1 Terms of Use
Terms and Conditions of Use
Please read the terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE.
1.1 User Acceptance and Consent to Terms and Conditions of Use
Welcome to Towne3.com (for simplicity and completeness, reference to "Towne3.com" will include the Towne3.com website as well as any and all services provided by Towne3.com). By using or registering for the services offered on Towne3.com, users and the entities or persons they represent ("User" or "Users") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use").
Towne3.com reserves the right to change the Terms of Use from time to time and at its sole discretion. It is each User's responsibility to inform himself or herself of the Terms of Use and monitor any changes. You can review the most current version of the Terms of Use at any time at: http://www.Towne3.com/terms.asp. Your continued use of Towne3.com following the posting of any changes to the Terms of Use, whether or not you have informed yourself of the changes, constitutes acceptance of those changes. Additionally, when you (a) purchase a movie ticket, (b) complete the member registration process, (c) use the customer rating and review service, or (d) use any other service offered by Towne3.com, you agree to the Terms of Use and any and all applicable purchase policy terms, which are incorporated herein by reference. If you do not agree to the Terms of Use please do not use Towne3.com.
Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by Towne3.com and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms of Use, including our purchase policy terms and our Privacy Policy located at Here
1.2 Registration - Member Account Creation and Security
In consideration of your use of the ST Site and the Towne3.com Service, you agree to:
» provide true, accurate, current and complete information about yourself as prompted by Towne3.com's registration form (such information being the "Registration Data"), and
» maintain and promptly update the Registration Data to keep it true, accurate and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Towne3.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Towne3.com reserves the right to suspend or terminate your account and refuse any and all current or future use of Towne3.com and its affiliates.
As part of the registration and account creation process necessary to obtain access to portions of the Towne3.com site that require a fee or payment, you will select a subscriber identification ID and a password. You will provide Towne3.com with certain registration information, all of which must be accurate and updated. You shall not
» select a subscriber ID already used by another person;
» use a subscriber ID in which another person has rights without such person's authorization; or
» use a subscriber ID or password that Towne3.com, in its sole discretion, deems offensive or inappropriate.
You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify Towne3.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your Towne3.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password.
Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account. And, in the event of fraudulent, abusive or otherwise illegal activity, Towne3.com may refer you to appropriate law enforcement agencies. Towne3.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the Towne3.com site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Towne3.com site may be subject to prosecution.
1.3 Privacy Policy
Your Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy located at Here.
1.4 Users Opinions, Comments and Disputes
Users may elect to submit their opinions regarding movies and products found on Towne3.com; typically, this is done in the context of chat rooms, message boards, forum discussions or comment sections. These Users' comments or opinions are meant to be informative for fellow Users who elect to read or use them. These comments or opinions are exclusively those of the User who post them and are not necessarily the opinion of Towne3.com. Moreover, Towne3.com does not and cannot guarantee the accuracy or veracity of these opinions or comments.
Towne3.com is not responsible for screening, policing, editing, or monitoring the content posted by Users on the Towne3.com site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Towne3.com may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such content. Towne3.com will terminate, under appropriate circumstances and in its sole discretion, any User(s) deemed to be repeat infringers of copyrights.
Notwithstanding the foregoing, neither Towne3.com, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Towne3.com, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communications, or content on the Towne3.com site.
You are solely responsible for your interactions with other Towne3.com Users. Towne3.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
1.5 License; Permitted Use
You acknowledge and agree that you are only authorized, in accordance with and pursuant to the Terms of Use, to visit, view and to retain a copy of pages of Towne3.com's site for your own personal, noncommercial use; and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use Towne3.com for any purpose other than to review movie and promotional information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by Towne3.com to do so. As an express condition of your use of Towne3.com, you warrant to Towne3.com that you will not use Towne3.com for any unlawful purpose or purpose prohibited by the Terms of Use. You also agree not to link or deep-link to the site for any purpose, unless specifically authorized by Towne3.com to do so, or pursuant to and in accordance with the Link to Us Terms and Conditions as incorporated herein. Please see our Link to Us Terms and Conditions located at http://www.Towne3.com/linktous.asp.
