TERMS AND CONDITIONS OF USE
These terms and conditions regulate the relationship between you (regardless of "User, End User, Client") and CineplayMAX in relation to the rental and sale of digital content, movies, television programs, live events and any audiovisual work ( the “Content”) provided by CineplayMAX via the Internet, including any digital media that is currently used or any other that will be used in the future (the “Service”).
By registering as a User, you understand, agree and expressly and irrevocably accept the terms and conditions of the Service, as well as those restrictions and caveats established herein.
CineplayMAX reserves the exclusive right to modify the terms and conditions, at any time and for any circumstance, using as notification of any modification, the sending of the communication via email and/or the publication on the website www.cineplaymax.com to take effect in front of the User.
Registration / Account
In order to use the Service, you must register on the website www.cineplaymax.com and create a customized account with exact and updated information, following the steps and instructions indicated there.
You are responsible for the use of your account, including not authorizing third parties, so we ask that you be careful to protect the security of your account and password.
We recommend that you make sure to close your session correctly at the end of each visit, in order to avoid misuse by unauthorized third parties, since in this case CineplayMAX will have no responsibility.
Unless there was information gathering for the provision of the Service (for example: payments, costs, transactions, etc.), either by CineplayMAX and/or third parties that collect information, do not disclose your account information to anyone else, since CineplayMAX is not responsible for any damage, loss, effect or loss derived from the unauthorized use of your account. You agree to immediately notify CineplayMAX of any security breach in your account.
You agree to provide and keep current, accurate and complete information when you register and during the term of use of the Service.
The Service is only available for individuals 12 years of age and older. People between 12 and 17 years old should review the terms and conditions with their parents or guardians, in the understanding that by registering, they consent to the use of the Service and understand, agree and accept its terms and conditions, as well as those restrictions and exceptions that within they are established.
It is the sole responsibility of the parents or guardians, to impose restrictions or access measures on their minor children or guardians, regarding the account(s) of the owner(s).
The use of the Service requires, or may require, compatible devices, Internet access and certain software (fees may apply). Likewise, the Service may require periodic updates and may be affected by the performance of any of the aforementioned factors.
High-speed Internet access is recommended for regular use, as well as using the latest version of the software required to access the Service and may be required for certain transactions or options, and to access certain Content. You accept and agree to comply with these requirements, which may change periodically.
The Service is not part of any other CineplayMAX product or offer and any purchase and acquisition of any other product or service offered by CineplayMAX must be interpreted in the way that represents or guarantees your access to the Service.
Any charge that must be made by virtue of the Service, may be made by CineplayMAX and/or third parties that are related to CineplayMAX.
Types of Service
Once registered on the website www.cineplaymax.com, you can choose to purchase any of the following services:
- Online rental service via access or streaming on a device compatible with the Service of an available audiovisual work, in exchange for the payment of the corresponding price. For this service, you will be allowed to view the content only on one device at a time and you will be able to view the work on up to 2 devices registered on your account, from the moment immediately after making the rental payment and up to 48 hours to watch it. Pausing, rewinding or restarting content does not extend the time available to view it.
For the purposes of this Service, a device should be understood as any electronic equipment that has the authorization and capacity to decode the films and audiovisual content that are provided online by this Service.
CineplayMAX assumes no responsibility regarding the performance of the devices, including the compatibility of the device with the Service.
You agree that, if the content is not accessible through the aforementioned devices, it will be your responsibility to consult with the manufacturer of the device, so CineplayMAX is not subject to any liability.
Users with unauthorized devices will be blocked from accessing the content.
It is agreed that the number of devices through which you can view the Content may change, depending on the conditions, policies and restrictions of the providers and third parties that have interference in them.
Prices and Payments
The prices published in each Content are net values, so they already include VAT, if applicable.
The prices of each Content may change without prior notice.
The payment methods established by CineplayMAX for the purchase of any service varies per countries and may include credit card, payment in banks, interbank transfer, cash (SuRed, efecty, Baloto). All transactions are made through PayU gateway, https://www.payulatam.com / co / rates / # / means-of-payment /, and the payment methods can change from time to time. Local currency payments are only available in Chile, Colombia, Mexico and Peru.
CineplayMAX reserves the right to change the options (including, without limitation, costs, availability, accessibility, etc.) of the Content at any time, being enough notice the communications that CineplayMAX makes through any electronic means, notifying the Users of the modifications.
The availability of the Content will be modified or can be modified periodically. The image quality of the Content transmitted over the Internet may vary from computer to computer, device to device and may be affected by various factors, such as location, available bandwidth and/or the speed of your Internet connection.
All charges for Internet access will be incurred by the User. Ask your Internet provider for information about possible data consumption charges for Internet use. CineplayMAX does not guarantee the quality of images or the speed of the Service.
