Fox Bay Cinema Grill Newsletter Club
Exhibitor Marketing ("EM") is a service division of West World Media, LLC ("West World"), and specializes in email newsletters, websites, mobile sites, brochures, print newspaper ads and other marketing products used by movie theatres.
CHILDREN UNDER THE AGE OF 13
West World supports the privacy protection needs of children and do not intend to communicate with or collect any personally identifiable information from children, except when a merchant specifically wants to include children in the merchantís West World Newsletter. Generally, you must be 13 or older to join a West World Newsletter or submit any information to us. West World will only include children under 13 years of age in a West World Newsletter in compliance with applicable laws and regulations and using special registration materials to obtain parental consent that make it clear that children may enroll.
HOW WE COLLECT AND USE INFORMATION FROM WEST WORLD MEMBERS
West World provides members the opportunity to receive news, promotions and other information via email from their favorite neighborhood restaurants, stores, theaters, and other merchants. You will only receive these emails if you grant us or the merchant permission to communicate the news of the merchant to you. You must also provide us or the merchant with at a minimum your name and email address to allow us to communicate a personalized message to you. You can do this by:
completing a West World postcard to join a merchantís West World Newsletter;
West World will send you a confirmation of your enrollment in the first West World Newsletter you join in the West World Newsletter system. West World will indicate the source of your subscription request.
When you join additional West World Newsletters in the West World Newsletter system, your name and email address, and any other general information you have voluntarily provided to us in the "change my profile" section of our website accessible from an email you receive from us on behalf of a West World Newsletter sponsor ("Profile Information") will be shared with the sponsor and added to the member information for the West World Newsletter. Any information you voluntarily provide that is requested specifically for one West World Newsletter will not be shared with other West World Newsletter sponsors.
If you join one or more West World Newsletters, your information will be owned separately by the merchants whose West World Newsletters you joined. West World may send you one email to communicate when the sponsoring merchant is no longer continuing the operation of the West World Newsletter. If a merchant ends its agreement with us to support the West World Newsletter in good standing, the merchant may obtain the email addresses and names and any volunteered birthday and anniversary dates of the members of its West World Newsletter from us.
West World does not share any of your personally identifiable information with third parties, other than sharing your Profile Information with the sponsoring merchant for each West World Newsletter you join, and the service vendors that assist us with supporting the West World Newsletters. We may employ data entry firms or other vendors to assist us, and such other vendors will also be subject to confidentiality agreements and will not have any right to use or disclose member information except in connection with their contracted services.
Neither West World nor the merchant West World Newsletter sponsors obtain any information about you other than your first name and email address unless you provide it voluntarily. Please note that you are under no obligation whatsoever to provide this extra personal information in order to continue to receive your periodic promotion and special event news. If you do provide further personal interest information about yourself, you will enable us to highly personalize the communications from us on behalf of the West World Newsletter sponsors and tailor it to your own interests, needs and geographic area.
There are several ways you can disclose personal information to us and your West World Newsletter sponsors, and can be done based on the following:
The periodic emails that you will be receiving from us on behalf of your West World Newsletter sponsors will contain a User Profile option allowing you to update your contact information and provide your areas of interest relative to that merchant. The User Profile data sheet offers a Reminder Option allowing you to fill in the names of friends or relatives and their birthdays or anniversaries. Your West World Newsletter sponsor may use this information to send you a reminder notice with a special promotion.
There are several other features of the West World Newsletter, such as the Refer-A-Friend or comments options that require certain information in order to use them. The information that you provide for these options will not be used for any reason other than that for which you provide the information. West World will not use an email address you provide under the Refer-A-Friend option to contact your friend after your referral unless your friend elects to join the West World Newsletter and the referral is complete. Whenever West World runs a contest or sweepstakes, we will tell you what information we will collect from you, how it will be used, and whether we will share it with anyone, such as a third party sponsoring the contest or sweepstakes or a service provider we utilize to manage the event.
West World collects and has access to all of the above member information and may share information you provide to us specifically for a West World Newsletter sponsor in a form that may link the information with personal information that can identify you, only with that West World Newsletter sponsor. The specific West World Newsletter sponsor for whom you are providing the information will own the information. West World will share Profile Information you provide to us in the my profile data sheet accessible from an email you receive from us on behalf of a West World Newsletter sponsor with the sponsors of any West World Newsletters you join. The information may be in a personally identifiable form. West World does not share personally identifiable information that you provide specific to one West World Newsletter with the sponsors of other West World Newsletters or other third parties.
