure, whether real or perceived, related to digimaxtheatres.com, regardless of the cause, including but not limited to computer equipment failures, ISP failures, router problems, connection issues, or similar problems or issues.
digimaxtheatres.com is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on digimaxtheatres.com which are not maintained or controlled by digimaxtheatres.com. digimaxtheatres.com does not:
make any warranty, express or implied, with respect to the use of the links provided on digimaxtheatres.com;
guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to digimaxtheatres.com; or
make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to digimaxtheatres.com.
1.14 Representations and Warranties
You represent, warrant and covenant that:
you have the power and authority to enter into this agreement;
you are at least eighteen (18) years old;
you shall not use any rights granted hereunder for any unlawful purpose; and
you shall use digimaxtheatres.com’s site and service only as set forth in these Term of Use.
1.15 International Use
digimaxtheatres.com makes no representation that materials on digimaxtheatres.com are appropriate, legal or available for use in locations outside the United States and Canada, or that it is authorized for export from the United States or Canada or import into any other country. digimaxtheatres.com’s site and services are not intended for use or distribution by any person in any jurisdiction where such use or distribution is contrary to local law or regulation. Those who choose to use or access digimaxtheatres.com’s site or services from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of digimaxtheatres.com. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access digimaxtheatres.com’s site or service.
1.16 General Information
You may terminate your account at any time by sending an e-mail to info@ digimaxtheatres.com. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges, if any, incurred up to the time that account is terminated.
Upon termination by you or upon notice of termination by digimaxtheatres.com, you must immediately cease all use digimaxtheatres.com and destroy all materials obtained from digimaxtheatres.com and any copies thereof.
2 Return/Refund/Cancellation Policy
Tickets bought from www.digimaxtheatres.com website are non-refundable and non-transferable and also the person whose name the ticket is issued in, must also be present at the entry counter with a valid photo ID for verification.
3 Entire Agreement