The types and descriptions of the Content (for example, by way of example and not limited to: movie titles, ratings, covers, synopsis, etc.) may be provided by third parties for informational purposes, so the User accepts and acknowledges that CineplayMAX does not guarantee its accuracy.
Available Content may be classified (by way of example and not limitation) from time to time and at CineplayMAX's discretion into movies, series, television shows, live events (including concerts and sporting events), etc.
Content Considerations, specifically movies
Movie ratings may vary per region
The ratings may be:
Children ALL, 7+
Adults 16+, 18+
CineplayMAX offers a wide variety of films of various genres, as well as premieres. For the purposes of these terms and conditions of use, premieres should be understood as films that have recently been exhibited in cinemas or have not yet been released in cinemas.
Use of Content
You agree that the Service and certain products include security technology that limits your use of the Content and that, regardless of whether these products are limited by security technology, you will use the products in accordance with the rules established here by CineplayMAX and its licensors ("Rules of Use"), and that any other use of the products may constitute a violation of copyright, as well as their intellectual and industrial property.
CineplayMAX reserves the right to modify the Rules of Use at any time. The User expressly and irrevocably agrees not to violate, evade, reverse engineer, decode, disassemble or in any way, alter with technology, the security of the Service, the site and/or the Content.
In addition to those rules and restrictions established in these terms and conditions, the following are established:
- You will be authorized to use the Content solely and exclusively for personal use and its use for commercial, for-profit, direct or indirect, or even non-profit purposes is expressly prohibited, including without limitation: recording, reproducing, filming, video record it, transfer it, synchronize it and/or fix it.
- The access or streaming of the Content will be done solely, exclusively and personally, through the digital platform provided by CineplayMAX or third parties, for which you will not have the right to copy (including without limitation: recording, playing, filming, video recording, transfer, synchronize and/or fix) the Content in any other means, support or technology other than the aforementioned platform.
- The use of the Content does not transfer any commercial or promotional use rights to it. Any ability to reproduce or export is only a service to you and does not constitute an assignment, waiver or other limitation of any of the rights of the copyright owners in any Content.
- The aforementioned restrictions also include, but are not limited to, texts, graphics, settings, interfaces, logos, photographs, audio, video, and phonogram materials. It is also prohibited to create derivative works or materials that come from or are based in any way on the Content including montages, mixes, similar videos and/or any material.
The authorizations for access and/or account management, which you provide or grant to third parties (for example: children, family, friends), are and will be at your own and exclusive responsibility, expressly releasing CineplayMAX from any obligation or liability in this regard, as well as the consequences of the use that third parties give. In any case, third parties will be subject to the provisions of these terms and conditions.
Third Party Content
Certain Content, products and services provided by CineplayMAX, may include third-party materials, such as, without limitation: links to websites, promotions, data, etc.
You agree that CineplayMAX is not responsible for examining or evaluating the Content or its accuracy, and that CineplayMAX does not guarantee and will have no liability for any third-party material or websites, or for any other third-party material, products or services. You agree that you will not use any third-party material in a way that infringes or violates the rights of any other party and that CineplayMAX is in no way responsible for such use on your part.
Content Display Coverage
Content purchased for rental and purchased through this Service will be available globally or in specific territories depending on availability and authorized permissions to CineplayMAX. If CineplayMAX detects any breach or restriction by the policies of any country regarding this provision, it may block the Content so that you will not have the right to make a claim in this regard.
You agree that the Service, the Content, the products, graphics, designs, brands, drawings, interfaces, audio clips, video clips, editorial content, scripts and software used in the Service, contain information and confidential material that is the exclusive property of CineplayMAX and/or its licensors and that is protected by the applicable laws of intellectual and industrial property.
The User agrees that she/he will not use that information or confidential material in any way except to use the Service in accordance with these terms and conditions.
No part of the Service and/or the Content may be reproduced for commercial or profit purposes, in any way or by any means. The User expressly and irrevocably accepts not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service and/or the Content, in any way, nor will it exploit the Service in any unauthorized way including, but not limited to, the transgression or the overload of the network capacity.
Without prejudice to any other provision established in these terms and conditions, CineplayMAX and its licensors reserve the right to modify, suspend, eliminate, or deactivate access to the Content and/or any product or other material that is part of the Service, at any time and without prior notice. In no case will CineplayMAX be responsible for making these changes.
CineplayMAX may also impose limits on the use of certain Content, applications or portions of the Service, in any case and without prior notice, or any liability on its part.
All rights to reproduce the Service and/or Content (including the compilation of content, exhibitions, links to other Internet resources, and descriptions of those resources) and related software, are property of CineplayMAX and/or its licensors, who reserve all relevant legal rights and actions.