Nor does West World sell, trade, or rent your personal information to others or share it with others, except that we may share the information with the merchants sponsoring the West World Newsletters you join and with our service vendor utilized to assist us, who is subject to a confidentiality agreement, as described herein. If the ownership of a merchant sponsoring a West World Newsletter changes due to the sale of all or substantially all of the assets of the merchant or the controlling stock or other ownership interest, the new owner may have the same rights of access and ownership of your personal information as the previous owner. Similarly, if a purchaser acquires substantially all of our assets or stock, the purchaser will succeed to our rights with respect to your personal information. West Worldís service provider could also be acquired, and we have the right to use a different, or to use additional, service providers. West World will not otherwise sell or share your personal information with third parties unless we first notify you and you permit the transfer.
West World may provide aggregate statistics about the members of the sponsoring merchantsí West World Newsletters, traffic patterns, read rates, redemption rates, and related site information to advertisers and for other marketing and promotional purposes or to third party vendors. In these situations, West World would not disclose any information that could be used to personally identify you. West World does not supplement the information we collect from members with information from third parties to make member information personally identifiable.
West World will disclose member information as required by law, court order, or as requested by government or law enforcement agencies. West World will cooperate with law enforcement agencies in identifying those who use our services to further illegal activity. West World also reserves the right to report any illegal activity to law enforcement for prosecution.
West World uses IP addresses to analyze trends, administer the West World Newsletter system, track our usersí movement and web browsers used and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
West World automatically tracks certain information, including banners or other hyper-links clicked on and whether members read the email messages from their West World Newsletters. This information is provided to the respective merchant sponsoring the West World Newsletter and may include personally identifiable information.
WHAT "COOKIES" ARE - WE DO NOT USE THEM
West World does not use "cookies" in connection with the West World Newsletter system and maintains all data for tracking a userís session on our server.
A cookie is a small data file that a web site transfers to a userís hard drive when the user visits the web site. A cookie file can contain information such as a user ID that the web site uses to track the pages visited. The only personal information a cookie can contain is what the user supplies. A cookie cannot read data off a hard drive or read cookie files created by other web sites.
Many Internet services deliver cookies to visitors to their web sites; West World does not. Cookies store information about your use of their service on your computer where it can only be retrieved by the same service later. Cookies are used by Internet services to make their services more convenient and personalized. Most web browsers automatically accept cookies, but by modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. You can also delete cookies from your hard drive.
LINKS TO OTHER SITES; ADS
CONTROLLING OR CHANGING MEMBER INFORMATION
You will have the opportunity to opt out of membership in any West World Newsletter whenever you receive an email. When West World sends you confirmation of your membership by email, we will provide you with instructions on how to unsubscribe from the list and how to report that your subscription was in error. If you opt out of membership in a West World Newsletter, your name will be added to a list of individuals who have ended their membership and the transmission of emails to you will stop no later than seven business days from your request. Should you subsequently renew your membership in that West World Newsletter, your membership will be reinstated as though no break in your membership had occurred. You will have to perform the steps to unsubscribe from each West World Newsletter you wish to leave. Please note that if you do choose to cancel your membership in a West World Newsletter, your information remains in our database, but your membership will be deactivated. (Special rules will apply for the removal of information for children under the age of 13 who are specifically permitted to join a West World Newsletter.)
You also have the option of adding to, updating or changing any voluntary personal information you have provided to us. You can add to, update or change the information in your User Profile for any West World Newsletter by submitting changes to your information found in the periodic emails that you will be receiving. If you believe that any of the information West World has is incorrect, please write to firstname.lastname@example.org.
West World will retain in our files information that you have requested us to remove in some circumstances, such as to, resolve disputes, troubleshoot problems and enforce the terms and conditions of our web site. In addition, prior information is never completely removed from our databases due to technical constraints and the fact that West World backs up our systems. Therefore, you should not expect that all of your personally identifiable information would be completely removed from our databases in response to your requests.
All member data West World collects is stored on secure servers and protected against unauthorized access. None of this information is stored on the web site. The data network is a secure network protected by industry standard firewall and encrypted password protection systems. Only a few employees have access to member personal information stored in our databases. Remember to sign out of your Email account when you have finished reading your email from your West World Newsletter sponsors. West World also recommends that you do not divulge your email account password to anyone. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or you are using a computer in a public place like a library or Internet cafť.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and third parties may unlawfully intercept or access transmissions or private communications. As a result, while West World will strive to protect your personal communications and information, we cannot fully ensure or warrant that your private communications and personal information will not be disclosed to third parties.
