Terms of Service

Terms of use content

Terms Of Use

Acceptance of Terms. These terms of use are entered into by and between you and O’Neil Cinemas (“O’Neil”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively these “Terms”), govern your access to and use of our website - https://oneilcinemas.com/ (or a mobile version thereof) (the “Website”) and our mobile applications (together, the Website and the mobile applications will be referred to as the “Services”), including any content, functionality, and services offered through our Services, whether as a guest or a registered user. These Terms will also help you know what to expect from your visit to or use of the Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE OUR SERVICES. By accessing, using, viewing, transmitting, caching, storing, or otherwise utilizing the Services, you acknowledge that you have read and understand these Terms, and that you accept and agree to be bound and abide by all the Terms as set forth below, as well as our Privacy Policy, which is expressly incorporated by reference and available here. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY THESE TERMS.

Modification. We reserve the right to change the Terms at any time without notice in our sole discretion. You are responsible for keeping yourself apprised of the current Terms; thus, we encourage you to check the Terms periodically. Any changes or updates will be effective immediately upon the posting of the revised Terms to the Services. Your continued use of the Services constitutes your acceptance of any revised Terms. Notwithstanding the foregoing, we may, at our discretion, provide notice of material changes by posting an updated version of these Terms or by any other means we consider reasonable.

Permitted Users. We do not specifically target the Services and their applications to children under 13 years old. If you are under the age of 13, you should only use the Services and applications under the supervision of a parent or guardian. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Scope of Use. You may only use the Services for your personal and informational use. You agree that your use of the Services shall comply with all applicable laws, rules, and regulations. Further, you agree to only use the Services for legitimate purchases of products/services offered by us through the Services, and not for any other purpose, including, without limitation, impermissibly posting or assigning on third-party websites or making speculative, false, or fraudulent purchases. You will not post abusive, harassing, harmful, or otherwise objectionable material of any kind onto the Services. You agree you will not use any robot, spider, or other technology to copy the Services or their contents, unless we grant you express written permission. You also agree not to transmit any files or materials to the Services with any viruses, worms, malware, files, or programs that could damage, interfere with, destroy, or limit the functionality of the Services.

Accessing the Services and Account Security. We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services, or the entire mobile app or Website.

You are responsible for:

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Mobile Services. The Services include our mobile applications, and certain functionality available via your mobile device, such as the ability to browse the Website from your mobile device (collectively, the "Mobile Services"). While we do not charge for the Mobile Services, your wireless carrier's normal Internet access, messaging, data, and other rates and fees will still apply. Please note that we will receive certain information about your use of the Mobile Services through our communications with your mobile device and will handle such information in accordance with our Privacy Policy [Link]. By using the Mobile Services, you expressly consent to our collection and use of your location data in accordance with our Privacy Policy.

Third Parties. Third-party content may be accessible to you through the Services, including through links to other websites. The Terms will no longer apply once a link or advertisement on the Services to visit another website is opened. Because we have no control over such third-party sites, you agree that we do not endorse any third-party site and are not responsible for the availability or content of such sites. Any link to a thirdparty site does not imply endorsement by O’Neil Cinemas of that site, its operator, or any products or services. If you navigate to any third-party sites from the Services, you do so at your own risk and may be subject to the terms and conditions of such sites. We do not assume any responsibility or liability with respect to any contact you may have with third parties or their websites.

Intellectual Property. Unless expressly stated otherwise, the content on the Services is the property of O’Neil, its licensors, or suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Such content includes, but is not limited to, text, graphics, images, logos, trademarks, applications, icons, user interface, software, and the arrangement of the Services. The Services include and make reference to materials subject to trademarks, patents, trade secrets, and other proprietary rights of O’Neil, its affiliates, licensors, and/or suppliers. No license or right to that material is granted to you by your use of the Services. Your use of this protected content, including any modification, reproduction, distribution, sale, or circulation, for any non-personal purpose or commercial purpose, is prohibited. Unless expressly stated otherwise, the content on the Services is the property of O’Neil, its licensors, or suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Such content includes, but is not limited to, text, graphics, images, logos, trademarks, applications, icons, user interface, software, and the arrangement of the Services. The Services include and make reference to materials subject to trademarks, patents, trade secrets, and other proprietary rights of O’Neil, its affiliates, licensors, and/or suppliers. No license or right to that material is granted to you by your use of the Services. Your use of this protected content, including any modification, reproduction, distribution, sale, or circulation, for any non-personal purpose or commercial purpose, is prohibited.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Website or mobile applications or any services or materials available through the Website or mobile applications.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by O’Neil Cinemas. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. All content and materials provided on the Services are provided “AS IS” without any warranty of any kind.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by O’Neil Cinemas, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of O’Neil Cinemas. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Services. All information we collect on the Services is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions. All purchases through our Services or other transactions for the sale of goods or services and the information obtained, or resulting from visits made by you, are governed by our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

