Terms and Use of the website

The following terms and conditions ("Terms of Use") govern the relationship between you and Landmark Cinemas of Canada Inc. ("Landmark Cinemas" or "we" or "us").

By using this website, www.landmarkcinemas.com ("Website"), including all Content available on or through the Website, you agree to comply with and be legally bound by these Terms of Use, including the Privacy Policy, which is published at landmarkcinemas.com/privacy-policy/ (the "Privacy Policy"), and which is incorporated into these Terms of Use by this reference. If these Terms of Use are not acceptable to you, do not continue using the Website. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on the Website. The date of the version of these Terms of Use is stated at the top of the page. Your continued use of the Website will be deemed your conclusive acceptance of the updated Terms of Use. The content on this Website may consist of text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials created by or for, or otherwise owned by us and our third party licensors (the "Content").

License and Site Access
Landmark Cinemas grants you a limited license to access and make personal use of the Website and any Content accessible through it. You may not download (other than page caching), or modify any portion of it, except with the express written consent (including by way of email) of Landmark Cinemas. The license to use the Website does not include any resale or commercial use of the Website or its Contents; or any derivative use of this Website or its Content; or any use of data mining, robots or similar data gathering, and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create material enhancements or improvements from, sell or otherwise exploit any of the Content on this Website for any commercial purpose. By using the Website, you warrant to Landmark Cinemas that you will not use the Website, or any of the Content obtained from the Website, for any purpose that is unlawful or prohibited by these Terms of Use. Landmark Cinemas does not grant any license or other authorization to any user of its trade-marks, service marks, or other copyrightable material or any other intellectual property, by placing them on this Website. If you violate any of these Terms of Use, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed Content.

Creating Account
On the Website you may create an account which will allow you to complete your ticket transaction without having to enter your personal information before the conclusion of each transaction. If you create an account, you agree to: (a) provide accurate, current and complete information about yourself as prompted by any registration form; and (b) maintain and promptly update the information you have provided. If Landmark Cinemas has reasonable grounds to believe that such information is inaccurate, not current or incomplete, Landmark Cinemas may suspend or terminate your access to your account and the Website and refuse any and all current or future use of the Website (or any portion of it). Landmark Cinemas’ use of any personal information you provide as part of the account registration process is governed by the terms of the Privacy Policy.

By creating an account through the Website, you affirm that you are either over the age of 18, or possess legal parental or guardian consent if you are between the ages of thirteen (13) and eighteen (18), and are fully able and competent to enter into and comply with these Terms of Use.

Payment
For online services offered by Landmark Cinemas through the Website, including Content, updates and new releases (collectively, the "Services") on a payment basis, the following terms apply, unless Landmark Cinemas notifies you otherwise in writing. These Terms of Use also incorporate by reference and include payment terms provided to you on a separate website (if any) for the Services:
a. Payments will be billed to you in Canadian dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the payment terms on the website for the Services.
b. You must pay with one of the following:
1. A valid credit card acceptable to Landmark Cinemas;
2. A valid debit card acceptable to Landmark Cinemas;
3. Sufficient funds in a chequing or savings account to cover an electronic debit of the payment due; or
4. By another payment option Landmark Cinemas provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when that information changes, we may suspend or terminate your account and refuse any use of the Services by you.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. Landmark Cinemas will automatically renew your Services for the same term as the expired term and at the then-current rates, unless the Services subscription is cancelled or terminated under these Terms of Use.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.

Third Party Services
In connection with your use of the Website, you may be made aware of services, products, offers and promotions provided by third parties, and not by Landmark Cinemas (the "Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Landmark Cinemas, is responsible for the performance of the Third Party Services.

Third Party Web Sites
The Website may contain or reference links to web sites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of Landmark Cinemas. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link on the Website is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Landmark Cinemas of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of Landmark Cinemas. We are not responsible for such provisions, and expressly disclaim any liability for them.

Conduct
By using the Website you agree that you will not do any of the following:
• Restrict or inhibit any other user from using and enjoying the Website;
• Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, national or foreign laws;
• Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Landmark Cinemas) or engage in spamming or flooding; or
• Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right, or material enhancements or improvements with respect thereto, without obtaining permission of the copyright owner or right holder.

Landmark Cinemas has no obligation to monitor the Website. However, you acknowledge and agree that Landmark Cinemas has the right to monitor the Website electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the services and products in accordance with their terms, or to protect itself or its subscribers. Landmark Cinemas will not intentionally monitor or disclose any private electronic-mail message unless required by law. Landmark Cinemas reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Disclaimer and Exclusion of Liability
Landmark Cinemas disclaims all warranties or conditions, whether express or implied, including any warranty or condition as to the quality, accuracy, completeness and suitability of the Content for any purpose. We shall not be held responsible for any action taken that is based on the Content presented on the Website, and you agree that all access to and use of the Website, and any and all Content presented on the Website, is at your own risk. Furthermore, we assume no responsibility for any damages that you may incur resulting from any viruses that may infect your computer, software or other equipment.

Consequently, Landmark Cinemas will not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Website, including the Content, however they may arise.

Jurisdiction
This Website originates in Alberta, Canada.
The Website can be accessed from countries outside Canada and may contain references to products, services, and programs that are not available outside the areas in which Landmark Cinemas actively conducts business. We make no representation or warranty as to the availability or accuracy of the Content contained within the Website in any jurisdiction outside the four provinces and one territory of Canada in which we conduct business (Alberta, British Columbia, Manitoba, Ontario, Saskatchewan, and the Yukon Territory).

Any claim or dispute arising from, or in relation to the Terms of Use, shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND AND AGREE TO BE BOUND BY THEM.