The Draughtsman's Contract

REGISTERED USER AGREEMENT – CURZON CINEMAS


ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.curzoncinemas.com (“Site”) OR ANY INFORMATION CONTAINED WITHIN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").

1. Contracting parties. When you register with the Site and open a MyCurzon account, you are contracting with Curzon Cinemas Limited, a company registered in England and Wales with company number 283280 and having its registered office at 20-22 Stukeley Street, London WC2B 5LR. Curzon Cinemas Limited is referred to in these terms and conditions as "we", "us", "our" or “Curzon”. You must be at least 18 years old to register with the Site.

2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please contact us immediately via the Contact Us section of the website and we will close your account as quickly as possible. You will be responsible to Curzon and to others for all activity that occurs under your registration account.

3. Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Curzon, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK, Irish or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

4. Your Personal Information. If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.

5. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to info@curzoncinemas.com.

6. The Curzon Store. Using the Site’s Curzon Store, you may use your “MyCurzon” account to purchase some or all of the following (individually and collectively defined as Products): (A) streaming services designed to enable you to watch films online; (B) downloadable materials; and/or (C) physical DVDs, Blu-Rays and other merchandise. Please note that we may withdraw Products from the Site at any time, sometimes at short notice.

7. Film On Demand. Our Film on Demand service allows you to view online films for which you have purchased an online “ticket” via the Curzon Store. Films are streamed through our custom player to any of your approved devices in high image and sound quality. A guide to the relevant film(s) is also provided. You will have seven (7) days to watch your selected film(s), before the purchased ticket expires. Please note that we may suspend or withdraw any specific film(s) without notice at any time and for any reason. If we suspend or withdraw a film for which you have already purchased a ticket and which you are unable to view as a result of such suspension or withdrawal then we will seek to issue an appropriate refund.

8. Usage Rules. You agree to view any purchased Film On Demand only for your own personal and non-commercial use and not to attempt to store or copy the film or any included content in any way. Following purchase of an online ticket, the selected film(s) may be streamed to only one approved device at a time.

9. Age Restrictions. If you choose to permit anyone under the age of 18 to use your approved device and to view Content, you are solely responsible for determining whether that Content is age appropriate. We provide guidance indicating appropriate age restrictions for Content by enforcement of such restrictions is your responsibility.

10. Prices and Payment. Prices (and any delivery costs) are as set out on the relevant pages of the Site. Prices are subject to change at any time. The credit and/or debit cards which we can accept for payment are as set out at the point of payment on the Site. We may change the prices for Products at any time by posting new prices on the Site. All prices are inclusive of VAT unless otherwise stated. You are responsible for payment of VAT and, if you are based outside the UK, any other applicable import duties and taxes that are levied once the Products reach your country.

11. Credit Cards. We do not store your credit card details on the Site after your order has been processed. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. Please note that the streaming of Films on Demand, film trailers and other filmed entertainment may be subject to data charges imposed by your internet or mobile phone provider. You are responsible for payment of such charges.

12. Acceptance. Your order represents an offer to us which is accepted by us only when we confirm payment from you in respect of such Product. We reserve the right to reject your order for any reason prior to acceptance.

13. Right of Cancellation. With the exception of the Film on Demand Products, you have the right to cancel your purchase of Product(s) from the Site and receive a full refund if you retain such Product(s) unopened and undamaged in the original sealed packaging, and notify us at the customer service email address below within seven (7) working days. In the event of cancellation, you must return the Product(s) to us unopened and undamaged within seven (7) working days of our receiving your valid cancellation notice. The date upon which the package is post-marked will determine whether you have returned the Product(s) within this time period and we will not be responsible for the costs of such return. Failure to comply with the return obligations under this clause will result in a deduction by us of the direct cost of recovering the unreturned Product(s). All refunds will be processed at our sole discretion according to the condition of the returned Product(s). We will not be liable to you for failures, defects or delays in delivery caused by: (a) your provision of incorrect information; (b) your mailbox being full and unable to receive messages; (c) your failure to comply with instructions for use of the Service; and/or (d) an event which is outside of our reasonable control.

14. Delivery. We will endeavour to process your order as soon as possible following receipt of payment from you. If there is going to be an undue delay, we will endeavour to notify you by email of the estimated delivery dates. We are not responsible for non-delivery if you have entered your address incorrectly or if you have used foreign alphabet or non-English characters.

15. Technical Problems and Defective Products. Occasionally, technical problems may delay or prevent delivery of a purchased Product, in which case your sole remedy will be either a replacement Product or a refund, as determined by us in our sole discretion. Your statutory rights are not affected.

16. Liability. You agree that the liability of Curzon to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to Curzon for its products or services; and (2) one hundred pounds (£100). Except as set out herein, Curzon shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Curzon.

17. Indemnity. You agree to indemnify Curzon for any loss or damage that may be incurred by Curzon, including without limitation legal fees, arising from any breach by you of any warranty herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Curzon for all loss or damage incurred by Curzon in relation to any third party claim against Curzon for infringement of intellectual property rights arising in relation to your provision of materials to the Site.

18. Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, “Curzon" and “Artificial Eye”) are the trade marks or trade names of Curzon or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Curzon.

19. Termination of this Agreement. You may close your registration account at any time in accordance with the account closing procedures set out on the Site. Curzon may at any time terminate or suspend this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.

20. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Curzon. Curzon will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Curzon or any other parties through your use of the Site or services provided via the Site. Curzon reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

21. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.

22. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

23. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

24. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

25. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

26. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

27. Contacting Us. For enquires regarding Products, please contact us using the form on the Contact Us page.