You acknowledge and agree that you acquire absolutely no rights or licenses in or to Towne3.com, its site, its services and/or its materials contained therein other than the limited right to utilize Towne3.com in accordance with the Terms of Use. Should you choose to download content from Towne3.com, you must do so in accordance with the Terms of Use. Such download is licensed to you by Towne3.com ONLY for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you. If you violated any part of the Terms of Use, your permission to use Towne3.com automatically terminates and you must immediately destroy any copies you have made of any material obtained through the site.
1.6 Rules Of User Conduct; User's Grant Of Limited License; User-generated Content Rules
(a) Rules of User Content; Service Limitations. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom or entity from which such Content originated. This means that you, and not Towne3.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Towne3.com site. Towne3.com does not control the Content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further acknowledge and agree that by using Towne3.com, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Towne3.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Towne3.com site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Towne3.com site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
» is known by you to be false, inaccurate or misleading;
» is patently offensive to the online community, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, hateful, or otherwise violates Towne3.com's Terms of Use;
» victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
» infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or rights of publicity or privacy;
» constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
» contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
» impersonates any person or entity, including any employee or representative of Towne3.com or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
» for which you were compensated or granted any consideration by any third-party;
» harms minors in any way;
» intentionally or unintentionally violates any applicable local, state, federal or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
» "stalks" or otherwise harasses another;
» collects or stores personal data about other users;
» includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and/or
contains any computer viruses, worms or other potentially damaging computer programs or files.
You also agree that you WILL NOT:
» harvest or collect information about the users or members of Towne3.com or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
» knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent;
» use any robot, spider, other automatic device, or manual process to monitor or copy Towne3.com's web pages or the content contained thereon without Towne3.com's prior written consent;
» use any robot, spider, other automatic device, or manual process for any other unauthorized purpose without Towne3.com's prior written consent;
» use any device, software or routine to interfere or attempt to interfere with the proper working of the Towne3.com site;
» take any action that imposes an unreasonable or disproportionately large load on Towne3.com's infrastructure;
» copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, noncommercial use) from the Towne3.com site without the prior written consent of Towne3.com;
» use information from the Towne3.com site to harass, abuse, or harm another person; and/or
» use information from the Towne3.com site to contact, advertise, solicit or sell any other Member or User without that Member or User's prior consent.
You acknowledge and agree that Towne3.com may preserve Content and User Content (defined below) and may also disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
» comply with legal process;
» enforce the Terms of Use;
» respond to claims that any Content violates the rights of third-parties; or
» protect the rights, property, or personal safety of Towne3.com, its User and the public.
You understand that the technical processing and transmission of the Towne3.com service, including your Content, may involve:
» transmissions over various networks; and
» changes to conform and adapts to technical requirements of connecting networks or devices.
(b) User's Grant Of License. By posting or submitting Content to any User-submit areas of the Towne3.com site ("User Content"), you automatically grant, or warrant that the owner of such content has expressly granted, Towne3.com and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, create derivative works from, and/or sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you, and/or promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Towne3.com will not infringe or violate the rights of any third-party. You also permit any other User to access, store, or reproduce the User Content for that User's personal use.
All User Content that you submit may be used at Towne3.com's sole discretion. Towne3.com reserves the right to change, condense or delete any content on the Towne3.com site that it deems, in its sole discretion, to violate the content guidelines or any other provision of the Terms of Use. Towne3.com does not guarantee that you will have any recourse through Towne3.com to edit or delete any of your User Content. Towne3.com reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not Towne3.com, are responsible for your User Content. None of your User Content shall be subject to any obligation of confidence on the part of Towne3.com, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
(c) Representations and Warranties of User. In addition to all other representations and warranties of Users, by submitting any User Content to Towne3.com you represent and warrant that:
» you are the sole author and owner of the intellectual property rights to your User Content;
» all "moral rights" that you may have in such User Content have been voluntarily waived by you;
» your posted User Content is accurate;
» you are at least 13 years old; and
» use of your User Content does not violate the Terms of Use and will not cause injury to any person or entity.
