Terms and Conditions
I. ACCEPTANCE OF TERMS
This Terms of Service Agreement (“Terms of Service”) is a legal agreement between you (referred to herein as “you” or “your”) and ourscreen Ltd for access to and use of our website available at (the “Website”) and the related software, feeds, and services, including, without limitation, mobile and web services and applications owned, controlled or offered by us (referred to collectively as the “Service”).
II. MODIFICATION OF THE TERMS
ourscreen reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time and from time to time, with or without specific notice to you other than through posting such modified Terms on the Site. Please check these Terms of Service periodically for changes. The most current and controlling Terms of Service are posted on the Site. Your continued use of the Site following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You can review the most current version of these Terms of Service at any time at (inset Link) You may receive an additional copy of these Terms of Service by e-mailing us at (email address) and identifying the subject line of the email as "Terms of Service."
III. OURSCREEN ACCOUNTS AND PASSWORDS
A. While you may browse the Site, in order to reserve and/or purchase tickets to Screenings, you will need to create a ourscreen account. You agree to provide to ourscreen true, accurate, current and complete data about yourself when registering for an ourscreen account and at all other times. If you fail to do any of these things, ourscreen will have the right to suspend or terminate your use of the Site and/or terminate your ourscreen account. You will generate a password and account upon completing the registration form. You understand and agree that you are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorised by you or not. You agree to (1) immediately notify ourscreen of any unauthorised use of your password or account or any other breach of security; and (2) ensure that you exit from your account each time you use the Site. ourscreen may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary, in ourscreen's sole discretion, to: (1) comply with legal process; (2) enforce the Terms of Service; (3) respond to a claim that any user violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of ourscreen, its users and the public.
B. In its sole and absolute discretion, with or without notice to you, Ourscreen may (1) suspend or terminate your use of the Site; or (2) terminate your account. ourscreen shall not be liable to you or any third party for any claims or damages arising out of any termination of an account or the suspension or termination of the Site.
By using or attempting to use the Site, you certify that you are a resident of the United Kingdom and are at least eighteen (18) years of age or, if under the age of eighteen (18), you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Service, please discontinue using the Site immediately.
V. PROHIBITED CONDUCT
You agree that you will not use the Site in any unlawful manner and/or to post or otherwise distribute or facilitate distribution of any material that (1) is libelous defamatory or slanderous; (2) is false or misleading; (3) contains sexual content (including nudity); (4) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (5) does or may threaten, abuse, harass, or invade the privacy of any third party; (6) infringes the rights of any third party, including, without limitation, copyright, patent, trademark, trade secret, right of publicity, or other proprietary rights; (7) frame or utilise framing techniques to enclose the Site or any part thereof; (8) constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling; (9) create or attempt to create multiple user accounts; (10) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorised access to any data or other information of any third party; (11) impersonates any person or entity, including any employee or representative of ourscreen; or (12) violates any applicable law or regulation or these Terms of Service. You agree that you will not collect information about third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorised or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorised solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without ourscreen's prior written consent. You agree not to take any actions that may undermine the integrity and accuracy of any reviews of any movie or other entertainment program, service or product that may be presented by the Site.
VII. PERMITTED USE OF THE SITE
ourscreen grants you permission to use the Site in the manner set forth in these Terms of Service and a personal, worldwide, revocable, non-assignable and non-exclusive access to the Site, subject to the following: (1) all use of the Site and the Site must be personal, noncommercial or such uses approved by ourscreen; (2) you do not copy, publicly display or distribute any part of the Site in any medium without ourscreen's prior written authorisation or as expressly permitted by the Site; (3) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (4) you do not engage in any of the prohibited uses described above; and (5) you otherwise fully comply with these Terms of Service.
