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 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.
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.
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:
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: firstname.lastname@example.org (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.)
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.
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.
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 email@example.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 firstname.lastname@example.org
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 email@example.com.