Terms And Conditions

The Boxoffice Company™ Web Site : https://company.boxoffice.com
Binding Agreement on Terms and Conditions of Your Use of this Web Site

Avoiding Confusion.  This website https://company.boxoffice.com is operated by The Boxoffice Company LLC (“The Boxoffice Company” or “we” or “us”), a Delaware company.  To avoid any possible confusion, The Boxoffice Company LLC is not conducting the business of Box Office Media LLC, another Delaware company with its own website at www.boxofficepro.com.

Opt-In Agreement;  Online Contract. Please read this page carefully.

These Terms and Conditions (or “Agreement” on terms of use) become a binding agreement upon your consent or use of this website and shall apply to communications and web pages served up to you (all collectively referred to as this “Web Site”).  To use the Web Site, you must agree to both these Terms and Conditions (“Agreement”) and, separately located, the Privacy Policy.

These Terms and Conditions will apply to your access as a “User” of this Web Site and its related services (such access and related services collectively referred to as “Services”). If you have any questions that are not answered elsewhere on this Web Site, please contact us at the address for your country of residence set forth at the end of this Agreement.

By using any Services, you agree that you have read and understand these Terms and Conditions (the “Agreement”), and that your use of the Services or the Web Site will become a binding Agreement. If you do not accept the terms of the Agreement, you may not use the Web Site. The Agreement constitutes the entire agreement between The Boxoffice Company™ and you regarding its subject matter and supersedes and replaces any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Changes to this Agreement. We may amend any or all portions of the Agreement at any time, at our sole and absolute discretion, without notice. Any amendment of the Agreement will be reflected at this Web Site and will be effective immediately upon posting of such amendment on this Web Site. At this Web Site, you may access these Terms and Conditions and the Privacy Policy.  We encourage you to periodically review the Agreement. Please note that continued use of the Services constitutes your acceptance of the Agreement including any amendments to the Agreement.

User Eligibility; Children Under the Age of 13 (Under the Age of 16 in European Union and European Economic Area).   Our Privacy Policy details how we protect personal information generally.  We support the privacy protection needs of children and do not intend to communicate with or collect any personally identifiable information from children (See our Privacy Policy”) as to children’s privacy.

If you do not qualify, do not use the Services. We may, at our sole and absolute discretion, refuse to accept a person’s (or entity’s) access to the Services.

User-Provided Information. “Information” is defined as any content, data or material provided by a User.  User is solely responsible for verifying the quality, accuracy, reliability, legality and completeness of all Information. Any reliance by the User on Information will be at the User’s sole risk.
Retention of User-Provided Information.  You further acknowledge and agree that we may preserve any Information at our sole and absolute discretion, subject to applicable law, and may also disclose such Information if required to do so by law or in our belief that such preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce the Agreement; (iii) respond to any claims that any Information violates the rights of any other party; or (iv) protect our rights, property or personal safety or the rights, property or personal safety of any other person.

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Rights in User-Provided Information; License by You.  With respect to all Information you provide (including any associated copyrights, trademarks, or other intellectual property or proprietary rights), you represent that you are the sole owner of the Information or that you have the right to license the Information as provided in the following sentence. You grant to The Boxoffice Company™  the royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Information in whole or part and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Modifications to Services/Information. You acknowledge and agree that we may change, modify, amend, suspend or discontinue any aspect of this Web Site, the Information, or Services, at any time, without notice and without liability to you or any other User or to any third party. You acknowledge and agree that we may place, at our sole and absolute discretion, any limitations on Users’ use of the Services or the providing of Information. Without limiting the foregoing, we may limit the maximum number of days that Information is available, the maximum size of any Information provided, the maximum amount of storage space allotted to a User, and the maximum amount of time or number of times that the Services may be accessed during a particular time period. You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Information contained within this Web Site or transmitted by Users, including you, or transmitted by us in connection with the Services. You also acknowledge and agree that we reserve the right to terminate accounts that are inactive for an extended period of time.

User Conduct; Misuse of Our Services.

