Terms of Service

This web site represents a legal document that serves as our Terms of Use and it governs the legal terms of our App, http://www.cinemausher.com, sub-domains, and any associated web-based and mobile applications (collectively, "App" or "Software"), as owned and operated by CinemaUsher. By using our Software you acknowledge that you have read and understand these Terms and as such have constituted your agreement to be legally bound by the guidelines set forth herein. If you do not agree to the Terms contained herein, uninstall/remove the software and do not use it in any manner whatsoever.

We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our App, and you should review all Legal Terms prior to using our App. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them. The materials contained in this App are protected by applicable copyright and trademark law.

The last update to our Terms of Use was posted on 16 March 2015.

1. Definitions

1.1. The terms "we"/"us"/"our" refers to CinemaUsher, the owner of the App.

1.2. All references to "you"/"your"/"yours" shall mean you, the Client and User.

1.3. All references to "Fee" shall mean the sum payable by you to us for services rendered or products received.

1.4. A "Visitor" is someone who merely browses our App, but has not registered as Member.

1.5. A "Member" is an individual that has registered with us to use our Service.

1.6. A "User" is a collective identifier that refers to either a Visitor or a Member.

1.7. Our "Service" represents the collective functionality and features as offered through our App to our Users.

1.8. All references to "the Parties" shall mean the Client/User and CinemaUsher jointly.

1.9. All text, information, graphics, audio, video, and data offered through our App are collectively known as our "Content".

2. Grant of License Agreement

2.1. Subject to your compliance with the terms and conditions set forth herein, CinemaUsher hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software.

2.2. We are not responsible for the content posted by its users and all user content must comply with Section 3 and Section 10 herein.

3. Restrictions on Use

3.1. Permission is granted to temporarily download one copy of the materials (information or software) on CinemaUsher’s App for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon;
  2. install the Software onto a server so that it is accessible via a public network;
  3. share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it;
  4. remove any copyright or other proprietary notations from the materials; or
  5. delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof.
Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to the App at law or in equity.

3.2. Listing of offered products on the App could be used only for lawful purposes by Users of the App. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of CinemaUsher without express composed consent.

3.3. You might not use any meta tags or any various other "unseen text" utilizing CinemaUsher's name or trademarks without the express written consent of CinemaUsher.

3.4. You agree not to offer or modify any content found on the App consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of CinemaUsher, in other way that is likely to trigger confusion among consumers, that disparages or challenges CinemaUsher or its licensors, that dilutes the strength of CinemaUsher's or its licensor's residential property, or that otherwise infringes CinemaUsher's or its licensor's copyright rights.

3.5. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other App or in a networked computer system environment for any purpose is prohibited. Any code that CinemaUsher develops to generate or show any Material of the pages making up the App is likewise secured by CinemaUsher's copyright, and you may not copy or adjust such code.

3.6. CinemaUsher has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the App breaches these Terms please contact our marked representative as set forth below.

3.7. If alerted by a User of any products which allegedly do not conform to these Terms, CinemaUsher could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. CinemaUsher has no liability or duty to Individuals for efficiency or nonperformance of such activities.

3.8. NOTICE OF VIOLATIONS

  1. Violations to the Terms include using our Software to post inappropriate comments, posting comments unrelated to the discussion topics, posting advertisements or links to third party websites, solicitation, or self promotion.
  2. All comments, user names, profile pictures, and user content must not contain any inappropriate, lewd, or sexual references or images as such content is grounds for immediate termination under Section 10.
  3. Any such violation referenced in Section 3.8(i) above shall be cured immediately. Failure to do so or repeat violations may result in termination of your account as per Section 10 of this agreement.

4. Title and Ownership

4.1. The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by CinemaUsher and/or its licensors and are protected under copyright laws and treaties.

4.2. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by CinemaUsher and/or its licensors.

5. Third Party Software

5.1. Any third party software that may be provided with the Software is included for use at your option.

5.2. Such third party software is provided under the terms of the license attached/linked within said third party software or, if no such license is attached, such third party software is provided AS IS.

5.3. We are not liable for any losses or damages which may occur from the use of any third party software.

6. Updates/Upgrades

6.1. CinemaUsher improves the Software from time to time and may update/upgrade the Software at its sole discretion, with or without notification, with the exception of areas that affect your privacy, which shall be subject to your specific acceptance. We may update this policy at any time; please check back frequently to stay current.

6.2. At CinemaUsher's sole discretion, CinemaUsher may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, CinemaUsher may, but is not obligated to, provide email and/or internet based support with online help.

6.3. Your continued use of the Software, following any revision of the Software, constitutes your acceptance of any such changes.

