You are responsible for maintaining Your registration information confidential and secure and for any and all activities that occur under or in connection with Your registration information. You should choose strong access credentials, including choosing a strong login and password, verify any emails before responding to them with confidential information, and use anti-virus software. You agree to notify the Company of any known or suspected unauthorized use(s) of Your registration information. The Company will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to safeguard Your registration information.
You are responsible for maintaining the confidentiality of all access credentials, including logins and passwords, and for ensuring that each and all access credentials are used only by the applicable User. You are responsible for any and all activities that occur under Your account to the extent such activities are not performed or caused by the Company, its agents or employees. You shall promptly notify the Company of any unauthorized use of Your account, the Services, or any other breach of security known to You. You shall treat any Company information made available to You with the same degree of care with which You treat Your own confidential information, and in no case less than a reasonable degree of care, and You shall take all reasonable precautions to protect the confidentiality of such Company materials made available to You. The Company shall have not liability for any loss or damage to You in any form arising from Your failure to comply with these requirements.
You understand and acknowledge that the information provided on this Website related to any listed Products or Services, including descriptions, photographs, and images, are for informational purposes only, and are not meant as complete or accurate representations of such products. If You have any questions as to the nature, ingredients, or substance of any particular product, please contact the Company for clarification. We reserve the right to change or update product descriptions and depictions at any time without giving You notice, including to correct any errors, inaccuracies, or omissions, or due to changes in availability for sale. You understand and acknowledge that You have complete oversight over which Services or Products You elect to purchase and the amount of investigation, inquiry and study You devote to evaluating Your buying decisions in connection with the Website. You release Us from all liability related to the above activities and those that are wholly under Your control.
Some of the Products and Services are provided for and/or maintained by third parties (“Third Party Providers”). The Company does not represent the Third Party Providers. We do not supervise, oversee, inspect or control, and we are not liable to or responsible for, the quality, safety, lawfulness or availability of the products or services offered for sale by Third Party Providers or the ability of any party to complete a purchase or sale.
We will provide commercially reasonable efforts to enable You to access the Services during posted times of availability pursuant to this Agreement, except for any: (a) planned downtime of the Services; and (b) any unavailability cause by circumstances beyond Our control, including for example, a Force Majeure Event, or delay, or actions of third parties or any unavailability of any Third-Party Materials. “Third-Party Materials” means materials and information, in any form or medium, including any software, advertisements, documents, data, content, specifications, products, games, equipment or components that are used in conjunction with, or of or relating to the Services, or use thereof that are not owned or proprietary to Company. For the avoidance of doubt, Third-Party Materials include any games Company licenses or otherwise obtains from game developers, software components obtained or licensed separately by Us, and any accounts or other licenses We have, make or obtain in connection with any third-party for use in connection with the Services.
As the Sites may be accessed globally, if You choose to access the Website from locations other than the United States, You do so on Your own initiative and You are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to United States or the country in which You reside. Notwithstanding the foregoing, We make no representation that materials on the Website are appropriate or available for use in locations outside the United States, as applicable, and accessing them from territories where their contents or the collection of data are unlawful is prohibited.
The Website and the Services are
intended solely for Your personal, non-commercial use.
You shall not, and shall not permit any Users or any other person to access or use the Services except as expressly permitted by this Agreement. For clarity and without limiting the generality of the foregoing, You shall not, except as this Agreement expressly permits: (a) sell, distribute, lease, lend, market, license, sublicense, or otherwise grant to any person or entity any right to use the Services; (b) decompile, disassemble, reverse-engineer, modify, adapt, tamper with, translate, create derivative works, create or recreate the source code for any part of the Services, in whole or in part; (c) modify, remove, erase, obscure, tamper with or fail to preserve any copyright or product identification, trademark, trade name, proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on the Services or Company Materials, including any copy thereof; (d) bypass or breach any security device or protection used by the Services or Company Materials or access or use the Services or Company Materials other than by a User through the use of his or her own then valid access credentials; (e) input, upload, transmit or otherwise provide to or through the Services, Website, or any other Company systems any information or materials that are unlawful or injurious, or contain, transmit or activate any malicious, disruptive, or harmful code; (f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, Company’s systems or Company’s provision of services to any third party, in whole or in part; (g) access or use the Services or Company Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the Data of any other Company customer), or that violates any applicable law; (h) access or use the Services or Company Materials for purposes of competitive analysis of the Services or Company Materials, the development, provision or use of a competing software service or product or any other purpose that is to Our detriment or commercial disadvantage; or (i) otherwise access or use the Services or Company Materials beyond the scope of the authorization granted under this Agreement.