You represent, warrant and covenant that:

  • You will immediately notify us in writing or by electronic mail of any unauthorized use of a User name or password.
  • You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or violate or attempt to violate the security of this Web Site.
  • Your use of the Services including the providing of any Information will not:
  • Be false, inaccurate, misleading or incomplete, and you will immediately correct any Information that is not accurate, reliable, legal or complete;
  • Infringe upon any third party’s copyright, patent, trademark, or trade secret rights; or rights of publicity or privacy; or other proprietary rights;
  • Be fraudulent;
  • Violate any local, municipal, state, provincial, national, regional, international or other law, statute, ordinance, directive or regulation (each a “Law” and collectively “Laws”), including without limitation those governing export control, child privacy, consumer protection, sending unsolicited email or “spam”, unfair competition, anti-discrimination, false advertising, U.S. or international embargo or United Nations resolution with respect to any embargo;
  • Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • Be obscene, pornographic or indecent;
  • Create liability for The Boxoffice Company nor cause it to lose in whole or in part the services of its vendors, suppliers, or any other third party;
  • Involve any collusion with any other User;
  • Contain any viruses, “Trojan horses,” “worms,” “time bombs,” “cancelbots” or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Download, store and create an archive of articles from the Service for any use other than your personal use, and you may not provide others with access to such archive except on an individual, occasional and ad hoc basis);
  • Attempt to violate or violate the security of this Web Site, including accessing data not intended for you or logging into a server or account you are not authorized to access, or attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures;
  • Abuse any The Boxoffice Company™ messaging services;
  • Create multiple or false profiles;
  • Use the Services commercially or as a substitute for another user’s direct use, without The Boxoffice Company’s authorization; and
  • any other behavior that The Boxoffice Company, in its sole discretion, deems contrary to its purpose.

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U.S. Copyrights: Reporting Copyright Abuse.  We respect the intellectual property rights of others, but we need your assistance to identify any potentially infringing materials on our websites.  The Boxoffice Company complies with the U.S. Digital Millennium Copyright Act (“DMCA”) statutory notice and takedown procedures. The Boxoffice Company has designated the following individual with the U.S. Copyright Office as The Boxoffice Company’s DMCA agent to receive notifications of claimed infringement: Copyright Compliance Officer/CTO, The Boxoffice Company LLC, 63 Copps Hill Road, Ridgefield, Connecticut 06877, Tel: (203) 438-8389, Email: dmca@boxoffice.com (with subject line “Copyright at company.boxoffice.com”).   (For copyright questions in other jurisdictions, please contact the The Boxoffice Company affiliate for your locale identified below.)

Links to Other Sites; Ads. These Terms and Conditions only address your use of this Web Site and the Services in connection with this Web Site.  The Services and this Web Site may contain advertisements and links to other web sites or services of others (“Third Party Materials”). The Agreement (and the Privacy Policy) do not govern your use of any other web site we maintain, which should be considered Third Party Materials for purposes of the Agreement.  The Terms and Conditions and the Privacy Policy posted on our other web sites may differ from those that apply to this Web Site. We encourage you to review the privacy policies posted on Third Party Materials. We provide links to Third Party Materials solely as a convenience to you and the links do not constitute our endorsement of such Third Party Materials, or the products, content, materials or information presented or made available by such Third Party Materials. You acknowledge and agree that we are not responsible for any damages or losses caused or alleged to have been caused by the use of any Third Party Materials, or from the products, content, material or information presented by or available through Third Party Materials.

Downloading and Using Information. You hereby release us and the other Released Parties from any and all actual or alleged damages that may result from your downloading or using any Information. If you are a California resident, you waive the application of California Civil Code 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

No Agency. You and we are independent contractors. Neither party is an agent, representative, broker, employee, franchisee or partner of the other party. The Agreement will not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or related liability upon either party.

Choice of Law.   You agree to the choice of law set forth below.  You agree arbitrate all disputes relating to this website, privacy matters and our communications as set forth below.

Residents of the United States: Connecticut Law.  This paragraph applies to as to residents of the United States and all other countries (other than the European Union and European Economic Area).  By agreeing to subscribe to and/or use this Website, you are entering into a binding contract with The Boxoffice Company LLC under Connecticut law and agree to waive any other rights under other laws, rules or regulations.  For you, “applicable law” means the laws applicable in the State of Connecticut, without giving effect to choice of laws principles or the U.N. Convention for the International Sale of Goods.  You may contact us at The Boxoffice Company LLC, 63 Copps Hill Road, Ridgefield, CT 06877, attention privacypolicyus@boxoffice.com.  You agree to submit all disputes arising out of or in relation to this website,  our Privacy Policy or matters arising out of your direct communications with us to binding arbitration by a single arbitrator sitting in Connecticut administered by the American Arbitration Association (www.adr.org) or, if you prefer, by JAMS (www.jamsadr.com).  You waive any right to make a claim, or participate in any claims or damages from, any class action or common action.  If we prevail in any dispute with you, we will be entitled to our reasonable attorneys’ fees and litigation costs.  ‍