(d) Indemnification by Users. You agree to indemnify and hold Towne3.com, together with its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (collectively, the "ST Parties"), harmless from all claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third-party. Moreover, you agree to protect and fully compensate the ST Parties and their respective service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of Towne3.com, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(e) No Endorsement of User Content. You acknowledge and agree that Towne3.com does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Towne3.com does not pre-screen or unilaterally monitor any User Content, but that Towne3.com and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content.
1.7 Proprietary Rights; Restrictions on Use
You acknowledge and agree that the Towne3.com site is the copyrighted property of Towne3.com, and you further acknowledge that the Towne3.com site contains Content, User Content and other content, some of which is owned by Towne3.com and some of which is owned by third-parties (collectively, "Protected Content"). The Protected Content is protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Towne3.com owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Towne3.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from the Towne3.com site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Towne3.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Towne3.com site or the Terms of Use.
The Towne3.com site or any portion of the Towne3.com site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Towne3.com (and the copyright owner if other than Towne3.com.) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Towne3.com and our affiliates without prior written consent. You may not use any meta tags or any other "hidden text" utilizing .co Towne3.com's name or trademarks without the express written consent of Towne3.com. Any unauthorized use terminates the license granted by Towne3.com.
You agree not to use, transfer, distribute or dispose of any information contained in the Towne3.com site in any manner that could compete with Towne3.com's business. You agree to protect the proprietary rights of Towne3.com and all others having rights in the Towne3.com site during and after the term of this agreement and to comply with all reasonable written requests made by Towne3.com or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Towne3.com site. You agree to notify Towne3.com in writing promptly upon becoming aware of any unauthorized access or use of Towne3.com by any party or of any claim that Towne3.com infringes upon any copyright, trademark or other contractual statutory or common law rights.
Illegal and/or unauthorized uses of Towne3.com, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements from the Towne3.com site protected by copyright, or other proprietary right without the express written permission of Towne3.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at info@ Towne3.com.
IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF Towne3.com, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM Towne3.com AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE Towne3.com SITE OR ITS CONTENT WOULD BE A VIOLATION OF Towne3.com'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF Towne3.com FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF SERRATHEATRES. COM. FURTHERMORE, YOU MAY NOT USE ANY OF Towne3.com'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH Towne3.com'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE Towne3.com OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF Towne3.com'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
1.8 Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to Towne3.com (the "Intellectual Property Rights") shall, as between you and Towne3.com, at all times be and remain the sole and exclusive property of Towne3.com. All present and future rights in and title to Towne3.com (including the right to exploit Towne3.com and any portions of Towne3.com over any present or future technology) are reserved to Towne3.com for its exclusive use.
1.9 Copyrights And Copyright Agents
Towne3.com respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Towne3.com's Copyright Agent the following information:
» An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
» A description of the copyrighted work that you claim has been infringed;
» A description of where the material that you claim is infringing is located on the Towne3.com site;
» Your address, telephone number, and email address;
» A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
» A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Towne3.com's Copyright Agent for notice of claims of copyright infringement on the Towne3.com site can be reached as follows: by mail: Copyright Agent, Towne3 Cinemas, 1433 The Alameda, San Jose, CA 95126; by email: info@ Towne3.com.
1.10 Fees and Payments
Towne3.com reserves the right at any time to charge fees for access or use of Towne3.com. If at any time Towne3.com requires a fee for access or the use of all or portions of Towne3.com, Towne3.com will require you to register and create an account. In no event will you be charged for access or use to all or portions of Towne3.com unless Towne3.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through Towne3.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of Towne3.com through your account, and the purchase of any other products or services. Certain portions or services of Towne3.com may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from Towne3.com if a Prepaid Fee is required unless Towne3.com receives, in advance, all fees and charges payable by you, including the Prepaid Fee.
1.11 Third-Party Towne3.com sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under Towne3.com's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by Towne3.com, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Towne3.com. You acknowledge that Towne3.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such linked sites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by Towne3.com.
1.12 Disclaimer Of Warranties; Limitation of Liability
A PORTION OF Towne3.com'S CONTENT, INCLUDING USER CONTENT, IS SUPPLIED BY THIRD-PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF Towne3.com.