FEEDBACK AND CONTACT INFORMATION
Copyright © 2019 West World Media. All Rights Reserved.
Cinema-Source Email Newsletters Terms & Conditions
ACKNOWLEDGEMENT OF TERMS
USER ELIGIBILITY; CHILDREN UNDER THE AGE OF 13
Cinema-Source supports the privacy protection needs of children and do not intend to communicate with or collect any personally identifiable information from children except when a merchant specifically wants to include children in the merchantís Cinema-Source e-newsletter. Generally, you must be 13 or older to join a Cinema-Source e-newsletter or submit any information to us. Cinema-Source will only include children under 13 years of age in a Cinema-Source e-newsletter in compliance with applicable laws and regulations and using special registration materials to obtain parental consent that make it clear that children may enroll. If you do not qualify, do not join a Cinema-Source e-newsletter and do not use the Services. Cinema-Source may, at our sole and absolute discretion, refuse to accept a personís (or entityís) Cinema-Source e-newsletter membership, and may, at any time after accepting membership, refuse to permit a Userís continuing use of the Services.
PASSWORD AND SECURITY
You are solely responsible for maintaining the confidentiality of any User name and password during any email session and you are fully responsible for all activities that occur under your password or account. You agree to: (i) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. Cinema-Source cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
"Information" is defined as any content, data, material or work product provided by a User within Cinema-Source e-newsletters or to any other User in the registration, or listing process, or by way of any public message area, electronic mail, postal delivery, or other communication tool. The User is solely responsible for verifying the quality, accuracy, reliability, legality and completeness of all Information. Any reliance by the User on Information will be at the Userís sole risk. Therefore, you and other Users are solely responsible for independently verifying the background of other Users as well as the nature and character of the Information received. You acknowledge and agree that Cinema-Source does not necessarily pre-screen or monitor any Information (including each Userís purported identity), but that we or our designees will have the right, but not obligation, at their sole and absolute discretion to refuse, move, or remove any Information. If you view or receive Information that you believe is inconsistent with the Agreement, you may email us with your concerns at email@example.com. Cinema-Source will review such communications and take actions we deem appropriate, in our sole discretion. Cinema-Source will not have any liability or responsibility to Users for any action or failure to take any action, even if we have been notified that Information may not comply with the Agreement. Without limiting the foregoing, Cinema-Source or our designees will have the right to remove any Information that violates the Agreement or is otherwise objectionable. You acknowledge and agree that your reliance on any Information created by us or submitted to us is at your own risk. You further acknowledge and agree that Cinema-Source may preserve any Information at our sole and absolute discretion and may also disclose such Information if required to do so by law or in our belief that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce the Agreement; (iii) respond to any claims that any Information violates the rights of any other party; or (iv) protect our rights, property or personal safety or the rights, property or personal safety of any other person. With respect to all Information you provide (including any associated copyrights, trademarks, or other intellectual property or proprietary rights), you represent that you are the sole owner of the Information or that you have the right to license the Information as provided in the following sentence. You grant to Cinema-Source e-newsletters the royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Information in whole or part and/or to incorporate it in other works in any form, media, or technology now known or later developed.
MODIFICATIONS TO SERVICES/INFORMATION
You acknowledge and agree that Cinema-Source may change, modify, amend, suspend or discontinue any aspect of this Web Site, the Information, a merchant Cinema-Source e-newsletter, or Services, at any time, without notice and without liability to you or any other User or to any third party. You acknowledge and agree that Cinema-Source may place, at our sole and absolute discretion, any limitations on Usersí use of the Services or the providing of Information. Without limiting the foregoing, Cinema-Source may limit the maximum number of days that Information is available, the maximum size of any Information provided, the maximum amount of storage space allotted to a User, and the maximum amount of time or number of times that the Services may be accessed during a particular time period. You acknowledge and agree that Cinema-Source has no responsibility or liability for the deletion or failure to store any Information contained within this Web Site or transmitted by Users, including you, or transmitted by us in connection with the Services. You also acknowledge and agree that Cinema-Source reserves the right to terminate accounts that are inactive for an extended period of time.