“Company Materials” means the any intellectual property, including but not limited to trade secret, patent, copyright, mask work and other intellectual property rights throughout the world, Company systems, Website, apps, content, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technology and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by Us in connection with the Services or otherwise comprise or relate to the Services. Company Materials include any data collected or derived from Company’s monitoring of Users’ access to or use of the Services.
This Agreement does not convey to You title or ownership of the Services or any Company Materials, but only a right of limited use in accordance with the express terms of this Agreement. No other rights, express or implied, are granted herein. We reserve all rights, title, and interest in and to the Services, Company Materials, including all related intellectual property rights and proprietary rights therein.
Customer shall pay Company the fees as set forth in the ordering process, which fees may be changed by Company with no notice. Fees may include a recurring subscription fee from VIP or other memberships. All fees are non-cancellable and non-refundable. Company reserves the right, in its sole and absolute discretion, to adjust its pricing for any of the Services or any components thereof in any manner and at any time. Such fee changes will take effect immediately.
Prices for the Products and Services can be found at: https://twobitcircus.centeredgeonline.com/areas
Cash and all major Credit/Debit Cards are all acceptable methods of payment. All goods remain the property of the Company until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or legal proceedings. In such circumstances, You shall be liable for any and all additional administrative and/or court costs
When You register for the Services, You will be asked to supply additional information, including payment information such as Your credit card number, the expiration date for Your credit card, Your billing address, or other relevant or necessary information to either verify Your identity or process Your payment. You represent and warrant that You have the legal right to use such payment methods which You provide Us. In order to complete a purchase/sale order, You authorize Us to share Your Payment Information to necessary third parties to process the transaction.
You are responsible for any overdraft fees or other charges made to Your selected method of payment. Please note that we currently use a payment processor, CenterEdge, to process Your payments and billing information, such that the credit card number You provide is provided directly to our payment processor and not Company. We may change our payment processor at any time in our sole and absolute discretion. You agree to review and be bound by the payment processor’s policies and procedures. If You fails to make any payment when due then, in addition to all other remedies that may be available, Company may, at its option, suspend or terminate Your subscription, if applicable, and access to the Services without incurring any obligation or liability to You or any other person by reason of such suspension or termination. You agree that we shall not be liable to You or to any third party for any modification, suspension, discontinuance or restriction of the Website, or of any Service, content, feature or product offered through the Website or any apps, if applicable. Company may charge a fee for reinstatement of a suspended or terminated account. Unless otherwise expressly stated, all fees are stated in United States dollars.
The Company does not offer refunds for any transaction once payment has been received unless We have cancelled Your transaction for any reason, upon which we shall refund any payment already received. Your sole remedy for unused Services purchase is to reschedule.
Code of Conduct
By registering as a User, You agree that You will conduct Yourself in an appropriate manner throughout the course of Your use of the Website or Our Services. You agree that You will not engage in activity or behavior related to the Products or Services that:
1. is untrue, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) harasses, abuses, harms or advocates or incites harassment, abuse or harm of another person or group, including representatives of the Company or other Users or (e) otherwise harms or can reasonably be expected to harm any person or entity;
2. constitutes excessive intoxication or consumption or distribution of alcoholic beverages when unlawful or otherwise forbidden
3. constitutes cigarette smoking indoors, which is strictly prohibited and is only allowed in designated smoking areas outside.