Towne3.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON Towne3.com BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF Towne3.com WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT Towne3.com AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND THAT Towne3.com MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Towne3.com, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT Towne3.com CONTENT, USER CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE Towne3.com SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR Towne3.com'S SERVICES ARE FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Moreover, you agree that Towne3.com, its suppliers and its third-party agents shall specifically have no responsibility or liability for:
» Any injury or damages, whether caused by the negligence of Towne3.com, its employees, subcontractors, agents, suppliers or otherwise arising in connection with your use of Towne3.com and shall not be liable for any lost profits; punitive, incidental, statutory or consequential damages; or any claim against Towne3.com by any other party.
» Any inaccuracy, omission, delay or any other technical problem or failure, whether real or perceived, related to Towne3.com, regardless of the cause, including but not limited to computer equipment failures, ISP failures, router problems, connection issues, or similar problems or issues.
Towne3.com is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on Towne3.com which are not maintained or controlled by Towne3.com. Towne3.com does not:
» make any warranty, express or implied, with respect to the use of the links provided on Towne3.com;
» guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to Towne3.com; or
» make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to Towne3.com.
Towne3.com IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES AND EQUIPMENT YOU USE TO ACCESS Towne3.com. YOU UNDERSTAND THAT Towne3.com AND/OR THIRD-PARTY CONTRIBUTORS TO Towne3.com MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF USE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Towne3.com, ST PARTIES, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF A Towne3.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE Towne3.com OR ANY LINKS OR ITEMS ON Towne3.com SITE OR ANY PROVISION OF THE TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Towne3.com'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Towne3.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR PURSUANT TO STATUTE, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR ACCESS AND/OR USE OF Towne3.com.
1.13 Indemnification
You agree to defend, indemnify and hold harmless Towne3.com, ST Parties and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders or other partners, and employees, from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third-party due to or arising: (i) from your use or misuse of or your connection to Towne3.com; (ii) out of User Content you submit, post to or transmit through Towne3.com's site or service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Towne3.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Towne3.com in asserting any available defenses.
1.14 Representations and Warranties
You represent, warrant and covenant that:
» you have the power and authority to enter into this agreement;
» you are at least eighteen (18) years old;
» you shall not use any rights granted hereunder for any unlawful purpose; and
» you shall use Towne3.com's site and service only as set forth in these Term of Use.
1.15 International Use
Towne3.com makes no representation that materials on Towne3.com are appropriate, legal or available for use in locations outside the United States and Canada, or that it is authorized for export from the United States or Canada or import into any other country. Towne3.com's site and services are not intended for use or distribution by any person in any jurisdiction where such use or distribution is contrary to local law or regulation. Those who choose to use or access Towne3.com's site or services from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of Towne3.com. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access Towne3.com's site or service.
1.16 General Information
The Terms of Use and the relationship between you and Towne3.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Towne3.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, State of California. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD-PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of Towne3.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 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 or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that Towne3.com has the right to change the content, service or technical specification of any aspect of its site or services at any time in Towne3.com's sole discretion. You further accept that such changes may result in your being unable to access Towne3.com.
1.17 Termination
You may terminate your account at any time by sending an e-mail to info@ Towne3.com. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges, if any, incurred up to the time that account is terminated.
Towne3.com may terminate your account, with or without cause, at any time and effective immediately. Your use of Towne3.com may terminate immediately without notice from Towne3.com if you, in Towne3.com's sole discretion, fail to comply with any provision of the Terms of Use.
Upon termination by you or upon notice of termination by Towne3.com, you must immediately cease all use Towne3.com and destroy all materials obtained from Towne3.com and any copies thereof.
2 Return/Refund/Cancellation Policy
Tickets bought from www.Towne3.com website are non-refundable and non-transferable and also the person whose name the ticket is issued in, must also be present at the entry counter with a valid photo ID for verification.
3 Entire Agreement
The Terms of Use and any and all other terms and conditions of service on www. Towne3.com, and its successor, represent and constitute the entire agreement between you and Towne3.com regarding your relationship with Towne3.com, supersedes any prior statements or representations and governs your use of the Towne3.com's site and/or service.
Privacy Policy
Towne3.com Privacy Statement
(last update February 2009)
Towne3.com, Inc. ("Towne3.com") has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website:
By accepting this Privacy Policy and our Terms of Use, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. This Privacy Policy is incorporated into and subject to our terms of use.