7. Paid and Non-paid Accounts

7.1. The total cost for the basic (light) version of this Software is free.

7.2. There is an additional cost required for the premium version of the Software. This amount will be automatically billed from the date you convert to a Premium Account.

7.3. Please note that if applicable, you may be charged taxes based on your jurisdiction. You are responsible for all applicable taxes.

7.4. Your Premium Account will remain active until cancellation or termination under these Terms.

7.5. You accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the App might result in the immediate termination of your account. CinemaUsher additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.

7.6. CinemaUsher does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

8. Compliance with Law

8.1. This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content.

8.2. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations.

8.3. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

8.4. CinemaUsher reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

9. Changes to Software or License Agreement

9.1. CinemaUsher may modify, suspend, or discontinue any aspect of the Software at any time.

9.2. CinemaUsher reserves the right to modify the Terms whereby material changes will be disclosed to you through a patch process or through website posting. CinemaUsher's liability solely resides in sending the email and CinemaUsher hereby waives any issues of transmission errors that may result in the User not receiving any such notification.

9.3. Except for changes to the Terms and License Agreement contained herein that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software, Terms, or License Agreement contained herein, constitutes your acceptance of any such changes.

10. Immediate Termination

10.1. GROUNDS FOR ACCOUNT TERMINATION INCLUDE :

  1. The username that uses profane, lewd, sexual or otherwise inappropriate terms;
  2. profile pictures that show obscene images or expresses sexual or lewd content;
  3. comments that are disrespectful, obscene, derogatory, or discriminatory;
  4. repeat violation of use as per Section 3.8 above.

10.2. CinemaUsher may terminate the License Agreement as set forth in Section 2 of this Agreement at any time with or without prior notice.

10.3. You may terminate the License Agreement as set forth in Section 2 of this Agreement at any time by stopping your use thereof and un-installing the Software.

11. Electronic Communication

11.1. You are connecting with us electronically when you go to the App or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

12. Reviews, Comments, and Other Material

12.1. Registered Users of the App might post evaluations and remarks of a product and services purchased by means of the App, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. CinemaUsher books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.

12.2. If you post an evaluation or send comments, and unless CinemaUsher suggests otherwise, you grant CinemaUsher a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant CinemaUsher and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify CinemaUsher for all claims resulting from Content You supply. CinemaUsher has the right but not the commitment to edit and keep track of or eliminate any task or Material. CinemaUsher takes no duty and assumes no liability for any content published by You or any 3rd party.

13. Intellectual Property

13.1. Our App may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our App does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our App is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our App is strictly prohibited. Your use of our App does not grant you ownership rights of any kind in our App.

14. Revisions and Errata

14.1. The materials appearing on CinemaUsher’s App could include technical, typographical, or photographic errors. CinemaUsher does not warrant that any of the materials on its App are accurate, complete, or current. CinemaUsher may make changes to the materials contained on its App at any time without notice. CinemaUsher does not, however, make any commitment to update the materials.

15. Force majeure

15.1. We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to the services, if the delay or failure was due to any cause beyond our reasonable control.

16. Waiver

16.1. No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights, or remedies preclude any other or further exercise of them.

16.2. Any elected waiver of any context contained here must be in writing to have effect.

17. Severability

17.1. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

17.2. If any part of this Agreement is found by a court of competent jurisdiction to be severed, the parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision to the fullest extent possible.

18. Governing law and jurisdiction

18.1. In the event that a claim is made against CinemaUsher or any of its services, these Terms shall be governed by and construed in accordance with Republic of Turkey law and the Parties hereby agree to submit to the exclusive jurisdiction of the Istanbul/Turkey courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

19. Statute of Limitations

19.1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, goods, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Miscellaneous

20.1. This Terms and License Agreement contained herein shall constitute the complete and exclusive agreement between us. CinemaUsher's ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN.



Privacy Policy

Our Privacy Policy was last updated and posted on 16 March 2015. It governs the privacy terms of our App, located at http://www.cinemausher.com, sub-domains, and any associated web-based and mobile applications (collectively, "App"), as owned and operated by CinemaUsher. Any capitalized terms not defined in our Privacy Policy, have the meaning as specified in our Terms of Service.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. We use your Personal Information only for providing and improving the App.

Our Privacy Policy explains in detail which information we collect and how we use your personal information when you use the Services offered by our App. We may update this policy at any time; please check back frequently to stay current.

By clicking on the "Agree"/"I Accept" and/or your continued use of the Services offered via this App indicates that you have read this Privacy Policy and that you accept its terms. You also give your express permission for us to collect, store, and use your information in accordance with this Privacy Policy.

