Terms and Conditions of Use

Please read these terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify your acceptance of these terms and conditions of use.

1. User Acceptance and Consent to Terms and Conditions of Use.

Welcome to Film Metro. By using or registering for the services offered on the Film Metro website, users and the entities or persons they represent ('User' or 'Users') agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use"). Film Metro reserves the right to change these Terms of Use from time to time and at its sole discretion, so please check back periodically for changes.

Your continued use of Film Metro website and the Film Metro service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In addition, when you purchase any good or service on the Film Metro, you agree to the terms of each of the purchase policies to which each such good or service purchased via the Film Metro and the Film Metro service is subject, which is incorporated herein by reference. If you do not agree to these Terms of Use please do not use the Film Metro website and the Film Metro service. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by Film Metro website and shall be of no force or effect. You represent that you have read and agree to be bound by these Terms of Use, including our Privacy Policy, which you should review.

2. Registration; Member Account Creation and Security.

In consideration of your use of the Film Metro and the Film Metro service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Film Metro service's registration form (such information being the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Film Metro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Film Metro has the right to suspend or terminate your account and refuse any and all current or future use of the Film Metro website and/or the Film Metro service (or any portion thereof).

As part of the registration and account creation process necessary to obtain access to portions of the Film Metro website and/or the Film Metro service, you will select a subscriber identification ID and a password. You will provide Film Metro with certain registration information, all of which must be accurate and updated. You shall not

• Select a subscriber ID already used by another person;
• Use a subscriber ID in which another person has rights without such person's authorization; or
• Use a subscriber ID or password that Film Metro, in its sole discretion, deems offensive or inappropriate.

You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify Film Metro of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your Film Metro account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Film Metro's sole discretion, and may refer you to appropriate law enforcement agencies. You are responsible for all charges, if any, incurred up to the time the account is terminated. Film Metro cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the Film Metro are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Film Metro website may be subject to prosecution.

3. Privacy Policy.

Your Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy.

4. License; Permitted Use.

You agree that you are only authorized, in accordance with, and pursuant to these Terms of Use, to visit, view and to retain a copy of pages of the Film Metro website for your own personal, noncommercial use, and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use the Film Metro website or the Film Metro service for any purpose other than to review movie and promotional information, and/or for personal use, unless otherwise specifically authorized by Film Metro to do so. As an express condition of your use of the Film Metro website and the Film Metro service, you warrant to Film Metro that you will not use the Film Metro website or service for any unlawful purpose or purpose prohibited by these Terms of Use. You also agree not to link or deep-link to the Film Metro for any purpose, unless specifically authorized by Film Metro to do so. You acquire absolutely no rights or licenses in or to the Film Metro website and/or service and materials contained therein other than the limited right to utilize the Film Metro website and/or service in accordance with these Terms of Use. Should you choose to download content from the Film Metro, you must do so in accordance with these Terms of Use. Such download is licensed to you by Film Metro ONLY for your own personal, noncommercial use in accordance with these Terms of Use and does not transfer any other rights to you. If you violated any part of these Terms of Use, your permission to use the Film Metro website and service automatically terminates and you must immediately destroy any copies you have made of any material obtained through the Film Metro website and/or service.

5. Rules Of User Conduct; User's Grant Of Limited License.

(a) Rules of User Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Film Metro, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Film Metro and/or the Film Metro service. Film Metro does not control the Content posted via the Film Metro website and/or the Film Metro service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Film Metro website and/or the Film Metro service, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Film Metro be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Film Metro and/or the Film Metro service.

You also agree that you will not harvest or collect information about the users or members of the Film Metro website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages of the Film Metro or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Film Metro. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from the Film Metro website without the prior expressed written permission of Film Metro. Although Film Metro cannot monitor the conduct of its Users off the Film Metro website, it is also a violation of these rules to use any information obtained from the Film Metro website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User's prior explicit consent.

Film Metro is not responsible for screening, policing, editing, or monitoring the content posted by users of communications on or through the Film Metro website. If notified of inaccurate content, Film Metro may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Notwithstanding the foregoing, neither Film Metro, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Film Metro, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or content on this Film Metro.

You acknowledge and agree that Film Metro may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• comply with legal process;
• enforce the TOS;
• respond to claims that any Content violates the rights of third-parties; or
• protect the rights, property, or personal safety of Film Metro, its users and the public.

