The house rules before the picture begins.
These Terms of Use govern access to and use of the Cinema Classics website located at cinemaclassics.com.
By accessing, logging into, or using this site, you agree to these Terms. If you do not agree with these Terms, please do not use the site. Users should be at least 18 years of age to access or use the site.
Use of the site is limited to personal, noncommercial access.
Users are responsible for content they submit to the site.
No abuse, infringement, spam, automation abuse, or unlawful activity.
Certain disputes may be resolved through individual arbitration.
Overview
The Cinema Classics website located at cinemaclassics.com is a copyrighted work belonging to Cinema Classics.
Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with those features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
By logging into or using the site, you agree to comply with these Terms and represent that you have the authority and capacity to enter into them.
Access to the Site
Subject to these Terms, Cinema Classics grants you a non-transferable, non-exclusive, revocable, limited license to access the site solely for your own personal, noncommercial use.
Use restrictions
The rights granted to you under these Terms are subject to restrictions. You may not:
- Sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site.
- Change, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the site.
- Access the site in order to build a similar or competitive website.
- Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the site except as expressly allowed.
Any future release, update, or addition to site functionality will also be subject to these Terms. All copyright and proprietary notices on the site must be retained on all copies.
Site availability
Cinema Classics reserves the right to change, suspend, or cease operation of the site, or any part of it, with or without notice.
Cinema Classics will not be liable to you or any third party for any change, interruption, or termination of the site or any part of it.
Intellectual property
Except for User Content you may provide, all intellectual property rights in the site and its content, including copyrights, patents, trademarks, and trade secrets, are owned by Cinema Classics or its suppliers.
These Terms and access to the site do not give you any rights, title, or interest in any intellectual property except for the limited access rights described above.
User Content
“User Content” means any information or content that a user submits to the site.
You are exclusively responsible for your User Content and bear all risks associated with its use. You certify that your User Content does not violate the Acceptable Use Policy.
You may not represent or imply that your User Content is provided, sponsored, or endorsed by Cinema Classics. Cinema Classics is not obligated to back up User Content, and User Content may be deleted at any time without prior notice.
License to User Content
By submitting User Content, you grant Cinema Classics a nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content solely for purposes of including it in the site.
You also waive claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
You agree not to use the site to collect, upload, transmit, display, or distribute User Content that:
- Violates any third-party right, intellectual property right, or proprietary right.
- Is unlawful, harassing, abusive, threatening, harmful, invasive of privacy, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, patently offensive, or promotes hatred or physical harm.
- Is harmful to minors in any way.
- Violates any law, regulation, obligation, or restriction imposed by a third party.
Additional prohibited activity
You also agree not to:
- Upload, transmit, or distribute software intended to damage or alter a computer system or data.
- Send spam, junk mail, chain letters, pyramid schemes, or other unsolicited messages through the site.
- Harvest or collect information about other users without consent.
- Interfere with or disrupt servers or networks connected to the site.
- Attempt unauthorized access to the site through password mining or other means.
- Harass or interfere with another user’s use and enjoyment of the site.
- Use automated agents, scripts, or software to create accounts or generate automated searches, requests, or queries.
Cinema Classics reserves the right to review User Content and investigate or take appropriate action if you violate this policy or otherwise create liability. Such action may include removing or modifying User Content, terminating an account, or reporting conduct to law enforcement.
Feedback & Indemnity
Feedback
If you provide Cinema Classics with feedback or suggestions regarding the site, you assign all rights in that feedback to Cinema Classics and agree that Cinema Classics may use and exploit such feedback in any manner it believes appropriate.
Feedback provided to Cinema Classics will be treated as non-confidential and non-proprietary.
Indemnity
You agree to indemnify and hold Cinema Classics and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by a third party due to or arising out of:
- Your use of the site.
- Your violation of these Terms.
- Your violation of applicable laws or regulations.
- Your User Content.
Cinema Classics reserves the right to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
Third-Party Links, Ads & Other Users
The site may contain links to third-party websites and services or display advertisements for third parties.
Such third-party links and ads are not under the control of Cinema Classics. Cinema Classics is not responsible for them and provides access only as a convenience.
You use third-party links and ads at your own risk. When you click third-party links, the applicable third party’s terms and policies apply, including privacy and data-gathering practices.
Other users
Each site user is solely responsible for their own User Content. Cinema Classics does not control User Content and is not responsible for loss or damage resulting from interactions with other users.
Cookies
Like many websites, Cinema Classics uses cookies. These cookies may store information such as visitor preferences and pages accessed or visited.