Your Privacy

CinemaUsher follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. We utilize the Personal Data you offer in a way that is consistent with this Personal privacy Policy. If you provide Personal Data for a particular reason, we could make use of the Personal Data in connection with the reason for which it was provided. For example, registration info sent when developing your account, might be used to assist suggest products to you based on past acquisitions. We might use your Personal Data to offer access to services on the App and monitor your use of such services. CinemaUsher may also utilize your Personal Data and various other personally non-identifiable info gathered through the App to assist us improve the material and functionality of the App, to much better comprehend our users, and to improve our services. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our App with a web browser. It may also include publicly available information that is shared between you and others.

"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our App. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

Collection of Information

Generally, you control the amount and type of information you provide to us when using our App.

CinemaUsher may collect the following kinds of information in order to best serve your needs, in accordance with the services that we offer:

1. Provided Information from Users

1.1. In order to sign up for the Services, you may be required to submit personal identifying information, e.g. your name, email address, location, and account password. This information may be combined with other information from your account in order to better serve your needs and personalize your experience.

1.2. In addition, we may furnish this information to third party providers when necessary for the provision of the Services. In some of the events that we ask for personal information in order to carry out transactions or services for any other purpose than those described in this Privacy Policy, we will present you with an opt-in as opportunity to accept the services.

1.3. CinemaUsher does not use your personal information for services which have not been described in this Privacy Policy without first obtaining your consent and shall not transfer your personal information to third parties other than for performance of the Services.

1.4. We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our App.

1.5. We retain the right to collect and use any Non Personal Information collected from your use of our App and aggregate such data for internal analytics that improve our App and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.

1.6. We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of CinemaUsher, our Users, employees, and affiliates.

2. Subscriptions, Purchases, or other Transactions

2.1. When you use the Services to make a purchase or complete a transaction, you may be asked to share certain personal information in addition to what you have provided upon opening your account.

2.2. Additionally, other information may be required to complete the transaction. This information will be requested on a case by case basis and will be saved only upon your express confirmation in order to enhance your experience using our Services. We may use this information to assist in the successful completion of the transaction, to analyze and provide feedback on the Services, to ensure a safe transaction free of credit or other fraud, or to better our customer service efforts.

3. Data Stored on Your Device – Cookies

3.1. Information that is relevant to your use, such as user data, may be stored on your device in the form of "Cookies". You have the ability to disable the collection of this data by blocking cookies in your settings. As a default, most devices accept cookies, but you can change this setting under your "Options" menu. Be aware that certain functions of the Services and other features may be affected if you disable cookies and result in them not working correctly.

3.2. When you use the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display information with relevant data or advertisements. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

3.3. We automatically receive information from your web browser or mobile device. This information includes the name of the App from which you entered our App, if any, as well as the name of the App to which you're headed when you leave our App. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet App provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our App.

4. Information Storage and Logs

4.1. Every time you use the Services, information that your device sends is automatically recorded by our servers in logs.

4.2. The information included in these logs may include your IP (Internet Protocol) address, IMEI number, location, usage analytics, type of browser and version, language, cookies, session records and the time and date you accessed the Services.

4.3. We may save communication from Users so that are able to answer your questions and requests as thoroughly as possible

5. Minimum Age of Use

5.1. The minimum age of use for the Services is 13 years of age. If you do not meet this minimum age requirement, you should not register for any our services, nor should you furnish information such as your name, address, phone number, or email address to us.

6. Actions in Public and Community Areas

6.1. Information that you or other users display, write, or post in the public areas of the Services becomes public information when it is posted.

6.2. CinemaUsher cannot control how this information is used when it is disclosed in group postings, message boards, user forums, chat functions or others channels. Please be aware of your communications in these venues and refrain from disclosing private information or information you do not want made public. In these areas, be careful as to not release your name or other private information because this content is available to others. MESSAGE BOARD POSTINGS, EMAILS, AND OTHER SUGGESTIONS AND COMMENTS YOU PROVIDE IN THESE AREAS WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. SHOULD YOU USE YOUR REAL NAME, IT WILL BE INDEXED BY SEARCH ENGINES AND WILL BE DISCOVERABLE BY ANYONE USING THE WORLD WIDE WEB.

7. Affiliate Partners and Websites

7.1. Our partners with other web services, mobile services and websites to provide additional services that enhance your experience. The information that you submit to these sites and services may be sent to CinemaUsher in order to complete the transaction or deliver the service. Any information collected by us in this manner will be processed in accordance with this Privacy Policy. However, information that our partners or affiliates collect may be subject to different privacy policies. We encourage you to read the policies of these sites or mobile applications individually. Cookies from third parties are not covered under our Privacy Policy, nor do we control the services and practices of our partners.

