TERMS OF SERVICE
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY SITE. BY DOWNLOADING, INSTALLING OR USING ANY SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Scope Of Use
FREMONT CINEMAS invites you to view, use and download a single copy of the Sites for your informational, personal, non-commercial use solely during the term of this Agreement. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through any Site may be copied, downloaded, or stored in a retrieval system, nor may the same be redistributed for any purpose, without the express written permission of FREMONT CINEMAS. FREMONT CINEMA’s mobile applications are licensed, not sold. As between FREMONT CINEMAS and you, FREMONT CINEMAS is the exclusive owner of all Sites. Nothing herein shall be deemed to confer on you any title to or ownership right in any Site. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works based on any Site. All rights not specifically granted by FREMONT CINEMAS herein are hereby reserved by FREMONT CINEMAS. FREMONT CINEMAS may terminate, change, suspend or discontinue any aspect of any Site at any time and in FREMONT CINEMA’s sole discretion without any liability to you.
Compliance With Laws
You agree to comply with all laws, rules and regulations applicable to your use of the Sites.
“FREMONT CINEMAS Marks” means FREMONT CINEMAS and all other trademarks, service marks and other commercial symbols used in connection with FREMONT CINEMAS or its affiliates’ business. All FREMONT CINEMAS Marks are the exclusive property of FREMONT CINEMAS, its affiliates or third-party licensors. This Agreement does not authorize you to use any FREMONT CINEMAS Mark, and you agree not to use any FREMONT CINEMAS Mark in any manner without the prior written consent of FREMONT CINEMAS, which consent may be withheld in the sole discretion of FREMONT CINEMAS. Unauthorized use of any FREMONT CINEMAS Mark may be a violation of federal and state trademark laws.
The Sites are protected by U.S. copyright laws and international treaties. All materials contained in the Sites are the copyrighted property of FREMONT CINEMAS or its affiliates or third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of any Site, or any components thereof, without the express written permission of FREMONT CINEMAS.
Links To Third Party Websites
Certain areas of the Sites may enable you to post content, submit emails, or otherwise provide feedback or other information to FREMONT CINEMAS.
Pricing and Convenience Fees
In the event of a pricing error on any Site or social network site, FREMONT CINEMAS reserves the right to correct, modify or change such pricing at any time and once corrected, shall be effective and apply only as corrected.
A non-refundable convenience fee (“Fee”) will be payable when purchasing tickets online through FREMONT CINEMA’s mobile apps or fremontcinema.com The Fee is charged in addition to the price of each ticket and the amount of the Fee will be displayed during the online ticket purchase process. If you would prefer not to pay the Fee, it is possible to purchase tickets at the theatre in person, where it will not apply. By confirming your online booking, you agree to pay the Fee, in addition to the price payable for tickets. Fees may vary by ticket type (for example, tickets for 2D showtimes may have a lower Fee than tickets for IMAX showtimes).
Your Provision Of Personal Information To FREMONT CINEMAS
When you provide information about yourself to FREMONT CINEMAS, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or FREMONT CINEMAS has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, FREMONT CINEMAS has the right to suspend or terminate any account you establish in connection with your use of any Site and refuse any and all current or future use of the Sites or any portion thereof.
User Content on The Sites
You understand that all information, data, or other materials that are posted on or transmitted in connection with any Site by you or another user (“User Content”) are the sole responsibility of the person from whom such User Content originated. This means that you, and not FREMONT CINEMAS, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Sites. FREMONT CINEMAS does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Sites, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will FREMONT CINEMAS be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with any Site.
In connection with your use of the Sites, you agree not to:
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Sites;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 8. interfere with or disrupt the operation of the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of the Sites or any networks connected to the Sites; or
- collect or store personal data about other users.
Although FREMONT CINEMAS does not pre-screen User Content, FREMONT CINEMAS has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, FREMONT CINEMAS has the right to remove any User Content that violates this Agreement.
Your Grant Of Limited License
Registration And Passwords
The Sites may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Sites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
Disclaimer Of Warranties
THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FREMONT CINEMAS AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL FREMONT CINEMAS OR ANY OF ITS AFFILIATES, PARTNERS OR LICENSORS (INCLUDING WITHOUT LIMITATION GOOGLE AND APPLE), OR ANY OF THE RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LICENSEES OR REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, ANY SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF FREMONT CINEMAS OR ANY OTHER RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FREMONT CINEMA’S AND THE OTHER RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, FREMONT CINEMA’S TOTAL LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO $100.
You agree to defend, indemnify and hold harmless FREMONT CINEMAS, its affiliates, and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User Content you submit, post, transmit or make available through any Site, your violation of this Agreement, or your violation of any third party rights.
The Sites may include statements concerning FREMONT CINEMAS and/or its affiliates’ operations, prospects, strategies, financial condition, future economic performance and demand for FREMONT CINEMAS and its affiliates’ products or services, as well as its intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond FREMONT CINEMAS control. When used on the Sites, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions are intended to identify forward-looking statements designed to fall within securities laws safe harbors for forward looking statements. The Sites and the information contained therein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of FREMONT CINEMA’s or its affiliates’ securities-related filings or documents.
Choice Of Law And Jurisdiction
This Agreement shall be governed by the laws of the State of Michigan without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of any Site must be resolved in the state or federal courts situated in the State of Michigan. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR FREMONT CINEMAS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in connection with this Agreement in any forum unless you provide FREMONT CINEMAS with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, FREMONT CINEMAS shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If FREMONT CINEMAS seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys’ fees and costs.
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by FREMONT CINEMAS of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by FREMONT CINEMAS to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive FREMONT CINEMAS of the right to insist upon strict adherence to that term or any other term of this Agreement.
FREMONT CINEMAS reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement. Upon any termination of this Agreement, all rights granted to you and all benefits accrued by you under this Agreement shall automatically terminate, and you must promptly discontinue all use of and access to the Sites. The terms and conditions of this Agreement which by their nature reasonably should survive termination of this Agreement shall survive any termination of this Agreement.
You may not assign, delegate or transfer this Agreement or any of your rights hereunder, and any attempt to do so will be null and void.
Infringement Claims In accordance with the Digital Millennium Copyright Act, if you believe in good faith that material on the Sites infringes your copyright, you may submit a notice requesting that the material be removed to FREMONT CINEMA’s designated Copyright Infringement Agent by mail or e-mail to:
Fremont Cinemas, LLC.
Attn: Legal Department
1027 W Main St
Fremont, MI 49412
In order for FREMONT CINEMA’s Copyright Infringement Agent to act on your notice, you must provide the following information in such notice:
- the identity of the infringed work, and of the allegedly infringing work (and where such work is located on the Sites);
- your name, address, daytime phone number and email address, to the extent available;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you, your agent or the law;
- a statement of the accuracy of the notice and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner; and
- your electronic or physical signature.
Google and Apple
Notices to California Consumers
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you have any questions about this Agreement, you can contact us as follows:
- You can send your request for information using FREMONT CINEMA’s contact form. You can send your request for information to the following postal address:
Fremont Cinemas, LLC. 1027 W Main St. Fremont, MI 49412 Attn: Customer Service