VIII. PROPRIETARY RIGHTS/COPYRIGHTS
A. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, music, trailers, audio files, videos, footage, photographs, and all other elements of the Site (collectively the "Content") that is provided on the Site by ourscreen or by ourscreen's licensors which you may have access to when using the Site is or may be protected by United Kingdom copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You acknowledge that Content is the sole responsibility of the person or entity from which such Content originated. You shall not acquire any right, title or interest to any Content and any unauthorised use of such Content is strictly prohibited. You may not alter, lease, rent, sell create or distribute the Content or any derivative works based thereon. You acknowledge and agree that ourscreen and/or ourscreen's licensors own all right, title and interest in the Site, including without limitation, all rights with respect to copyrights, trademarks, service marks, patents, domain names, site design, the ourscreen widget, logos, button icons, images, digital downloads, data compilations, text, and graphics on the Site ("Site IP"). You shall not acquire any right, title or interest in the Site IP.
B. ourscreen respects filmmakers and content owners and importantly the intellectual property of others. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, ourscreen may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, ourscreen does not ensure that any such Content will be edited or removed. ourscreen may terminate the accounts of users who infringe the intellectual property rights of others.
IX. CONTENT DISCLAIMER
You understand that when using the Site, you will be exposed to Content from a variety of sources, and that ourscreen is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ourscreen with respect thereto. ourscreen does not endorse any Content or any opinion, recommendation or advice expressed by any third party. Under no circumstances will ourscreen be liable in any way for or in connection with any third party Content, including, but not limited to, for any inaccuracies, errors or omissions in any third party Content, any intellectual property infringement with regard to any third party Content.
X. THIRD-PARTY WEBSITES
The Site contains links to other third-party Internet websites which are not owned or controlled by ourscreen. ourscreen is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that ourscreen offers such links does not indicate any approval or endorsement of any material contained on any linked site. ourscreen is providing these links to you only as a convenience. By using the Site, you expressly relieve ourscreen from any and all liability arising from your use of any third-party web site. When you leave the Site, our terms and policies no longer govern. Accordingly, you should review applicable terms and policies, including the privacy and data gathering practices, of any third party website linked to or from the Site.
XII. TERM AND TERMINATION
These Terms of Service shall remain in full force and effect between you and ourscreen for so long as you use the Site. If you are dissatisfied with the Site provided by ourscreen, please let us know by emailing us at email@example.com Your input is important to us. Your only other remedy with respect to any dissatisfaction with (1) the Site; (2) any term of these Terms of Service; (3) any policy or practice of ourscreen in operating the Site; or (4) any content or information transmitted through the Site, is to terminate these Terms of Service. You agree that ourscreen, in its sole discretion and for any or no reason, may terminate your use of the Site or your account (or any part thereof) or your use of the Site, and remove and discard all or any part of your account or any user content, at any time, with or without notice. ourscreen may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that ourscreen shall not be liable to you or any third-party for any such termination. ourscreen does not permit infringing activities in or on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ourscreen may have at law or in equity.
XIII. DISCLAIMERS; NO WARRANTIES
A. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OURSCREEN, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OURSCREEN OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM OURSCREEN INCLUDES OURSCREEN'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, SUBCONTRACTORS, DESIGNEES AND ASSIGNS.
B. "As is" and "As available." YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, ANY USER CONTENT, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SITE OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
C. Site Operation and Content. OURSCREEN, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SITE, CONTENT, SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY WEBSITES SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
D. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OURSCREEN OR ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, DESIGNEES, ASSIGNS OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE, THE SITE, OR CONTENT ON THE SITE, OR ANY OTHER INTERACTIONS WITH THE SITE, EVEN IF OURSCREEN OR A OURSCREEN AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OURSCREEN'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
E. Limitation of Damages. IN NO EVENT SHALL OURSCREEN OR ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, AGENTS, DESIGNEES, ASSIGNS OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) THAT EXCEED THE GREATER OF THE AMOUNTS PAID TO OURSCREEN IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABLITY.