7.2. We may share information to our partners and other companies as described above or under the following limited circumstances: (i) When you have given us your prior consent, such as opting-in for a service or transaction or by accepting this Privacy policy. (ii) When we need to complete a transaction with one of our affiliated companies or business partners. (iii) When we believe in good faith that using or disclosing your information is necessary in order to uphold applicable laws, regulations, legal processes or enforceable governmental requests, and when we must enforce CinemaUsher’s Terms of Service. This includes instances when we may need to investigate potential violations of these agreements, detect and prevent fraud, and address issues pertaining to the security of the Services. This also includes instances when we may need to protect against harm to the property, rights, and safety of CinemaUsher, its users and the public as required by law.

8. Delivery of Advertisements

8.1. Throughout our Services you may see advertisements that are delivered directly to you from third party advertisers. These third parties automatically receive your IP address and may download cookies to your device (computer or mobile phone). They may also use other technologies which personalize and measure the effectiveness of their ads. Cookies from third party advertisers are not covered under our Privacy Policy, nor do we control the practices of our partners.

9. Links

9.1. In order to improve our service and gain information on customer usage, we may present links in a manner that allows us to monitor if the link has been followed. This can be done through an automatic redirect, or through a special URL. The information we gather from these links is used to make our search return more relevant results, as well as to customize our content.

9.2. Our App may contain links to other Apps that are not under our direct control. These Apps may have their own policies regarding privacy. We have no control of or responsibility for linked Apps and provide these links solely for the convenience and information of our visitors. You access such linked Apps at your own risk. These Apps are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual Apps to see how the operators of those third-party Apps will utilize your personal information. In addition, these Apps may contain a link to Apps of our affiliates. The Apps of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such Apps will utilize your personal information.

10. Global Use of Services

10.1. CinemaUsher offers services on an international spectrum. Therefore, information may be stored and processed internationally.

11. Changes to Account or Cancellation

11.1. Revisions to your account or cancellations of service can be executed by the User within the App.

12. Security Policy

12.1. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We utilize practical protection measures to safeguard against the loss, abuse, and modification of the individual Data under our control. Personal Data is kept in a secured database and always sent out by means of an encrypted SSL method when supported by your web browser. No Web or e-mail transmission is ever totally protected or mistake cost-free. For example, email sent out to or from the App may not be protected. You must take unique care in deciding what info you send to us by means of e-mail.

12.2. Unauthorized attempts to upload or change information using any sources provided by CinemaUsher is strictly prohibited and may be punishable under any relief applicable law or regulations.


Privacy Policy Updates
As we strive to keep our policies up to date and in line with industry standards, we reserve the right to modify this Privacy Policy at any time. You should review this Privacy Policy frequently. If we make material changes to this policy, we may notify you on our App, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

Questions About Our Privacy Practices or This Privacy Policy
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our Privacy Practices or this Policy, please contact us.



Disclaimer, Waiver, and Limitation of Liability

By engaging in services or using goods provided by owners of the software (hereinafter, "CinemaUsher"), including but not limited to the Software Application CinemaUsher application (hereinafter, "App"), you acknowledge that you have read and understand this Disclaimer, Waiver, and Limitation of Liability and as such have constituted your agreement to be legally bound by the guidelines set forth herein. All references to "we"/"us"/"our" shall mean CinemaUsher. All references to "you"/"your"/"yours" shall mean you, the Client and User.

Warranty Disclaimer. App IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FOR PURPOSES OF THIS DISCLAIMER, WAIVER, AND LIMITATION OF LIABILITY, CinemaUsher DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CinemaUsher DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER WEBSITE OR APPLICATION; THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE WILL BE AVAILABLE FOR SPECIFIC PLATFORMS OR DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY CinemaUsher OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. SHOULD ANY PART OF THIS DISCLAIMER BE SEVERED BY LAW, THE REMAINING PORTIONS SHALL BE CONSIDERED TO BE UNINTERRUPTED AND IN FULL FORCE AND EFFECT.

Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL CinemaUsher OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CinemaUsher’s CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO CinemaUsher FOR USE OF App, EVEN IF CinemaUsher HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SHOULD ANY PART OF THIS LIMITATION OF LIABILITY BE SEVERED BY LAW, THE REMAINING PORTIONS SHALL BE CONSIDERED TO BE UNINTERRUPTED AND IN FULL FORCE AND EFFECT.