Terms of Use

Version Date: June 30, 2011

ACCEPTANCE OF TERMS

Welcome to the PRIMA Cinema, Inc. (“PRIMA Cinema”) website. These Terms and Conditions of Use (“Terms of Use”) govern your use of the website, and by using the website, you agree to these Terms of Use. If you do not agree to these Terms of Use, do NOT use the website.

OWNERSHIP AND USE

The PRIMA Cinema website and any materials incorporated therein are owned, controlled or licensed by PRIMA Cinema, and are protected by copyrights, trade dress and other proprietary rights. Some of the logos, names and images are protected as registered or unregistered trademarks, trade names and/or service marks owned by PRIMA Cinema and others.

You may use the website and the materials incorporated in the website solely for your non-commercial, personal use only. No part of the website, including any materials incorporated therein, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, service, website or other medium for publication or distribution or for any commercial enterprise, without PRIMA Cinema’s express prior written consent.

PRIMA Cinema reserves the right to modify or discontinue, temporarily or permanently, all or any part of the website, with or without notice, and to establish or modify the general guidelines and limitations on the use of the website.

PRIVACY POLICY

Your use of the website and any personally identifying information submitted through the website is subject to our Privacy Policy, the terms of which are incorporated as part of these Terms of Use. To view PRIMA Cinema’s Privacy Policy, please click the Privacy link at the bottom of this page.

Any feedback you provide through this website shall be deemed to be non-confidential. PRIMA Cinema shall be free to use such information on an unrestricted basis.

CHANGES TO TERMS

PRIMA Cinema reserves the right, at its sole discretion, to change or modify these Terms of Use at any time. Your continued use of the website following the posting of any changes to the Terms of Use constitutes your acceptance to the changes, and the most current version of the Terms of Use will supersede all previous versions.

VIOLATION OF TERMS

PRIMA Cinema reserves the right, in its sole discretion and without prior notice, to terminate your access to the website and/or block your future access to the website, with or without cause, including in the event we determine that you have violated these Terms of Use. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PRIMA Cinema, for which monetary damages would be inadequate, and you consent to PRIMA Cinema obtaining injunctive or equitable relief. These remedies are in addition to any other remedies PRIMA Cinema may have at law or in equity.

DISCLAIMERS

PRIMA CINEMA DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, MATERIALS, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PRIMA CINEMA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PRIMA CINEMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRIMA CINEMA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PRIMA CINEMA FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT OR MATERIALS IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT OR MATERIALS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LIMITATION OF LIABILITY

PRIMA CINEMA DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER LINKED SITES, OR THE MATERIAL, INFORMATION, SERVICES OR OTHER CONTENT ON THE WESITE OR ANY OTHER LINKED SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF PRIMA CINEMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF PRIMA CINEMA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW; OTHER TERMS

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflicts of laws provisions, and any dispute of any kind between you and PRIMA Cinema arising under these Terms of Use shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and PRIMA Cinema expressly and irrevocably consent to personal jurisdiction and venue in these courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.