SOME JURISDUCTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
XIV. RELEASE AND INDEMNIFICATION
Without limiting the above, you agree to release, indemnify, and hold harmless ourscreen and its parent, subsidiaries, affiliates, sublicensees, licensors, vendors, suppliers, partners, designees, and assigns and each of their respective employees, officers, directors, and suppliers (collectively, "Releases") from any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, solicitors' fees), arising out of, resulting from, or by reason of, your (1) use or misuse of the Site; (2) any content made available through the Site, and (3) your violation of the Terms of Service. If you are obligated to indemnify ourscreen, ourscreen may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any claim for which you are obligated to indemnify ourscreen at your sole cost and expense. You will not settle, compromise or in any other manner dispose of any claim without the written consent of ourscreen.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ourscreen without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
This agreement shall be governed by, construed and enforced in accordance with the laws of England and Scotland. Any action you or we bring to enforce this agreement shall only be brought in the courts of England and Scotland and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. ourscreen's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Site, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Should you wish to contact us, please write to Customer Services, ourscreen, 8 Hoxton Street, London, N1 6NG or email firstname.lastname@example.org
(Applies to all purchases on the Service)
By placing an order, you represent and warrant that you are at least eighteen (18) years of age and that you have read and agree to be bound by this Purchase Policy. If you are not at least eighteen (18) years of age, or do not wish to be bound by this Purchase Policy, you are not authorised to place an order.
2. Certain Definitions.
- “Pending Screening” is defined as an Screening organised by a user on the Service that has not yet met the minimum ticket sales required by ourscreen in order to confirm the Screening.
- “Confirmed Screening” is defined as an Screening organised by a user on the Service that has met the minimum ticket sales required by ourscreen in order to confirm the Event.
- We accept Visa and MasterCard. In the event you wish to purchase products and/or services, including without limitation, ticket(s) to a Screening, you will be asked by us, or an authorised third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with this Purchase Policy. You shall be responsible for all charges made in your order for ticket(s) as well any applicable taxes. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or otherwise associated with your user account.
- Payment. Terms of payment are within ourscreen’s sole discretion, and unless otherwise agreed by ourscreen, payment must be received by ourscreen prior to ourscreen’s acceptance of an order. Your right to any product or service is conditional on (i) our receipt of the appropriate payment for such product or service in advance, (ii) our verification of your billing information (which may include your billing address) and (iii) the applicable Screening being deemed a Confirmed Screening. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order. If we receive incorrect billing or credit card account information, we may attempt to contact you, using the information provided at the time of purchase or otherwise associated with your user account. If we are unable to reach you or you do not timely reply to our inquiry, we may cancel your order in our sole discretion without further notice. If you do not receive an order confirmation notification (from a confirmation page or email) within a few minutes of submitting your payment or if you receive an error message or service interruption after submitting your payment, it is your responsibility to confirm with us whether the transaction was approved because we may not be aware that there was an issue with your order.
- Event Descriptions; Pricing. We sell tickets to Screenings on behalf of Cinemas and users on our Service that organise Screenings (“Hosts”), which means that, among other things, (i) we do not set the ticket prices or determine seating locations and (ii) additional terms and conditions may apply. We attempt to be as accurate as possible in describing Screenings; however, we do not represent or warrant that all such descriptions are complete, current or error-free. You acknowledge and agree that descriptions of Screenings, Cinemas and Content may be provided by third parties and that we do not independently verify the truth or accuracy of such information. From time to time there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to Screening descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If the amount you pay for a product or service is incorrect for any reason regardless of whether because of an error in a price posted on the Service or otherwise, then we will have the right to cancel the product or service or the order for ticket(s) and refund you the amount that you paid for such order.
- Tickets to Pending Screening. If you purchase tickets to a Pending Screening, the cost of such tickets will be authorised and held by your card provider. No later than the Pending Screening deadline as set forth on the Service, we will email you indicating that the Screening is either (i) confirmed or (ii) cancelled for failure to meetourscreen’s minimum required ticket sales for such screening.
- (a) If the Pending Screening is confirmed, your card will be charged and our email will confirm the purchase.
- (b) If the Pending Screening is cancelled, the authorisation hold will be released and your card will not be charged.
- Tickets to Active Screening. If you purchase tickets to a Confirmed Screening, your card will immediately be charged and your tickets will be emailed to you upon completion of the purchase process.