4. any use of Venue that results in nuisance, or unreasonable annoyance to other licensees, tenants, or the owners or occupants of adjacent properties, or obstruction of traffic (including, but not limited to, vehicular and pedestrian traffic), or the use of Venue for any unlawful, or immoral purpose, or in any manner that may injure persons or property in, on, or around Venue.
5. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including drug-related activity, harassment, theft, or conspiracy to commit any criminal activity;
6. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
7. restricts, discourages or inhibits any person from using the Products or Services or collects information about users;
8. gains unauthorized access to the Website or Premises, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Products or Services;
9. uses the Website or mobile app (if any) in any manner that could damage, disable, overburden or impair any Company server or connected network(s) or interfere with any other party’s use and enjoyment of the Website or mobile app;
10. access or use the Services or Products in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of Company or any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the proprietary data of any other User), or that violates any applicable law;
11. access or use the Website, mobile app, Products, or Services for purposes of competitive analysis of the same, the development, provision or use of a competing software service or product or any other purpose that is to the Company’s detriment or commercial disadvantage; and
Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.
Disclaimer; Limitation of Liability
Your use of the Entertainment Centers, Products, Services, or any information or materials on this Website is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this Website meet Your specific requirements. We expressly disclaims any duty to update or revise the content of the sites, although we may do so at any time, with or without notice.
Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that You consult or download.
We assume no responsibility, and shall not be liable, for any damages to, or any viruses affecting Your computer equipment or other property on account of Your access to or use of the Website. We are not responsible in any way for the content of any off-site pages or any other sites linked, directly or indirectly, to the Website.
The above exclusions and limitations apply only to the extent permitted by law.
You agree that Your sole remedy in the event of any problem with Your use of the Website or Services is to cease using the same.
You agree not to in any way, directly or indirectly, solicit, by-pass, compete, avoid, circumvent, or attempt to circumvent the Company relative to the purchase of Products and Services offered on the Website.
Neither the Company, nor vendors or services used by the Company in the provision of the Products and Services, if any, shall be liable due to causes beyond the control and without the fault or negligence of such party.Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the party failing to perform. Such party will inform You of any Force Majeure event as soon as practicable after its occurrence.
We welcome any comments, suggestions, or ideas that You may have. By providing Us such feedback, You grant Us permission to use or incorporate into Our services any suggestions, requests, recommendations, or other feedback (“Submissions”) that You provide Us. For any Submissions that You or any of Your agents, children for whom You are accepting the terms of this Agreement, or employees provides to Us all right, title, and interest in and to, and the right to pursue protection for, such Submissions, including any suggestions, recommendations, submissions, corrections, improvements, enhancements, and modifications to any of the Services, or relating to Company, or the Company Materials shall vest solely with Company, and You agree to assign and does hereby assign all such Improvements to Us without any additional consideration or contribution or acknowledgment, including without limitation the rights to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, modify, adapt, create adaptations or derivative works from and distribute Your Submission, publish Your name in connection with Your Submission in Our sole discretion, and the right to assign such rights to third parties, for any purpose on or in connection with the Website or business of the Company, throughout the universe in any medium and through any methods of distribution, transmission or display whether now known or hereafter devised.You also agree that Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; (3) to respond to any Submissions; or (4) to post or use any Submission You may provide. The Company has the right but not the obligation to monitor any Submissions and may edit or remove any Submissions at any time in its sole discretion. You hereby waive all moral rights in any such information or content.
We assume no responsibility and no liability for any Submissions posted by You or any third party. Although We may from time to time monitor or Submissions on the Website, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. IMAX intends to fully cooperate with any law enforcement authorities or court order requesting or directing IMAX to disclose the identity of anyone posting any such information or materials. We are not responsible for the accuracy of any information, feedback, or content made on the Website or mobile app (if any) by third parties.