Residents of United Kingdom: Laws of England. This paragraph applies to as to residents of the United Kingdom.  By agreeing to use this Website, you are entering into a binding contract with The Boxoffice Company (Glasgow) Limited.  For you, “applicable law” means the laws of England and Wales.  You may contact The Boxoffice Company (Glasgow) Limited at its offices at 152 West Regent Street, Glasgow, Scotland G2 2RQ, attention privacypolicyuk@boxoffice.com.  You agree that any claim or dispute against The Boxoffice Company (Glasgow) Limited, and any affiliate thereof, shall be resolved solely in Glasgow, Scotland.   In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties agree in the first instance to discuss and consider referring the dispute to the Mediation Rules of the Scottish Arbitration Center (https://scottisharbitrationcentre.org/), currently located at 3rd Floor, 125 Princes Street, Edinburgh EH2 4AD, Tel: +44 (0) 0131 226 4686 / +44 (0) 827 232 494, Fax:  +44 (0) 131 240 0830, . To the extent disputes cannot be resolved by mutual discussion or possible mediation, you agree to submit all disputes arising out of or in relation to this website,  our Privacy Policy or matters arising out of your direct communications with us  to binding arbitration by a single arbitrator sitting in Glasgow, Scotland administered by the Scottish Arbitration Centre. If the parties cannot agree upon the appointment of a single arbitrator, then within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, a single arbitrator shall be appointed by the Scottish Arbitration Centre on the written application of either party.  The language to be used in the arbitral proceedings shall be English.  To the maximum extent permitted by applicable law, you waive any right to make a claim, or participate in any claims or damages from, any class action or common action.

Other Residents of the European Union and the European Economic Area (excluding residents of the United Kingdom of England, Scotland, Wales and Northern Ireland).  .  This paragraph applies to as to residents of the European Union and European Economic Area other than the United Kingdom. By agreeing to use this Website, you are entering into a binding contract with “The Boxoffice Company France” (currently legally named Webedia Movies Pro France SAS while in the process of changing its legal name).  For you, “applicable law” means the laws of France.  You may contact The Boxoffice Company France at its offices at 2 Rue Paul Vaillant Couturier, 92532 Levallois-Perret, France, attention privacypolicyfr@boxoffice.com.  You agree that any claim or dispute against any The Boxoffice Company affiliate shall be resolved solely in Paris, France.   To the extent disputes cannot be resolved by mutual discussion or possible mediation, including any question regarding its existence, validity or termination, you agree to submit all disputes arising out of or in relation to this website,  our Privacy Policy or matters arising out of your direct communications with us  to binding arbitration by a single arbitrator sitting in Paris, France administered by the  CHAMBRE ARBITRALE DE PARIS, 6 avenue Pierre 1er de Serbie, 75116 Paris, France,  Tél : +33 (0)1 42 36 99 65, fax : +33 (0)1 42 36 99 58, , e-mail : caip@arbitrage.org) (the « Administrator »), in accordance with its Rules of Arbitration, of which parties hereto declare to be cognizant which they hereby accept, those Rules being those effective at the date of the application for arbitration. If the parties cannot agree upon the appointment of a single arbitrator, then within fourteen (14) days after either party has given to the other a written request to concur in the appointment of an arbitrator, a single arbitrator shall be appointed by such Administrator on the written application of either party.  The language to be used in the arbitral proceedings shall be French, or, with the mutual consent of both parties, English. To the maximum extent permitted by applicable law, you waive any right to make a claim, or participate in any claims or damages from, any class action or common action.

Indemnification. You will defend, indemnify and hold harmless us, our owners, managers, employees and agents (collectively “Released Parties”), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees and costs) incurred by any of the Released Parties arising from or related to: (i) the use of the Services or any Information; (ii) any breach or violation of the Agreement by you; (iii) any breach of any of your representations, warranties and covenants; (iv) the violation of any rights of another; and/or (v) any Released Claims or other waivers of rights by you in this Agreement; ‍

No Resale of Information/Services. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose other than as provided herein, any portion of the Services, use of the Services, or access to the Services.