- Tickets. Please review your online confirmation page and/or email confirmation carefully, as they provide you with important information about retrieving your tickets that may be specific to the Cinema holding the Screening. You bear all risk of loss after purchase and for any loss of the ticket(s) you have downloaded, including without limitation, any loss due to a computer or hard drive crash. Please remember to bring your printed downloadable ticket(s) to the Cinema, which you must present to the Cinema in order to gain entry. Certain Cinemas may require you to show photo ID and the card that you used in order to purchase the ticket(s) on the Service in order to gain entry to the Screening.
- Return and Cancellation Policy. Except for sales of ticket(s) to Pending Screenings that do not become Confirmed Screenings, all sales of products and services, including without limitation, tickets are final. We do not accept returns of tickets. Therefore, we urge you to confirm the date, time, location and content of the Screening prior to your purchase of ticket(s). After your order is placed, ourscreen will place an order for your ticket(s) for the applicable Screening reducing the number of seats available for the Screening. This allows us to offer you guaranteed seats at the applicable Cinema, but it prevents us and the Cinema from reselling your ticket(s) in the event that you do not attend the Cinema. We and our licensors reserve the right to cancel any Pending Screening for any reason whatsoever. While we and our licensors do not intend or desire to cancel any Confirmed Screenings there is a possibility due to events beyond our control that we or our licensors may need to do so. Therefore, we and our licensors reserve the right to cancel Confirmed Screenings due to epidemic, fire, explosion, inclement weather, national or local calamity or emergency, act of God, strikes, labour disputes, public enemy, civil disturbance, insurrection, war (declared or undeclared) or armed conflict, act of terrorism, technical failure, power outage, the receipt of threats against, or information relating to imminent danger to a Cinema or other events beyond our control. Provided that you are not in breach of the Terms of Service, Purchase Policy, the Rules & Regulations or any rules or policies of the applicable Cinema, if a Pending Screening or a Confirmed Screening is canceled, you will be refunded the entire amount of your purchase. Refunds will be credited back to the original credit card used for payment. Without limiting the Terms of Service, we shall not be responsible to you for any liabilities, losses, damages or expenses caused by or arising from the cancellation of any Screenings, including without limitation, any travel or any other expenses that you or anyone else incurs in connection with a cancelled Event. Notwithstanding anything herein to the contrary, ourscreen and our licensors reserve the right to cancel your ticket and your access to the Screening or any other part of the Service without refund of any amount paid in the event you breach any term or condition identified in (i) the Terms of Service, (ii) this Purchase Policy, (iii) any Rules & Restrictions on the Service and/or (iv) the rules or policies of the applicable Cinema.
- Screening Availability. All ticket orders for Screenings are subject to availability.
- No Resale. You acknowledge and agree that no ticket may be directly or indirectly resold or sublicensed by you, unless specifically pre-approved by ourscreen in writing.
- Risk of Loss. Risk of loss and title for the physical ticket(s) purchased from the Service pass to you upon dispatch of our email notifying you that the ticket(s) are available for download.
- License; Ejection. We and our licensors reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person due to disorderly conduct, vulgar or abusive language or failure to comply with our licensors’ rules or policies. Your breach of terms, rules or policies of our licensors will terminate your license to attend the Event without refund. A ticket is a revocable license and admission may be refused for any reason upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
- Recording, Transmission and Exhibition. You agree not to record or transmit, or aid in the recording or transmitting, of any Screening in whole or in part without the prior written consent of ourscreen and the applicable Cinema. You agree that the Screening for which you purchase ticket(s) is a public event, that your appearance and actions inside and outside the venue where the Screening occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Screening. You grant permission to ourscreen and its licensors, licensees and assigns to utilise your name, image, likeness, and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of, or at the Screening for any purpose, in any manner, in any medium now know or hereafter devised, without further authorisation from, or compensation to, you or anyone acting on your behalf.
- Subject to Search. You and your belongings may be searched on entry to the Screening. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Screening without refund or other compensation.
- Screening Review. We may from time to time email you with questions about your experience at the Screening and your opinion on the Content. These reviews are completely optional, but your feedback would be greatly appreciated.
Last Modified: March 18, 2014