This information may be used to optimize the user experience by customizing web page content based on browser type or other information.
Disclaimers
The site is provided on an “as-is” and “as available” basis.
Cinema Classics and its suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
Cinema Classics and its suppliers do not guarantee that the site will meet your requirements or be available on an uninterrupted, timely, secure, error-free, accurate, reliable, virus-free, complete, legal, or safe basis.
Limitation on Liability
To the maximum extent permitted by law, Cinema Classics and its suppliers will not be liable for lost profits, lost data, costs of substitute products, or indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or use of the site.
Access to and use of the site is at your own discretion and risk. You are solely responsible for any damage to your device, computer system, or data resulting from use of the site.
To the maximum extent permitted by law, Cinema Classics’ liability for damages arising from or related to these Terms will at all times be limited to a maximum of fifty U.S. dollars (US $50).
Termination
These Terms remain in full force and effect while you use the site.
Cinema Classics may suspend or terminate your rights to use the site at any time, for any reason, at its sole discretion, including for any use of the site in violation of these Terms.
Upon termination, your account and right to access and use the site will terminate immediately. Termination may involve deletion of User Content associated with your account from live databases.
Copyright Policy
Cinema Classics respects the intellectual property of others and asks users of the site to do the same.
If you believe material on the site infringes your copyright and you wish to have it removed, a written notification under 17 U.S.C. § 512(c) should include:
- Your physical or electronic signature.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material claimed to be infringing and requested to be removed.
- Sufficient information to permit Cinema Classics to locate the material.
- Your address, telephone number, and email address.
- A statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
Misrepresentation of material fact in a written notification may subject the complaining party to liability for damages, costs, and attorneys’ fees.
General Terms
These Terms may be revised occasionally. If substantial changes are made, Cinema Classics may notify users by email or by prominently posting notice on the site.
Continued use of the site following notice of changes indicates acknowledgement and agreement to be bound by the modified Terms.
These Terms constitute the entire agreement between you and Cinema Classics regarding use of the site. Failure to enforce any right or provision will not operate as a waiver of such right or provision.
If any provision is held invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be modified to the maximum extent permitted by law.
Dispute Resolution & Arbitration
Please read this Arbitration Agreement carefully. It is part of your contract with Cinema Classics and affects your rights. It contains mandatory binding arbitration and a class action waiver.
Applicability
Claims and disputes connected to these Terms or use of any product or service provided by Cinema Classics that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under this Arbitration Agreement.
Notice and informal resolution
Before seeking arbitration, the party must send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief.
After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the dispute is not resolved within 30 days, either party may begin arbitration.
Arbitration rules
Arbitration will be initiated through the American Arbitration Association, or another agreed alternative dispute resolution provider if AAA is not available.
Arbitration will be conducted by a single neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Jury trial and class action waiver
The parties waive their rights to go to court and have a trial before a judge or jury, electing instead to resolve covered claims through arbitration.
Claims and disputes within the scope of the arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis.
Small claims and emergency relief
Either party may bring an individual action in small claims court. Either party may also seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration.
Claims not subject to arbitration
Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of patent, copyright, trademark, or trade secrets are not subject to the Arbitration Agreement.
Jurisdiction
Where the Arbitration Agreement permits litigation in court, the parties agree to submit to the personal jurisdiction of courts located within Philadelphia County, Pennsylvania.
Export, California Notices & Electronic Communications
Export control
The site may be subject to U.S. export control laws and export or import regulations in other countries. You agree not to export, re-export, or transfer U.S. technical data acquired from Cinema Classics, or products using such data, in violation of U.S. export laws or regulations.
California residents
California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic communications
Communications between you and Cinema Classics use electronic means, whether you use the site, send emails, or Cinema Classics posts notices or communicates by email.
For contractual purposes, you consent to receive communications electronically and agree that electronic communications satisfy legal requirements that such communications would satisfy if provided in hard copy.
Privacy, Trademarks & Contact
Privacy Policy
Please read our Privacy Policy here: Cinema Classics Privacy Policy.
Copyright and trademark information
Copyright © Cinema Classics. All rights reserved.
All trademarks, logos, and service marks displayed on the site are the property of Cinema Classics or the property of third parties. You may not use these marks without prior written consent from Cinema Classics or the applicable third-party owner.
Contact information
Questions about these Terms may be directed to Cinema Classics by email at cinemaclassicsny@gmail.com.
Contact Cinema ClassicsThanks for keeping the fine print in focus.
Once the house rules are clear, the good part begins: classic films, cult favorites, rare finds, boutique labels, imports, and shelf-worthy cinema.