Links To and From this Website
You may not create a link to any page of this Website without our prior written consent. You may not frame or enclose any Company trademark, logo or other proprietary information, including the images found on the Website, mobile app (if any), or associated with our services in any text, layout, or design of any Website without Our express written consent. We do not monitor or review the content of other party’s Websites which are linked to from this Website. A link from Our Website or mobile app (if any) to any third-party site, location, or source does not signify Our endorsement of the site or its contents. The Company is not responsible for the privacy practices or content of such third-party Websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of information to third parties with which You have come into contact via this Website.
You acknowledge that the Website, the content on the Website, and the Products and Services are protected by copyright, trademark, trade secret and other laws of the United States and other nations. Except as expressly authorized herein, You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Website, mobile app (if any), and any and all content produced or posted by Us in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying any of Our products, services or in any of Our content.
You may not access, tamper with, or otherwise interfere with the non-public areas of this Website, nor Our computers, nor Our computer systems. Nor may You attempt to bypass, deactivate, or impair in any way any safety or security measure implemented by Us or any of our third party affiliates. You may not attempt to collect from this Website or through using Our services any personally identifiable information from any other User without the User’s express permission. You may not violate any applicable law or regulation or assist or encourage anyone else to do any of the foregoing. You agree not to use the Website, the mobile app (if any), or any other of Our content for any unlawful purposes and to comply with any and all requests from Us to protect our respective rights. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Website or the mobile app (if any), including for any commercial purpose. You will not reverse engineer, disassemble, decompile, decrypt, concert the software to human perceivable form, create derivative works of, or otherwise exploit for any commercial purpose the Website or any of Our technology, including any software or Java applets associated with the Website or mobile app (if any). You may not use a third party’s account or registration to access the Website or mobile app (if any). You may not deep-link to the Website or use a robot, spider, web crawler, or extraction software, automated process, device, or similar methods to scrape, copy, datamine, or monitor or similarly glean or extract any portion of the Website or mobile app (if any) or any Company-owned content. We reserve the right to take any and all measures necessary to prevent any of these, including suspension, denial or termination of Your access to the Website, mobile app (if any), or our services.
Neither We nor our affiliates make any representation that this Website, mobile app, if any, or content appearing on this Website or mobile app is appropriate or available for use in locations outside the United States. Due to local, national or international restrictions, including technological or legal restrictions, not all of the Website or Services may be accessible from Your current location, and we assumes no responsibility, and shall not be liable, for any inability or restricted ability to access or use of the Website or Services. Those who choose to access this Website from other locations are responsible for compliance with any applicable local laws and other applicable laws or regulations regarding the transmission of technical data exported from the United States to the country in which You reside.
Although We value Your privacy and consequently take commercially reasonable steps to safeguard Your personal information, billing information, or other information from loss, misuse, and unauthorized access, no security system is invulnerable. We cannot guarantee that the information We receive from You will not be intercepted or otherwise improperly obtained by third parties. E-mail messages and other Internet communications are not secure. Our security software does not encrypt e-mail messages. E-mail messages traveling through the Internet are subject to viewing, alteration, and copying by potentially anyone on the Internet. You should exercise discretion with respect to the submission of any personal or financial information via e-mail or via other features on the website or Platform. If You are concerned about the security of Your communication, We encourage You to send Your correspondence through the postal service or use the telephone to speak directly to Us. We are not responsible for the security or confidentiality of communications You send to Us through the Internet using the website, the mobile app, or e-mail messages.
We may also collect information about You and Your usage of the website or mobile app from Your use of our services via automated data collection tools such as Cookies, Web Beacons, and other data collection tools specific to mobile devices. A Cookie is a message given to a Web browser by a Web server, in a text file. The message is then sent back to the server each time the browser requests a page from the server. Web Beacons are typically a transparent graphic image that is placed on a site to allow the site to record the simple actions of the user opening the page that contains the beacon. You can change Your Internet browser settings to disallow Cookies or to prompt You for Your permission before accepting Cookies. Refusing to allow Cookies may affect Your use of or the functionality of the website, mobile app or Platform. We may use the information We gather from You to facilitate the administration of our services, including user location via GPS, IP addresses or otherwise, as well as to understand how our services are currently being used and to improve, enhance, or customize the provision of our services. We may also aggregate non-personally identifiable information and share it with third parties or publish it. Automatic data collection may be performed on Our behalf by (or provided to) Our service providers.
