5.3 Use of Credits. 4.6 Copyright; Trademarks: Cinemark, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site and the Movie Rewards Page.
You have the right to direct Cinemark to not sell your information. We will disclose this information to third parties only in aggregate form or as may be required by law. You are neither automatically enrolled nor are required to enroll in Movie Club—you will be enrolled only if you elect to do so. If the item received is damaged, the Member must provide photographic documentation of the damage to our guest services department at Contact Us. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Cinemark Movie Rewards Program or thereafter: (i) Attack the title or any rights of Cinemark in or to the copyrights, trademark, and other intellectual property in the Site or the Cinemark Movie Rewards Program;(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or the Cinemark Movie Rewards Program;(iii) Claim (adversely to Cinemark or anyone claiming rights through Cinemark) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or the Cinemark Movie Rewards Program;(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or Movie Rewards or bring the Site or the Cinemark Movie Rewards Program into disrepute;(v) For its benefit, directly or indirectly, register or apply for registration of Cinemark’s trademarks or any mark which is, in Cinemark’s reasonable opinion, the same as or confusingly similar to any of Cinemark’s trademarks; and/or(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Cinemark’s reasonable opinion, the same as, confusingly similar to or incorporates any of the Cinemark’s trademarks. Opting-out of web measurements will still permit users to access cinemark.com, with all included information and functionality. These Terms and Conditions govern use of the Cinemark website, the Cinemark mobile app and the Cinemark Movie Rewards Program. CINEMARK DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR THE CINEMARK MOVIE REWARDS PROGRAM GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In these situations, the studios and not Cinemark control the nature, amount, and timing of the Rewards. Access to your Account is through the Cinemark website or the Cinemark mobile app. 4.18 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator.
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