At Your Sole Risk. By using the Services, you agree to assume all risk of loss that may arise or be associated with such use. The Services and all related materials, information, software, and services are provided “as-is” and “as available.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARDS TO THE SERVICES OR YOUR USE THEREOF, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We make no warranties that the Services will be available, adequate, accurate, reliable, uninterrupted, complete, or error-free, or that the Services will be free of viruses, malware, or other material that may be harmful. We are not responsible for any damages to your computer or any other device resulting from your use of the Services. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE(s), DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, MOBILE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATIONS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM.

YOUR USE OF THE WEBSITE AND MOBILE APPLICATIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE AND MOBILE APPLICATIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER O’NEIL CINEMAS NOR ANY PERSON ASSOCIATED WITH O’NEIL CINEMAS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER O’NEIL CINEMAS NOR ANYONE ASSOCIATED WITH O’NEIL CINEMAS REPRESENTS OR WARRANTS THAT THE WEBSITE AND MOBILE APPLICATIONS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND MOBILE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, O’NEIL CINEMAS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability. You acknowledge that you pay no fees to us for the use of the Services. Therefore, you hereby waive any claims against us arising out of or in any way connected to your use of the Services. Under no circumstances will we be liable for any direct, indirect, exemplary, incidental, consequential, special, punitive, or similar damages arising, directly or indirectly, out of your access, use, or inability to use the Services, even if we had been advised of the possibility of such damages or the damages were foreseeable. If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue use of the Services.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL O’NEIL CINEMAS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MOBILE APPLICATIONS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE

Indemnification. You agree to defend, indemnify, and hold harmless O’Neil Cinemas its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of applicable laws, regulations, or the rights of third parties, or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Website or mobile applications’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

Electronic Communication. The Services offer opportunities for you to communicate with us electronically. By using any of the Service’s communication features, you consent to receive electronic communications from us. We will communicate with you using only the contact information you voluntarily provide.

Termination of Access. We reserve the right, without notice, to block your email or IP address for any reason if we believe you have breached any of these Terms.

Governing Law/Choice of Forum. These Terms and any dispute arising out of or related to these Terms or your use of the Services, and any other matters relating to or arising out of the Services or these Terms, shall be governed, construed, and enforced in accordance with the laws of the State of New Hampshire, without regard to conflicts of laws of any jurisdiction. You agree that all controversies and claims brought by you or by us that arise out of these Terms, or your use of the Services, shall be submitted for arbitration before the American Arbitration Association pursuant to the Commercial Dispute Resolution Procedures and the Supplemental Procedures for Consumer Related Disputes. The place of the arbitration shall be Concord, New Hampshire. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. For the avoidance of doubt, all claims and disputes arising under or relating to these Terms are to be settled by binding arbitration. WHETHER THE CLAIM PROCEEDS IN ARBITRATION OR COURT, YOU AND O’NEIL AGREE TO WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLAIMS AGAINST EACH OTHER THAT ARE PART OF A REPRESENTATIVE OR CLASS ACTION PROCEEDING.

Waiver and Severability. No waiver by O’Neil Cinemas of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of O’Neil Cinemas to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement. The Terms, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and O’Neil Cinemas regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns. The Services are operated by O’Neil Cinemas.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [LINK TO COPYRIGHT POLICY] in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [EMAIL ADDRESS].

Privacy. We are committed to protecting your privacy. Our privacy policy is available at https://oneilcinemas.com/privacy-policy/.The privacy policy is part of these Terms and is incorporated herein by reference.

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