CineplayMAX logo and other trademarks, commercial notices, graphics, drawings and designs used in connection with the Service, as well as the design of the website and other elements of copyright, are exclusive property of CINEPLEX INC.
Other trademarks, service marks, graphics, and logos used in connection with the Service and/or Content may be trademarks of their respective owners or holders. The Service does not imply in any way, transfer to the User of rights or license regarding any brand.
The User accepts that in case of incurring or presumed to have incurred in any conduct or fact that violates any industrial or intellectual property right, CineplayMAX may, without prior notice, provide the information that accredits or presumes its responsibility to the competent authorities, and exercise the Legal actions deemed pertinent, in order for the respective investigations to be carried out and responsibilities to be determined, as well as if any authority requires information from CineplayMAX about the actions or acts carried out by you, they will be provided without prior notice or notification.
By using the Service and making the corresponding payment, you may request, if you wish, the issuance of the corresponding invoice, for which we ask you to contact the email address email@example.com to request it, it is worth mentioning that you can only request it during the current month.
The company that may issue the invoice for the requested service will be CINEPLEX INC and/or some affiliate or subsidiary company.
Once you make the rental payment or purchase of the Content, it cannot be canceled, therefore no refunds can be made. Also, no refunds will be given for unseen content.
If the User fails to comply with any of the provisions of the terms and conditions, CineplayMAX in its sole discretion, without the need to give prior notice, may: (i) terminate the Service and/or delete your Account, and you will continue to be responsible for all the amounts due, if any, as well as for the damages that you may have caused to CineplayMAX or any third party; and/or (ii) terminate the software license for the use of the Service; and/or (iii) prevent access to the Service (or any of its parts).
It will also be a cause of termination of the Service, without liability for CineplayMAX, if you carry out any conduct, by which you use any work or protected industrial and intellectual property right without the express consent of the owner, framing those actions in infringements in matters of trade and/or copyrights and/or of any other nature, in addition to the judicial penalties that may result and/or crimes established in the applicable criminal law.
CineplayMAX reserves the right to modify, suspend, or interrupt the Service (or any of its parts) or the Content, at any time with or without prior notice to the User, and CineplayMAX will not be liable to you or any third party who exercises those rights.
Disclaimer of Warranties / Limitation of Liability
CineplayMAX is solely a provider of the Content and its responsibility with respect to the provision of the Service is limited to making the Content available to the User, in the terms and conditions established in these terms and conditions. CineplayMAX is not a concessionaire of networks, fibers, spectra or any other telecommunication element, therefore, it is not responsible for failures in the physical or digital media in installations, transfers, interconnections, etc., which are provided by concessionaires, service providers telecommunications (including internet) or by third parties.
By virtue of the foregoing, CineplayMAX does not guarantee or declare that your use of the Service or the Content will be uninterrupted or error-free.
CineplayMAX will make the best efforts so that in case of failure, interruptions or any unforeseen event related to the Service or Live Event Content, it is solved quickly and satisfactorily for the User, however, when dealing with events that are not operated, coordinated and supervised by CineplayMAX from the source of its transmission, is not responsible for any failure, interruption or unforeseen that such event suffers.
Any cancellation or elimination of the Service or Content for specific or indefinite periods of time, will be made known to the User, except in the case of live events, indicated in the previous paragraph.
The User expressly accepts that your use of the Service is at your own and exclusive risk. The Service, the Content and all the products and services delivered to the User through the Service available at the time of their use, are without guarantees of any kind.
CineplayMAX does not guarantee that the Service will be free from loss, corruption, attack, virus, interference, hacking, entry or other security alteration, so it disclaims any responsibility related to them.
Waiver / Indemnification
By using the Service, the User agrees, to the extent permitted by law, to indemnify and keep CineplayMAX directors, executives, employees, affiliates, agents, legal representatives, suppliers and licensees, safe and secure, in regard to any claim derived from non-compliance of the terms and conditions, the use that you make of the Service and/or the Content, or any action taken by CineplayMAX as part of its investigation regarding a possible violation of these provisions or derived from the conclusion or decision of CineplayMAX in the sense that there was a violation of them.
The User expressly agrees to abide to the provisions of the applicable local and federal laws in the United States of America.
You expressly agree that the exclusive jurisdiction in the case of any claim or controversy with CineplayMAX or related in any way to your use of the Service is subject to the courts in Miami, Fl, USA.
Notifications and Clarifications
In relation to the Service, CineplayMAX may send you notices and/or notify you, regardless of your choice, by: (i) a publication on the website www.cineplaymax.com, (ii) sending an email to the email address of your account. Notifications will take effect immediately upon publication or communication, as the case may be.
CineplayMAX designates firstname.lastname@example.org as the email address to receive notifications.