Last updated: December 08, 2023
This Service Agreement ("Agreement") establishes a legally binding contract between you and CinemaDrop, LLC ("us", "we", or "our"). This Agreement governs your access to and use of the website located at www.cinemadrop.com (the "Site") and the services provided thereon.
IT IS IMPERATIVE THAT YOU CAREFULLY READ THIS AGREEMENT TO ENSURE FULL UNDERSTANDING OF EACH STIPULATION. THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE AND A CLASS ACTION/JURY TRIAL DISCLAIMER. THESE ELEMENTS DICTATE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, INCLUDING ANY DISPUTES THAT PRECEDED YOUR ACCEPTANCE OF THESE TERMS, UNLESS YOU CHOOSE TO OPT OUT AS OUTLINED IN SECTION 11(B). TO THE EXTENT ALLOWED BY LAW, YOU CONSCIOUSLY SURRENDER YOUR RIGHT TO LEGAL REDRESS IN A COURT OF LAW, TO A JURY TRIAL ON YOUR CLAIMS, AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE LAWSUIT OR PROCEEDING.
BY CREATING AN ACCOUNT OR BY ACCESSING OR USING THE SITE, YOU (A) CONFIRM THAT YOU HAVE READ AND COMPREHEND THIS AGREEMENT; (B) ASSERT AND CONFIRM THAT YOU POSSESS THE RIGHT, AUTHORITY, AND CAPACITY TO AGREE TO THIS CONTRACT AND, IF ACTING ON BEHALF OF AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY; AND (C) CONSENT TO THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY OBLIGATED BY ITS CONDITIONS.
IF YOU DISAGREE WITH THESE TERMS, PLEASE REFRAIN FROM CREATING AN ACCOUNT, ACCESSING OR USING THE SITE. IF YOU DO NOT CONSENT TO THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE SITE.
We maintain the right to modify these Terms at our discretion without providing notice to you. You recognize and agree that it is your responsibility to review this Site and these Terms on a regular basis. Your continued utilization of the Site following any modifications signifies your acceptance and acknowledgment of the revised Terms.
(b) "Services" means any products, services, content, features, technologies, or functions, and all related websites, applications, and services offered to you by CinemaDrop.
(c) "CinemaDrop" refers to CinemaDrop, a business registered in the State of California, the United States, providing the Services.
(d) "Users" or "you" refers to anyone who uses our Services.
(e) "Documentation" refers to any accompanying documentation provided with the Services.
(f) "Commercial Computer Software" refers to the software components of the Services as defined by US Federal Acquisition Regulation 48 C.F.R. § 2.101.
(g) "Export Regulations" means US export control laws, including the US Export Administration Act and its associated regulations.
(a) User Eligibility and Agreement: By assenting to this agreement, the user represents that he or she is legally competent to enter into a binding contract with CinemaDrop, and that he or she will adhere to all applicable local, state, national, and international laws, rules, and regulations. The Services provided by CinemaDrop are not available to individuals under the age of 18, nor to Users who have previously been prohibited from using the Services by CinemaDrop.
(b) Account and Access: Subject to the user's payment of any required fees and adherence to the terms and conditions of this Agreement, CinemaDrop grants a revocable, non-exclusive, non-transferable right to access and use the Services. The user bears the sole responsibility for all activities occurring under their account and it is incumbent upon the user to maintain the security of their account password. Prompt notification of any unauthorized use of the user's account to CinemaDrop is expected.
(c) Use of Guidelines and Services: CinemaDrop grants a non-exclusive license to the user for the utilization of the Guidelines for their business activities. However, usage of the Services must not contravene the stipulated limitations; including but not limited to, duplication of the Services, unsolicited communication, utilization of automated systems, compromise of system security, or collection of personally identifiable information from the Services.
(d) Data Collection and Rights: CinemaDrop reserves the right to monitor the user's utilization of the Services and to collect and compile statistical data, the ownership of which is retained solely by CinemaDrop. CinemaDrop assures the user that such Cumulative Statistics will not be used in a manner that reveals the user's identity or confidential information. Any rights not explicitly granted to the user under this Agreement are reserved by CinemaDrop.
(e) Changes and Interruptions: CinemaDrop reserves the right, at its sole discretion and without prior notice, to modify, suspend or terminate the Services, including the user's access to the Services. Notwithstanding such modifications, suspensions or terminations, the user remains bound by this Agreement.