You understand that the technical processing and transmission of the Film Metro service, including your Content, may involve

• transmissions over various networks; and
• changes to conform and adapt to technical requirements of connecting networks or devices.

Use Of Web Forums At Your Own Risk. The Film Metro Service contains bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively "Forums").

(b) User's Grant Of Limited License. By posting or submitting content to any User-submit areas of the Film Metro website, you automatically grant, or warrant that the owner of such content has expressly granted, Film Metro and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, and promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Film Metro will not infringe or violate the rights of any third party. You also permit any other User to access, store, or reproduce the content for that User's personal use.

6. Proprietary Rights; Restrictions on Use.

You acknowledge and agree that the Film Metro website is the copyrighted property of Film Metro, and you further acknowledge that the Film Metro website and the Film Metro service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, some of which is owned by Film Metro and some of which is owned by third parties (collectively 'Protected Content') that are protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Film Metro owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Film Metro, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from this Film Metro to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Film Metro is prohibited. In addition, use of the content or materials for any purpose not expressly pemited in these Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Film Metro website and the Film Metro service or these Terms of Use.

The Film Metro website or any portion it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Film Metro (and the copyright owner if other than Film Metro). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Film Metro and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Film Metro's name or trademarks without the express written consent of Film Metro. Any unauthorized use terminates the permission or license granted by Film Metro.

You agree not to use, transfer, distribute or dispose of any information contained in the Film Metro and the Film Metro service in any manner that could compete with the business of Film Metro. You agree to protect the proprietary rights of Film Metro and all others having rights in the Film Metro and the Film Metro service during and after the term of this agreement and to comply with all reasonable written requests made by Film Metro or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Film Metro and the Film Metro service. You agree to notify Film Metro in writing promptly upon becoming aware of any unauthorized access or use of the Film Metro or the Film Metro service by any party or of any claim that the Film Metro or the Film Metro service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

Illegal and/or unauthorized uses of the Film Metro, including, but not limited to, unauthorized ticket sales, duplication or alteration of tickets, unauthorized framing of or linking to the Film Metro website, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

As noted above, except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements on this Film Metro website protected by copyright, or other proprietary right without the express written permission of Film Metro.

In Further instance of the above noted, you herby agree as follows: you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit and part of Film Metro website, tickets or the Film Metro service, expect that you may download materials from the Film Metro website and service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. Modification of the Film Metro website content and ticketing service would be a violation of Film Metro’s copyright and other proprietary rights and legal actions may be taken against offenders . Additionally, you may not offer any part of the Film Metro website or the service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Film Metro. Furthermore, you may not use any of Film Metro’s trademarks, trade names or service marks in any manner, which creates the impression that such names and marks belong to or are associated with you or are used with Film Metro’s consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You will not use the Film Metro website or service or the information contained therein in unsolicited mailings or Spam material. You will not use any of the Film Metro’s trademarks, trade names or service marks in unsolicited mailings or Spam material. You will not Spam or send unsolicited mailings to any person or entity using the service.

7. Rights Reserved.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Film Metro and/or the Film Metro service (the "Intellectual Property Rights") shall, as between you and Film Metro, at all times be and remain the sole and exclusive property of Film Metro. All present and future rights in and title to the Film Metro website and/or the Film Metro service (including the right to exploit the Film Metro website and/or the Film Metro service and any portions of the Film Metro website and/or the Film Metro service over any present or future technology) are reserved to Film Metro for its exclusive use.

8. Third Party Film Metro's.

Users may through hypertext or other computer links gain access to other sites on the Internet that are not under Film Metro's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by Film Metro, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Film Metro. These third party sites are not, and you acknowledge that Film Metro is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such by Film Metro, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by Film Metro.

9. Disclaimer Of Warranties; Limitation of Liability.

A portion of Film Metro's content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not of Film Metro. Film Metro neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Film Metro by anyone other than an authorized employee spokesperson of Film Metro while acting in his or her official capacity.