This Privacy Policy contains a number of references to other information pages on our Site and other websites. Please note: underlined words and phrases are click-through links to these pages and websites. We strongly recommend that as you read this Privacy Policy, you click on such links to obtain further important details about the Privacy Policy, as they may contain further terms and conditions which apply to you.
Please note that your Information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the UK laws but we will hold and transmit your Information in a safe, confidential and secure environment. We will never sell or rent your personal information to third parties except as described in this Privacy Policy. If you object to your information being transferred or used in this way please do not register or provide us with such information.
If you have any questions, send an email to info@towne3.com.
Overview
Your Privacy is very important to us. As part of the normal operation of our services we collect and, in some cases, may disclose information about you. This Privacy Policy describes the information we collect about you and what may happen to that information.
As described below, some of your personally identifiable information is disclosed to third parties and used by us and third parties. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personally identifiable information.
Information Collection, Use, Sharing and Disclosure
We use your IP address to help diagnose problems with our server and to administer our website and services. Through customer surveys, subscriptions, and newsletter registration, our site may request users to give us contact, demographic and/or financial information (such as their name, locale, gender, age, income level and email address). The demographic information is used, among other things, to enhance user experience so we can be more content specific. The contact information is used to notify users of new services and content, as well as for surveys and newsletters. Our site may use an order form for customers to subscribe to our for-pay services. We collect contact information (like e-mail address) and financial information (like account or credit card numbers). Contact information from the order form is used to send billing invoices. Contact information is also used to get in touch with the subscribers when necessary. Users may opt-out of receiving future communications; see the choice/opt-out section below. Financial information that is collected is used to bill the user for products and services and for in-house statistics. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Information collected during Towne3.com subscriber registration is used for, among other things, in-house statistics, marketing target information, and advising clients of Towne3.com news and information. This site contains links to other sites. Towne3.com is not responsible for the privacy practices or the content of such websites or any website from which you may have linked to Towne3.com.
Towne3.com is committed to protecting your privacy online. Please read this privacy policy to fully understand how we will make use of the personal information you share with us. Towne3.com collects certain personal information in order to provide you with customized services, content, and advertisements. Some personal information is gathered when you register to receive certain Towne3.com products or services. We may disclose to third parties certain aggregate information contained in your registration data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the terms of service. In addition, we may provide your personally identifiable and personal financial information to third parties if you provide prior consent to the exchange of the information. Towne3.com will also use your personal information for the purposes of providing you with any services to which you subscribe, and any service-related activities such as collecting subscription fees from you for those services, and notifying you or contacting you regarding any problem with, or the expiration of, such services. In this regard, it may be necessary for Towne3.com to disclose your personal information to one or more agents and contractors of MovieTickets.com and their subcontractors, but such agents, contractors, and subcontractors will be required to agree to use the information obtained from Towne3.com only for these purposes. We recommend that you do not divulge your password to anyone. Towne3.com will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your Towne3.com account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Towne3.com cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Towne3.com reserves the right to change this statement at any time by posting revisions on the Towne3.com web site. This privacy policy is not intended to, and does not create any contractual or other legal rights in or on behalf of us.
We may run contests or sweepstakes on our site in which we ask visitors for contact information (such as their name and email address) and demographic information (such as their zip code, age, and/or income level). The user's contact information is used to contact the visitor when necessary, such as if they win a contest or sweepstakes or to notify users of upcoming contests or sweepstakes. There are three primary types of contests or sweepstakes: (1.) We host solely and all information that is collected stays in-house. (2.) We may share address information with third party for shipping purposes. (3.) In some rare instances, a third party may host the contest or sweepstakes and all information is then shared. For customer inquiries about our information sharing practices please write to Towne3.com, Customer Service, 1433 The Alameda, San Jose, CA 95126. In our contest or sweepstakes registration, we give our users the opportunity to sign up for the Towne3.com newsletter. However, users may opt-out of receiving future mailings by selecting the "unsubscribe" link at the bottom of the newsletter. Towne3.com products and services are directed at an adult market, and therefore this site is intended for use by adults only. Towne3.com encourages parents to take an active role in their children's use of the Internet, and to inform them of the dangers of providing information about themselves over the Internet. Children of any age should always ask a parent for permission before sending personal information to anyone online. No information should be submitted to or posted on this web site by users under 18 years of age without the consent of their parent or guardian. Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.