(f) User Interactions: The user is solely responsible for interactions with other users. While CinemaDrop retains the right to monitor disputes between users, it is under no obligation to do so. CinemaDrop shall bear no liability for any interactions or actions between the user and other users.
(a) Ownership and Usage of Content: The content you generate, known as "Customer Content," remains your property. CinemaDrop holds no ownership rights over it, but reserves the right to remove any such content shared through the Services at its discretion. By sharing your content, you grant CinemaDrop a free, non-exclusive, worldwide license to use, edit, publish, translate, distribute, and create derivative works from your content. You are responsible for obtaining necessary permissions for any third-party content you share, ensuring it doesn't violate any laws or rights, and adhering to our policies and guidelines. The sole responsibility for the content and its consequences lies with you.
(b) CinemaDrop's Intellectual Property: All Intellectual Property Rights pertaining to CinemaDrop are exclusively owned by CinemaDrop and its licensors. Unauthorized use is strictly prohibited. This includes any information, data, or content generated from monitoring your use of the Services, excluding Customer Content. Any feedback you submit is voluntary, without obligation for compensation, and may be used without restriction.
(c) Copyright Infringement: CinemaDrop respects copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA"). If you suspect your copyrighted work has been infringed upon via our Services, please contact CinemaDrop's DMCA Agent with the necessary information. Misrepresenting material as infringing may lead to legal penalties. This process is only for reporting suspected copyright infringement. CinemaDrop reserves the right to restrict access or terminate accounts of users infringing others' intellectual property rights.
(a) Usage Policy: The use of our Services comes with rules, prohibiting actions such as unauthorized reproduction of Services, overwhelming our servers with automated requests, spamming, breaching security measures, causing unreasonable load on our infrastructure, uploading harmful data, collecting personal information without authorization, commercial solicitation, impersonation, disrupting the Services, unauthorized access to content, and circumventing access prevention measures. You are expected to comply with all these rules, this Agreement's terms, relevant laws and regulations, and any guidelines posted on CinemaDrop.
(b) Account Responsibilities: You are liable for all actions connected to your use of the Services, including those by Authorized Users. Any breach of this Agreement by an Authorized User will be considered a breach by you. You must ensure all Authorized Users are aware of this Agreement and comply with its terms during use of the Services.
(c) Login Information Security: You are responsible for keeping your login credentials for the Services confidential, and these must not be sold or transferred. Any unauthorized access to your account must be reported to us immediately.
(a) Paid Services. Some features of our services require payment. If you opt for these, you agree to our Pricing and Payment Terms, accessible here. These terms may change over time, and CinemaDrop reserves the right to introduce new fee-based services or amend the fees of existing services. Any changes will apply from the next billing cycle after the changes are announced, as outlined in this Agreement.
(b) Non-refundable Cancellation. While you have the option to cancel your account at any time, we do not offer refunds upon cancellation. If CinemaDrop suspends or terminates your account or this Agreement, you understand that you will not be eligible for a refund or exchange for any unused subscription time, fees, content, data, or any other aspects related to your account.
(c) Free Trials. We may offer free trial periods for some services. Billing starts either at the end of your free trial or at the beginning of your paid subscription, whichever is later. We won't notify you when your free trial ends and your paid subscription begins. To avoid charges, cancel your subscription before the end of the free trial, Pacific Standard Time. If you cancel during the free trial, immediate cancellation may apply.
(d) Subscription Renewals. YOUR SUBSCRIPTION FEES RENEW AUTOMATICALLY EVERY MONTH UNLESS YOU CANCEL. Cancellation must be done through your settings page or in writing to email@example.com and will take effect in the month after the notification month. If you do not cancel, your subscription and associated fees renew automatically, and we or our authorized third-party payment provider will charge these fees plus any taxes to an eligible payment method we have on record for you, without notification, unless required by law.
(e) Delivery and Ownership. Products purchased via our services are delivered by an independent carrier not affiliated with or controlled by CinemaDrop. Ownership and risk of loss for these products transfer to you when CinemaDrop or our supplier delivers them to the carrier.
(f) Payment Methods and Taxes. We accept payments through Stripe, including Mastercard, Visa, and American Express, and you agree to Stripe's Services Agreement, available at https://stripe.com/us/legal. You must provide accurate and current information for all purchases and transactions. You're responsible for all charges incurred by users of your payment method, at the rates in effect when these charges are incurred. You also agree to pay any taxes applicable to these transactions.