Proprietary Rights. You acknowledge and agree that this Web Site, the Services, Information provided by us, and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property, trade secret rights and other laws. You further acknowledge and agree that the contents of this Web Site, including the compilation and arrangement of text, graphics, images, scripts, and any Information presented to you (collectively referred to as the “Contents”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Regardless of the extent to which the Software and the Contents are protected by copyright and except as expressly authorized by us or the provider of the Information, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on this Web Site, the Services, the Software or the Contents, in whole or in part. You must prominently affix to all copies and retain all copyright and other proprietary notices contained in the original Software or Contents on any copy you make of the Software or Contents.

The Boxoffice Company grants you as an individual a personal, non-transferable and non-exclusive right and license to use the object code of any Software it may provide on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by us for doing so.

Any designated trademarks, service marks, tradenames and brands are the property of their respective owners, and may not be displayed or used without the express written permission of the owner.

Disclaimer of Warranties. THE SERVICES AND ALL INFORMATION MADE AVAILABLE, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES, WILL BE TIMELY, SECURE, UNINTERRUPTED, VIRUS FREE, ACCURATE, RELIABLE, COMPLETE, USEFUL, COMPLIANT WITH AMERICANS WITH DISABILITEIS ACT OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO WARRANTY THAT THIS WEB SITE OR THE SERVICES WILL MEET USERS’ REQUIREMENTS, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH USING THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OR OTHER THIRD PARTY. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES AND PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTION, INCONVENIENCE OR OTHER INTANGIBLE LOSSES (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY SERVICES OR INFORMATION, INCLUDING: (i) THE USE OR THE INABILITY TO USE THE INFORMATION OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS AND SERVICES RESULTING FROM ANY ITEMS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR COMMUNICATIONS RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY COMMUNICATIONS OR INFORMATION; (iv) INFORMATION OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES PROVIDED.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE AGREEMENT OR THE USE OF THE SERVICES, INCLUDING ACCESSING THIS WEB SITE, EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS ($100.00).   (If you are a resident of the European Union or the European Economic Area, this limitation is subject to applicable law.)

EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THE AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THE AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THE AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THE AGREEMENT.

THE FOREGOING LIMITATION WILL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS WILL APPLY FOR US, OUR AFFILIATES AND FOR THE BENEFIT OF OUR THIRD PARTY SERVICE PROVIDERS, WHO WILL BE DEEMED THIRD PARTY BENEFICIARIES OF THE ABOVE PROVISIONS ENTITLED TO RELY ON AND ENFORCE THE PROVISIONS IN THEIR OWN RIGHT.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices. You will give any notice to us by both email and postal mail. Our postal address and e-mail addresses are set forth below at the end of this document, depending on your location.  We will give any notice to you by email or by postal delivery using an address you give us. We are not responsible if the notice does not arrive, nor are we responsible for determining if an address you give is correct. Notice will be deemed given within three (3) days after the date of the postal mailing, if such an address is used; otherwise within twenty-four (24) hours if given by us only by email.

User Privacy. We may use information you provide, including your name, mailing address, and email address, and information obtained through your use of this Web Site, for our internal business purposes and as set forth in our Privacy Policy and may disclose the information to third parties consistent with our Privacy Policy.

Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement will continue in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to the use of the Services, including accessing this Web Site, or any Information must be filed within one (1) year after such claim or cause of action arises, or be forever barred.

Waiver. Our failure to exercise or enforce any right or provision of the Agreement will not be deemed a waiver of such right or provision. No waiver of any term of the Agreement will be deemed a further or continuing waiver of such term or any other term.

General. Captions are for reference purposes only and do not define, limit, construe or describe the extent or scope of any section.

Contacting The Boxoffice Company. If you have any questions about the Agreement, the practices of this Web Site or your dealings with this Web Site, you may contact us at the particular provider of the Services to your locale:

U.K. Residents:  You may contact The Boxoffice Company (Glasgow) Limited. at its offices at 152 West Regent Street, Glasgow, Scotland G2 2RQ, attention commentuk@boxoffice.com

Other EU and EEA Residents: You may contact Webedia Movies Pro France at its offices at 2 Rue Paul Vaillant Couturier, 92532 Levallois-Perret, France, attention commentfr@boxoffice.com

U.S.A. Residents and Others:  You may contact The Boxoffice Company LLC at its offices at 63 Copps Hill Road, Ridgefield, Connecticut 06877 USA, attention commentus@boxoffice.com.

We are passionate about our work and inspired by our team