Terms of Use

1. ACCEPTANCE OF TERMS OF USE

Welcome to the Consolidated Theatres website. Consolidated Theatres (CT), is the owner and operator of this site. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. Your use of this site, except as provided in these Terms of Use, without the written permission of CT, is strictly prohibited. We reserve the right, at our discretion, to update or revise these Terms of Use from time to time. You are responsible for regularly reviewing these Terms of Use for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. THIRD PARTY SITES

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CT, and you acknowledge and agree that CT is not responsible for the accuracy, copyright compliance, advertising, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by CT or any association with its operators.

3. PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by CT, you agree not to sell, license, use, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices, make no modifications to the content, and do not use the content in any manner that suggests an association with CT or any of its services or products. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from CT is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of CT. CT will fully cooperate with any law enforcement authorities or any court order requesting or directing CT to disclose the identity of anyone posting or transmitting any information or materials on, from or through this site.

4. USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you grant CT and its affiliates and licensees a world-wide royalty free, perpetual, irrevocable license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content (including and name or identification that is included) in any form, anywhere and for any purpose; b. agree that you are the owner or otherwise controls all of the rights to the content and that public posting and use of your content by CT will not infringe or violate the rights of any third party, including any patent, trademark, copyright, trade secret or other intellectual or proprietary rights; and c. agree that CT may remove or edit any content at any time and without notice.

5. DISCLAIMER OF WARRANTIES

ALL CONTENT MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CITADEL CINEMAS, INC., ITS SUBSIDIARIES, AFFILIATES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CT, ITS SUBSIDIARIES, AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

Upon a request by CT, you agree to defend, indemnify, and hold harmless CT and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, made by a third party that arise from your use or misuse of this site. CT 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 CT in asserting any available defenses.

8. INTERNATIONAL USE

CT makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and agree to comply with all applicable local laws.

9. CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Hawaii, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Hawaii, and you further agree and submit to the exclusive and personal jurisdiction of the State of Hawaii and to the venue of the Supreme Court of Hawaii, for the purpose of litigating any such claim or action and waive any objection to the propriety and convenience of venue of such courts.

10. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CT with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CT with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11. TERMINATION

CT reserves the right, in its sole discretion, to terminate your access to all or any part of this site, at any time for any reason, with or without notice.

12. COPYRIGHT NOTICE

If you believe that any content appearing on this site has been copied in a way that constitutes copyright infringement, please forward the following information to the following address:
Your name, address, telephone number and email address
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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.
Consolidated Theatres
1044 Auahi Street
Honolulu, HI 96814
T: 808-594-7045
Email: info@consolidatedtheatres.com
By this filing, Consolidated Theatres seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law.

13. INFORMATION OR COMPLAINTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this site, please send an e-mail to: info@consolidatedtheatres.com. You may also contact us by writing to Consolidated Theatres, 1044 Auahi Street, Honolulu, HI 96814 or calling us at (808) 594-7045. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

Updated October 10, 2008


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