Terms & Conditions - Cinema and Literature

Last Updated: January 15, 2025

1. Introduction and Acceptance

Welcome to Cinema and Literature ("we," "our," "us," or the "Company"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://cinemartliterature.com (the "Site"), including all content, features, functionality, and services offered on or through the Site.

Please read these Terms carefully before using our Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Site.

We reserve the right to modify these Terms at any time. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 16 years of age to use our Site. By using the Site, you represent and warrant that you meet this age requirement. If you are under 16, you may not access or use the Site.

2.2 Account Creation

Certain features of the Site may require you to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, fraudulent, or violates these Terms.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3. Use of the Site

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:

Any resale or commercial use of the Site or its content
Collection and use of product listings, descriptions, or prices
Making derivative uses of the Site or its content
Downloading or copying account information for the benefit of third parties
Using data mining, robots, or similar data gathering tools

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Violating any applicable local, state, national, or international law
Infringing on intellectual property rights of others
Transmitting harmful, offensive, or objectionable content
Impersonating any person or entity
Interfering with or disrupting the Site or servers
Attempting to gain unauthorized access to the Site or systems
Using automated systems to access the Site without permission
Collecting personal information about other users
Engaging in any fraudulent or deceptive practices
Posting spam, chain letters, or pyramid schemes
Uploading viruses or malicious code
Bypassing security measures or access restrictions

3.3 Content Standards

Any content you submit, post, or display on the Site must comply with the following standards:

Be accurate and not misleading
Not contain defamatory, obscene, or offensive material
Not promote violence, discrimination, or illegal activities
Not infringe on any third-party rights
Not contain advertising or solicitation
Respect the privacy of others

4. Intellectual Property Rights

4.1 Our Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Cinema and Literature, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

The Cinema and Literature name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without our prior written permission. Other names, logos, and brands are the property of their respective owners.

4.3 User Content

By submitting, posting, or displaying content on the Site ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with operating and promoting the Site.

You represent and warrant that:

You own or have the necessary rights to the User Content
Your User Content does not violate any third-party rights
Your User Content complies with these Terms

4.4 Copyright Infringement

We respect the intellectual property rights of others. If you believe that any content on our Site infringes your copyright, please contact us with:

Identification of the copyrighted work
Identification of the infringing material
Your contact information
A statement of good faith belief
A statement of accuracy under penalty of perjury
Your physical or electronic signature

5. Products and Services

5.1 Product Descriptions

We attempt to provide accurate product descriptions, information, and pricing. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

5.2 Pricing

All prices are subject to change without notice. We reserve the right to modify or discontinue products or services without liability. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

5.3 Availability

All products and services are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse service to anyone for any reason at our sole discretion.

5.4 Orders and Payments

By placing an order, you make an offer to purchase products or services. We reserve the right to accept or decline your order for any reason. Payment must be received before orders are processed. We accept various payment methods as indicated on the Site.

6. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we are not responsible or liable for:

Any content, products, or services available on third-party sites
Any damage or loss caused by use of third-party sites
The privacy practices of third-party sites

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

7. Disclaimer of Warranties

IMPORTANT: THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or completeness of content
Uninterrupted or error-free operation
Security or freedom from viruses

We do not warrant that:

The Site will meet your requirements
The Site will be available at all times
Defects will be corrected
The Site is free from harmful components

You use the Site at your own risk. No advice or information obtained from us or through the Site shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability

IMPORTANT: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

In no event shall Cinema and Literature, its affiliates, officers, directors, employees, agents, or suppliers be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or use
Business interruption
Cost of substitute products or services
Any damages arising from your use of or inability to use the Site
Any damages resulting from third-party conduct or content

Our total liability for all claims related to the Site shall not exceed the amount you paid us in the twelve (12) months prior to the claim, or €100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cinema and Literature, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use of the Site
Your User Content
Your violation of any third-party rights
Your violation of any applicable laws or regulations

10. Termination

We reserve the right to suspend or terminate your access to the Site at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

Violation of these Terms
Fraudulent or illegal activity
Requests by law enforcement or government agencies
Discontinuation or modification of the Site
Unexpected technical or security issues
Extended periods of inactivity

Upon termination:

Your right to use the Site will immediately cease
We may delete your account and content
You remain liable for all obligations incurred prior to termination
Provisions that should survive termination will remain in effect

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the courts located in Italy. You consent to the personal jurisdiction of such courts and waive any objection to venue.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal claim, you agree to first contact us to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

12.2 Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the Italian Arbitration Association. The arbitration shall take place in Julesberg, Italy.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Cinema and Literature concerning the Site.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or governmental actions.

13.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on this page
Updating the "Last Updated" date
Sending email notification (for significant changes)
Displaying a notice on the Site

Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

Cinema and Literature

Address: 8 Clinton Highway East Julesberg, Julesberg, QLD 2967, IT

Phone: +883426584228

Email: support@cinemartliterature.com

Website: https://cinemartliterature.com

16. Acknowledgment

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that you have read and understood our Privacy Policy.

Thank you for using Cinema and Literature!