ROLE OF CINEMA-SOURCE E-NEWSLETTERS
Cinema-Source provides a venue for consumers and merchants to develop mutually beneficial business relationships. The Services related to this Web Site that Cinema-Source provides include administration of a localized permission email program on behalf of merchants. As such, Cinema-Source is neither a principal interested in any transactions, nor an agent of either the consumers or the merchants. Because Cinema-Source is not a party to any transaction between a consumer and a merchant, we do not make, and should not be construed as having made, any representation or warranty of any kind including, but not limited to, any representation or warranty concerning (i) the quality, safety, or legality of any offerings advertised; (ii) the truth or accuracy of any representations made or any Information provided such as with respect to any offering, User or business; (iii) the ability of a merchant to complete a sale in accordance with the offering or otherwise, or in accordance with any additional offering; or (iv) the ability of a consumer to complete or pay for a purchase. In the event of any dispute regarding any transaction between a consumer and a merchant conducted through use of the Services (a "Dispute"), you agree that Cinema-Source e-newsletters, its affiliates and subsidiaries, and the respective owners, directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns of Cinema-Source e-newsletters (the "Released Parties") will have no liability to you, based on our role described in the paragraph above. You hereby release the Released Parties, each individually and collectively, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneysí fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute. If you are a California resident, you waive the application of California Civil Code 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You represent, warrant and covenant that: (a) you will immediately notify us in writing or by electronic mail of any unauthorized use of a user name or password; (b) you will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or violate or attempt to violate the security of this Web Site; (c) your use of the Services including the providing of any Information will not: (i) be false, inaccurate, misleading or incomplete, and you will immediately correct any Information that is not accurate, reliable, legal or complete; (ii) infringe upon any third partyís copyright, patent, trademark, or trade secret rights; or rights of publicity or privacy; or other proprietary rights; (iii) be fraudulent; (iv) violate any local, municipal, state, provincial, national, regional, international or other law, statute, ordinance or regulation (each a "Law" and collectively "Laws"), including without limitation those governing export control, child privacy, consumer protection, sending unsolicited email or "spam", unfair competition, anti-discrimination, false advertising, U.S. or international embargo or United Nations resolution with respect to any embargo; (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) Be obscene, pornographic or indecent; (vii) create liability for Cinema-Source e-newsletters nor cause it to lose in whole or in part the services of its vendors, suppliers, or any other third party; (viii) involve any collusion with any other User; (ix) contain any viruses, "Trojan horses," "worms," "time bombs," "cancelbots" or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (x) Attempt to violate or violate the security of this Web Site, including accessing data not intended for you or logging into a server or account you are not authorized to access, or attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures; and (d) You will provide your own access to your email account and the World Wide Web and pay any service fees associated with such access, and provide all equipment necessary for you to access your email account and make such connection to the World Wide Web, including a computer and modem.
Cinema-Source expressly reserves the right to terminate the use of, or to refuse to permit the use of, one of or any of the Services by any person or entity, at our sole and absolute discretion, for any reason or for no reason.
You acknowledge and agree that we do not collect, and will not be held responsible for the collection of, any sales tax, use tax, transfer tax, or any other tax or fee which may be assessed by any jurisdiction having taxing authority over any transaction conducted through the Services or this Web Site. Additionally, Cinema-Source is not responsible for the calculation of any taxes or the reporting or remittance of any taxes to any taxing authority. You expressly agree and warrant that you will comply with any applicable laws and regulations, including without limitation, those with respect to taxes. You agree to defend, indemnify, and hold harmless Cinema-Source and the other Released Parties from and against any damages, penalties, costs and expenses incurred by or imposed upon us or any of the Released Parties resulting from any failure by you to comply with applicable tax laws.
LINKS TO OTHER SITES; ADS
DOWNLOADING AND USING INFORMATION
You hereby release us and the other Released Parties from any actual or alleged damages that may result from your downloading or using any Information. If you are a California resident, you waive the application of California Civil Code 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Both you and Cinema-Source are independent contractors. Neither party is an agent, representative, broker, employee, franchisee or partner of the other party. The Agreement will not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or related liability upon either party.
CHOICE OF LAW
The Agreement, and all questions with respect to the interpretation of the Agreement, will be governed by and construed in accordance with the internal laws of the State of Delaware and without regard for conflict of laws provisions. You expressly consent to personal and exclusive jurisdiction in the state courts of Delaware or in a Federal Court located within the state of Delaware. The parties agree that the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods will not apply. If Cinema-Source prevails in any dispute with you, we will be entitled to our reasonable attorneysí fees and litigation costs.