You agree that your use of the service is at your sole risk and acknowledge that the Film Metro website and the Film Metro service and anything contained therein or available through, including, but not limited to, materials, information, software, products, content, services, goods or advertisements (the 'items') are provided 'as is' and 'as available' for your use, and that Film Metro makes no warranty of any kind, express or implied, as to the items, including, but not limited to, implied warranties of merchantability, noninfringement, title or fitness for a particular purpose or use. Film Metro, its affiliates, subsidiaries, and Licensors do not warrant that the Film Metro website and the Film Metro service is accurate, reliable or correct; that this Film Metro will be available at any particular time or location; that any defects or errors will be corrected; or that the Film Metro website and services is free of viruses, worms or 'Trojan Horses' or other harmful components and they are not liable, jointly or severally for any damage you may suffer as a result of destructive features. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Moreover, you agree that Film Metro, its suppliers and its third-party agents shall specifically have no responsibility or liability for

i. any injury or damages, whether caused by the negligence of Film Metro, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the Film Metro or the Film Metro service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Film Metro by any other party or

ii. any fault, inaccuracy, omission, delay or any other failure in the Film Metro website of Film Metro service caused by your computer equipment or arising from your use of the Film Metro website or the Film Metro service on such equipment.

Film Metro is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on, the Film Metro website or the Film Metro service which are not maintained or controlled by Film Metro.

Film Metro does not

• make any warranty, express or implied, with respect to the use of the links provided on, or to, the Film Metro website or the Film Metro service,
• guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Film Metro website or the Film Metro service or
• make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Film Metro website or the Film Metro service.

Film Metro is also not responsible for the reliability of continued availability of the telephone lines and equipment you use to access the Film Metro website or the Film Metro service. You understand that Film Metro and/or Third-party contributors to the Film Metro website or the Film Metro service may choose at any time to inhibit or prohibit their content from be accessed under the terms of use.

Under no circumstances, including but not limited to negligence, shall Film Metro, its affiliates, subsidiaries, licensors, suppliers, and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages, whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if a Film Metro authorized representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the Film Metro website and/or service or any provision of the terms of use, such as, but not limited to, loss of revenue, punitive, anticipated profits, or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.

Film Metro's liability in such jurisdictions shall be limited to the extent permitted by law.

In no event shall Film Metro's total liability to you for for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, in any, in connection with the Film Metro website and service.

12. Indemnification.

You agree to defend, indemnify and hold harmless Film Metro, and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders or other partners, and employees, from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third party due to or arising (i) from your use or misuse of or your connection to the Film Metro website and/or the Film Metro service (ii) out of Content you submit, post to or transmit through the Film Metro service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Film Metro 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 Film Metro in asserting any available defenses.

13. Representations and Warranties. You represent, warrant and covenant that:

a. you have the power and authority to enter into this agreement;

b. you shall not use any rights granted hereunder for any unlawful purpose; and

c. you shall use the Film Metro website and the Film Metro service only as set forth in these Terms of Use.

14. International Use.

Film Metro makes no representation that materials on this Film Metro website and/or the Film Metro service are appropriate, legal or available for use in locations outside the United States, or that it is authorized for export from the United States or import into any other country. This Film Metro website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access this Film Metro from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of this Film Metro website and the Film Metro services. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Film Metro website and the Film Metro service.

15. General Information.

The Terms of Use and the relationship between you and Film Metro shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Film Metro agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, State of California.

Each party waiver its right to a jury trial in any court action arising between the parties, whether under this agreement of otherwise related to this agreement, and whether made by claim, counterclaim, third party claim or otherwise the agreement of each party to waive its right to a jury trial will be binding on its successors and assigns.

The failure of Film Metro to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that Film Metro has the right to change the content, service or technical specification of any aspect of the Film Metro website or the Film Metro service at any time in Film Metro's sole discretion. You further accept that such changes may result in your being unable to access the Film Metro website and/or the Film Metro service.

16. Termination.

In accordance herewith, either you or Film Metro may terminate the Terms of Use with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing use of the Film Metro website and the Film Metro service and destroying all materials obtained therefrom. Your use of the Film Metro website and the Film Metro service will terminate immediately without notice from Film Metro if you, in Film Metro's sole discretion, fail to comply with any provision of these Terms of Use. Upon termination by you or upon notice of termination by Film Metro, you must immediately cease all use of the Film Metro website and the Film Metro service and destroy all materials obtained from the Film Metro website and the Film Metro service and any copies thereof.

17. Entire Agreement.

These Terms of Use and any and all other terms and conditions of service on www.Film Metro, and its successor, represent and constitute the entire agreement between you and Film Metro regarding your relationship with Film Metro, supersedes any prior statements or representations and governs your use of the Film Metro website and the Film Metro service.