TERMS OF USE
AGREEMENT
PLEASE READ THIS TERMS OF
USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. BY
USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement sets forth
the terms of use for the website operated by IPic Entertainment LLC at
www.ipic.com (the "Site"). IPic Entertainment LLC reserves the right
to change, modify, add, or remove portions of this Agreement at any time. Such
changes, revisions or modifications shall be effective immediately upon notice
to you, which may be given by any means including, without limitation, via
posting on the Site. Your continued use of the Site after such notice shall be
deemed to constitute acceptance of such changes, revisions or modifications.
SCOPE OF USE
IPic Entertainment LLC
invites you to view, use and download a single copy of this Site for your
informational, personal, non-commercial use. Except as otherwise provided
herein, no part of any materials, information, software, products or services
included in or available through this Site may be copied, downloaded, or stored
in a retrieval system, nor may the same be redistributed for any purpose,
without the express written permission of IPic Entertainment LLC.
COMPLIANCE WITH LAWS
You agree to comply with
all laws, rules and regulations applicable to your use of the Site.
TRADEMARKS
"IPic Entertainment
LLC Marks" means IPic Entertainment LLC; IPic Theaters; Ovations
Restaurant, Pinstrikes Bowling; Sequel Bar, IPic ÒLiveÓ; MovIe Express; and all
other trademarks, service marks and other commercial symbols used in connection
with IPic Entertainment LLC or its affiliates' business. All IPic Entertainment
LLC Marks are the exclusive property of IPic Entertainment LLC, its affiliates
or third-party licensors. This Agreement does not authorize you to use any IPic
Entertainment LLC Mark, and you agree not to use any IPic Entertainment LLC
Mark in any manner without the prior written consent of IPic Entertainment LLC,
which consent may be withheld in the sole discretion of IPic Entertainment LLC.
Unauthorized use of any IPic Entertainment LLC Mark may be a violation of
federal and state trademark laws.
COPYRIGHT
This Site is protected by
U.S. copyright laws and international treaties. All materials contained in the
Site are the copyrighted property of IPic Entertainment LLC or its affiliates
or third-party licensors. Except for your informational, personal,
non-commercial use as authorized above, you may not use, modify, reproduce,
distribute, transmit, republish or display the content, design or layout of the
Site, or any components thereof, without the express written permission of IPic
Entertainment LLC.
LINKS TO THIRD PARTY WEBSITES
This Site may produce
automated search results or otherwise link you to other websites on the
Internet. These other websites are not under the control of IPic Entertainment
LLC, and you acknowledge and agree that IPic Entertainment LLC is not
responsible for the accuracy, copyright compliance, legality, decency, or any
other aspect of such websites. The inclusion of such a link does not imply
endorsement of the website by IPic Entertainment LLC or any association with
its operators, and IPic Entertainment LLC disclaims all liability with respect
to such linked websites, including but not limited to your access to and/or use
of the same.
REGISTRATION AND PASSWORDS
The Site may permit or
require you to register or obtain a password prior to permitting access to
certain products or services available through the Site. You acknowledge and
agree that you are responsible for maintaining the confidentiality of your
registration information and password, and for all uses of your password.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE
PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. IPIC ENTERTAINMENT LLC AND ITS
AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE
OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL IPIC ENTERTAINMENT LLC OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF IPIC ENTERTAINMENT
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, IPIC ENTERTAINMENT LLC'S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend,
indemnify and hold harmless IPic Entertainment LLC, its affiliates, and their
respective employees, contractors, agents, officers, and directors from all
liabilities, claims, and expenses (including reasonable attorneys' fees) that
arise out of or are related to any User Content you submit, post, transmit or
make available through the Site, your violation of this Agreement, or your
violation of any third party rights.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be
governed by the laws of the State of Florida without regard to the conflicts of
laws rules of any jurisdiction. Every dispute concerning the interpretation or
effect of this Agreement and/or your use of the Site must be resolved in the
state or federal courts situated in the State of Florida. You agree to the
personal jurisdiction, subject matter jurisdiction, and venue of these courts.
EQUITABLE RELIEF
You acknowledge that any
breach or threatened breach of this Agreement will result in irreparable harm
for which damages would not be an adequate remedy, and, therefore, in addition
to its rights and remedies otherwise available at law, IPic Entertainment LLC
shall be entitled to seek immediate equitable relief, including injunctive
relief, as appropriate. If IPic Entertainment LLC seeks any equitable remedies,
it shall not be precluded or prevented from seeking remedies at law, nor shall
it be deemed to have made an election of remedies.
ATTORNEYS' FEES
In addition to any other
relief, the prevailing party in any action arising out of this Agreement shall
be entitled to attorneys' fees and costs.
SEVERABILITY
If any provision of this
Agreement is held unenforceable or invalid under any applicable law or is so
held by applicable court decision, such unenforceability or invalidity will not
render this Agreement unenforceable or invalid as a whole, and such provision
will be changed and interpreted so as to best accomplish the objectives of such
unenforceable or invalid provision within the limits of applicable law or the
applicable court decisions.
WAIVER
Any waiver by IPic
Entertainment LLC of a breach of any provision of this Agreement shall not
operate as or be construed to be a waiver of any other breach of such provision
or of any breach of any other provision of this Agreement. Any waiver must be
in writing. Failure by IPic Entertainment LLC to insist upon strict adherence
to any term of this Agreement on one or more occasions shall not be considered
a waiver or deprive IPic Entertainment LLC of the right to insist upon strict
adherence to that term or any other term of this Agreement.
TERMINATION
IPic Entertainment LLC
reserves the right, in its sole discretion, to terminate your access to all or
part of the Site, with or without notice, for any reason or no reason,
including without limitation your violation of this Agreement.
QUESTIONS
If you have any questions about this Agreement, you can contact us as follows:
You can send your request
for information to the following email address: legal@ipic.com
You can send your request
for information to the following postal address:
IPic Entertainment LLC
3300 Airport Road.
Suite #203
Boca Raton, FL. 33431