You will defend, indemnify and hold harmless us and the other Released Parties, from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorneysí fees and costs) incurred by any of the Released Parties arising from or related to: (i) the use of the Services or any Information; (ii) any breach or violation of the Agreement by you; (iii) any breach of any of your representations, warranties and covenants; or (iv) the violation of any rights of another.
NO RESALE OF INFORMATION/SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose other than as provided herein, any portion of the Services, use of the Services, or access to the Services.
PROPRIETARY RIGHTS OF CINEMA-SOURCE E-NEWSLETTERS
You acknowledge and agree that this Web Site, the Services, Information, and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the contents of this Web Site, including the compilation and arrangement of text, graphics, images, scripts, and any Information presented to you (collectively referred to as the "Contents"), are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Regardless of the extent to which the Software and the Contents are protected by copyright and except as expressly authorized by us or the provider of the Information, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on this Web Site, the Services, the Software or the Contents, in whole or in part. You must retain all copyright and other proprietary notices contained in the original Software or Contents on any copy you make of the Software or Contents. Cinema-Source e-newsletters grants you a personal, non-transferable and non-exclusive right and license to use the object code of any Software it may provide on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by us for doing so. Cinema-Source e-newsletters and any logos associated therewith are trademarks or service marks of West World Media, LLC ("West World"). No display or use of such marks may be made without the express written permission of West World. Other designated trademarks, service marks, tradenames and brands are the property of their respective owners, and may not be displayed or used without the express written permission of the owner.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION MADE AVAILABLE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES, WILL BE TIMELY, SECURE, UNINTERRUPTED, VIRUS FREE, ACCURATE, RELIABLE, COMPLETE, USEFUL OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS WEB SITE OR THE SERVICES WILL MEET USERSí REQUIREMENTS, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH USING THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USERíS OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES AND PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTION, INCONVENIENCE OR OTHER INTANGIBLE LOSSES (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY SERVICES OR INFORMATION, INCLUDING: (i) THE USE OR THE INABILITY TO USE THE INFORMATION OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS AND SERVICES RESULTING FROM ANY ITEMS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR COMMUNICATIONS RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY COMMUNICATIONS OR INFORMATION; (iv) INFORMATION OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES PROVIDED. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE AGREEMENT OR THE USE OF THE SERVICES, INCLUDING ACCESSING THIS WEB SITE, EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS ($100.00). EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THE AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THE AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THE AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THE AGREEMENT. THE FOREGOING LIMITATION WILL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU UNDERSTAND AND AGREE THAT THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS WILL APPLY FOR THE BENEFIT OF OUR THIRD PARTY SERVICE PROVIDERS, INCLUDING MERCHANT INTERNET GROUP, INC., WHO WILL BE DEEMED THIRD PARTY BENEFICIARIES OF THE ABOVE PROVISIONS ENTITLED TO RELY ON AND ENFORCE THE PROVISIONS IN THEIR OWN RIGHT.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Cinema-Source requires you submit any notices to us by both email and postal mail. Cinema-Sourceís postal address is, Cinema-Source, E-Newsletter Manager, Cinema-Source, 63 Copps Hill Road, Ridgefield, CT 06877. The email address is firstname.lastname@example.org. You will receive any notice to you by email or by postal delivery using an address you give us. Cinema-Source is not responsible if the notice does not arrive, nor are we responsible for determining if an address you give is correct. Notice will be deemed given within three (3) days after the date of the postal mailing, if such an address is used; otherwise within twenty-four (24) hours if given by us only by email.
If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible to affect the intent of the Agreement, and the remainder of the Agreement will continue in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to the use of the Services, including accessing this Web Site, or any Information must be filed within one (1) year after such claim or cause of action arises, or be forever barred.
Cinema-Sourceís failure to exercise or enforce any right or provision of the Agreement will not be deemed a waiver of such right or provision. No waiver of any term of the Agreement will be deemed a further or continuing waiver of such term or any other term.
Captions are for reference purposes only and do not define, limit, construe or describe the extent or scope of any section.
CONTACTING WEST WORLD MEDIA E-NEWSLETTERS
If you have any questions about the Agreement, the practices of this Web Site or your dealings with this Web Site, you may contact us at:
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