Third-parties may host banners or pop-ups or hyperlinked advertising on the website. We do not control or monitor the content of third-party content. Through interacting with these and other features of the website, and depending on Your browser settings, information may be collected about You, or Cookies or other potentially malicious software may be placed on Your hard drive, for which We are not responsible. Your viewing history may also be tracked. You give permission to collect, archive, retrieve, and use any information collected for product design, product offers to You, and general commercial solicitation purposes by this website or by joint venture partners, affiliates, and marketing organizations. This site is not responsible should Your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause You harm. Although We may hire third-party vendors to provide specialized services such as customer support; email services; data processing; and special products or services that You have requested, these third-parties may only use this information in connection with these services and not for their own use. To the extent that You provide Your information in open forums, other users may also have access to Your information in a way that We do not monitor nor are responsible for.
If You provide Your credit card or other financial information, We will never disclose it to anyone except to the relevant financial transaction processors or law enforcement agencies. To the extent permitted by law, We may also disclose personal Information or other Information that We have collected about You when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever We believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of the Company or others. By providing that information, You expressly permit Us to use it in fraud investigation, for litigation, or for other lawful purposes.
As We develop Our business, We may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personal information, billing information, and other information collected by Us about You may be part of the transferred assets or licensed to third parties.
We operate the website and mobile app in compliance with the Children’s Online Privacy Protection Act. This website is not directed to children under the age of 13, nor do We permit registration by nor knowingly collect or use personally identifiable information from children under the age of 13 years.
You can review, correct, or change the information collected during registration by accessing Your profile on this website or by calling Our main office at the phone number listed on the Contact page of this website. You may change information at any time and as often as necessary. Users who are experiencing problems with Our services or who have questions about how Our services work can call Our main office or use the “contact us” page on this site to send Us an e-mail.
The Company is committed to make best commercial efforts to make the process of submitting any dispute or complaint easy for the user. We will have an email link, address and phone number from the to promptly reach management authority.
The parties agree that any dispute, claim, or controversy concerning this Agreement or the termination of this Agreement, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in Los Angeles County, California in accordance with the rules then in effect of the American Arbitration Association. There shall be a single arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties will pay the costs and expenses of such arbitration in such proportions as the arbitrator shall decide, and each party shall separately pay its own counsel fees and expenses. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial or class action in connection with any action or litigation in any way arising out of or related to this Agreement.
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by e-mail (provided e-mail shall not be sufficient for notices of termination or an indemnifiable claim).
634 Mateo Street
Los Angeles, CA 90021
You agree that Your use of Our services constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.
The information on this Website and the Services, including data, text, images, illustrations, designs, icons, photographs, video clips and other materials, and all registered and unregistered rights in such materials provided under intellectual property law or similar laws under any jurisdiction in the world, are owned, controlled or licensed by Us or our third party licensors and are the copyrighted work of the Company and its third party licensors and are protected under United States and worldwide copyright laws and treaty provisions. Except as noted above, You may not reproduce, communicate to the public by telecommunication, publish, transmit, distribute, display, modify, create derivative works from, sell, rent or exploit in any way any of the Contents or the Sites. Without limiting the generality of the foregoing, in particular, You may not distribute, modify, transmit, reuse, repost, or use the contents of the Website or Services for any public or commercial purposes whatsoever, including their text, images, audio, and video, without Our express written permission. Additionally, the contents of the Website and Services may not be modified or altered, merged with other data or published in any form, in whole or in part, including by “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate the contents on the pages produced by, or displayed on, the Sites.