Some Towne3.com services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Towne3.com and the other company may receive information collected in conjunction with the co-branded services. We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. These companies will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
Children
The Towne3.com site and services are intended for general audiences and do not knowingly collect any personal information from children. When Towne3.com does collect age information, and users identify themselves as under 13, the site will either block such users from providing personal information or will seek to obtain consent from parents for the collection, use and sharing of their children's personal information. We will not knowingly ask children under the age of 13 to provide more information than is reasonably necessary to provide our services.
Please note that if you grant consent for your child to use Towne3.com services, this will include such general audience communication services as e-mail, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages. Parents can change or revoke the consent choices previously made, and review, edit or request the deletion of their children's personal information. If we change this privacy statement in a way that expands the collection, use or disclosure of children's personal information to which a parent has previously consented, the parent will be notified and we will be required to obtain the parent's additional consent.
We encourage you to talk with your children about communicating with strangers and disclosing personal information online.
Parental Access
At Towne3.com, our goal is to help parents ensure that their kids have a safe and fun online experience. That's why we've set up a system by which parents can print out and mail or fax us a signed form that allows them to review any identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's information. You can link to the form from here. Towne3.com takes steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child's parent or legal guardian.
If Towne3.com collects personally identifiable information from children, it will do so in compliance with the Children's Online Privacy Policy Act of 1998 (U.S.C. 6501 et seq.).
Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@towne3.com or write us:
Towne3 Cinemas
Customer Service
1433 The Alameda,
San Jose, CA 95126
Advertisements
Ads appearing on this web site are delivered to you by either (a) one of our web advertising partners or (b) by us. Information about your visit to this site, such as the number of times you have viewed an ad, your browser type (for example, Netscape or Internet Explorer), the type of computer operating system you use (Macintosh or Windows, for instance) and whether or not you responded to the ad delivered, (but not your name, address, phone number or other personal information), is used to serve advertisements to you on this site. We may use your zip code or geographical location information to serve advertisements to this site.
In the course of serving advertisements to this site, our third party advertiser may place or recognize a unique cookie on your browser. Users may opt-out of receiving future mailings; see the choice/opt-out section below. We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally, unless you have provided us with your prior consent to disclose such personally identifiable information. Certain information, such as your name, email address, password, credit card number, and bank account number, are never disclosed to marketing advertisers without your consent.
This site may use its own proprietary ad serving system. However, this site may use and allow for third party ad serving systems (i.e.: Double-click, Mediaplex, Atlas, Zedo, Godaddy, etc.). Third party ad serving systems are approved at the site's discretion. The site and its third party servers collect and store anonymous data, typically through the use of cookies.
Public Forums
This site may contain message boards, and/or news groups available to its users. We request users to give us contact information, such as name, email, address, occupation, and interests to be a registered bulletin board user. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings; see the choice/opt-out section below. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose personal information.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use Secure Shell to access our servers remotely, and all server sessions are encrypted. We protect the secure areas of our site (including our databases and intranet) by using a commercial firewall.
hoice/Opt-Out - Your Ability to Opt-Out and Remove Your Information
Our site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor.
This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service:
- Users can send email to info@towne3.com
- Users can visit the following URL: https://www. Towne3.com/myaccount.asp
- Users can send mail to the following postal address:
Towne3 Cinemas
Customer Service
1433 The Alameda,
San Jose, CA 95126
- Users can call the following telephone number: (408)-293-5034
Correct/Update - Your Ability to Update Your Information
This site gives users the following options for changing and modifying information previously provided.
- Users can email info@towne3.com
- Users can visit: https://www.Towne3.com/myaccount.asp
- Users can send mail to the following postal address:
Towne3 Cinemas
Customer Service
1433 The Alameda,
San Jose, CA 95126
- Users can call the following telephone number: (408)-293-5034
This policy may change from time to time so please check back periodically.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact:
Towne3 Cinemas
Customer Service
1433 The Alameda,
San Jose, CA 95126
or email us at
info@towne3.com.