CinemaDrop and its Customers may share Confidential Information from time to time. The recipient of this information agrees to keep it confidential, sharing it only with employees who need it to fulfil their obligations under this Agreement, and who will protect it at least to the standard required by this Agreement. Confidential Information may be disclosed if legally required, or to protect a party's rights under this Agreement. The obligation to maintain confidentiality lasts for five years from the initial disclosure, or indefinitely if the Confidential Information is a trade secret under applicable law. Despite our commitment to your personal information's safety and integrity, we can't guarantee against unauthorized breaches. By providing personal information, you acknowledge and accept this risk.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". USE OF THE SERVICES IS AT YOUR OWN RISK. CinemaDrop, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS MAKE NO GUARANTEES, EXPRESS OR IMPLIED, INCLUDING ABOUT ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. We do not guarantee that errors will be fixed or that the Services are virus-free. Any advice, information, or content you obtain through the Services does not carry a warranty unless expressly stated here.
CinemaDrop DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH OUR SERVICES OR LINKED WEBSITES. We are not a party to transactions between you and third-party providers. SOME LEGAL JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU. You may have other rights under applicable law.
By using our services, you agree to defend CinemaDrop and its employees, agents, and managers, against any legal action. This includes any losses, expenses, or damages from your or your authorized users' actions, such as use of our services, breach of this agreement, infringement of rights, breaking laws, misleading information, misconduct, or unauthorized access.
Under the law, CinemaDrop is not liable for any indirect, consequential, or incidental damages, lost profits, reputation damage, or data loss. We are not responsible for unauthorized access or use of our services or your account, nor for any content errors, damage from your use of our services, unauthorized access to our servers, interruption of services, or any harm caused by third parties. Our total liability will not exceed the amount paid to us under this agreement in the past year or $50.00, whichever is greater. This applies even if we were advised of potential damages. These limitations may not apply to you depending on local laws.
(a) Governing Law. The services of CinemaDrop are based in California, and by using them, you agree that any disputes will be governed by California law. Any court action will take place in California. If arbitration (described below) isn't enforceable, you agree that any appeals or court proceedings will take place in California.
(b) Arbitration. CinemaDrop prefers to resolve disputes directly, so please reach out first at firstname.lastname@example.org. If we can't reach a solution within 60 days, both parties agree to resolve the dispute through binding arbitration. If you're new to our services, you can opt out of arbitration within 30 days of agreeing to these terms by emailing email@example.com. Arbitration does not prevent you from filing a claim in small claims court, if eligible.
(c) Class Action/Jury Trial Waiver. All disputes must be brought individually, not as part of a class action. This applies to arbitration as well, unless both parties agree otherwise. Any relief provided can only affect the individual who brings the claim. By agreeing to these terms, both you and CinemaDrop waive the right to a jury trial or to participate in a class action lawsuit.
(a) Agreement Completeness & Severability. This Agreement, together with any other related ones, constitutes the full understanding between you and CinemaDrop. If any part of it is judged invalid by a competent court (as described in Section 11(b)), the rest of the Agreement remains unaffected.
(b) Changes to Agreement. CinemaDrop has the right to update this Agreement as needed. We'll notify you of significant changes via direct email or an announcement within our Services. If you continue using our services after changes take effect, it means you accept the revised terms. We promise to give you at least 30 days' notice of changes that may significantly reduce quality or services.
(c) Export Regulations Compliance. You agree not to use our Services in a way that violates US export control laws. This includes not exporting or making our Services accessible in any country where it would be prohibited by law. You are responsible for complying with all relevant federal laws, regulations, and rules.
(d) US Government Usage Rights. If you are a US Government agency or contractor, you only receive those rights regarding our Services that are granted to all other end users under the applicable federal regulations.
(e) Non-Waiver. Any failure by CinemaDrop to enforce any term of this Agreement doesn't mean we waive that term or any other term. We maintain our rights even if we don't act immediately when a breach of the Agreement occurs.
(f) Notices. Unless otherwise stated in this Agreement, all notices should be delivered via email or through a direct message via our services. If a physical mailing is necessary, please contact us for our designated mailing address. Delivery can be made via certified or registered mail (postage prepaid and return receipt requested), or by a recognized overnight courier service. Notices are considered given upon our receipt. CinemaDrop may provide notifications to you, whether required by law or for other business purposes, via email, written notice, or through our website. These electronic communications satisfy any legal requirement that such communications be in writing.
(g) Agreement Assignment. You can't transfer or assign this Agreement without our prior written consent. We, however, reserve the right to assign this Agreement and delegate our obligations under it.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.