Terms & Conditions - VIVA Cinemas

General Terms & Conditions

VIVA Cinema Limited primary goal is to ensure that we provide you with the very best in premium cinema experience. Any details you post to our site is primarily to ensure we deliver on this goal and to serve you better.

The more we get to know about you the more we are able to enhance and provide you with a premium movie experience.

TERMS AND CONDITIONS OF USE

Please read these terms of use carefully. By using this website you agree to the following terms and conditions:

You acknowledge and understand that by accessing and using this Site and/or any of the Services offered on this Site including the purchasing of any ticket, you agree to and are bound by these terms and conditions of use.

These terms and conditions of use constitute a binding agreement between VIVA Cinema Limited and you, the user.

Your use of this Site and any of the services offered on this Site, including without limitation our ticketing services, will be subject to the most current version of these terms of use posted on the Site at the time of such use.

VIVA Cinemas may at any time revise these Web Site Terms and Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms and Conditions to which you are bound.

You agree to use this Site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet and the services provided to you on this Site. In particular, you agree to use this Site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this Site by any third party.

RESTRICTIONS ON USE OF CONTENT

The unauthorized copying, displaying or other use of any content from this site is a violation of the law.
You acknowledge having been advised by VIVA Cinemas that the Content is protected in the Federal Republic of Nigeria and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights").
In addition to VIVA Cinemas Rights in individual elements of the Content, VIVA Cinemas or its licensors own a copyright in the selection, coordination and arrangement of the Content.

You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Website Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without prior express written consent of VIVA Cinemas. By posting content on the Site, you are giving VIVA Cinemas the right to display such content on the Service and to use such content for promotional and marketing purposes.

TRADEMARKS AND SERVICE MARKS

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, VIVA Cinemas is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of VIVA Cinemas or any third party’s intellectual property rights.

PRIVACY AND SECURITY

All personal information obtained by VIVA Cinemas through the use of this website is protected as set out in our privacy policy.

LOGIN

To register with us you may be required to choose a user name and a password. You are responsible for keeping your username and password secret and may be asked to provide a password recovery question. You are also responsible for the safekeeping and proper use of these security data. You may be required to enter your username and password every time you want to use the services on our Site. VIVA Cinemas will not be held liable for any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as user names, passwords and access codes) secure or from you permitting anyone else to use your account with us and you indemnify VIVA Cinemas and hold us harmless in this regard. You accept that you will be personally liable for all transactions concluded on your account.

LINKS

No person, business or web site may link to any page on this site without the prior written permission of VIVA Cinemas.
This Site a may provide links to other third-party World Wide Web sites or resources. VIVA Cinemas makes no representations whatsoever about any other web site which you may access through this Site. Because VIVA Cinemas has no control over such sites and resources, you acknowledge and agree that VIVA Cinemas is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. VIVA Cinemas makes no representation or warranty as to any third party Content, products or services, and you agree that VIVA Cinemas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

PARTICIPATION IN PROMOTIONS, COMPETITIONS AND OTHER SITE ACTIVITIES

If you choose to participate in a promotion, competition or other VIVA Cinemas sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity and to the following:

The judges' decision is final and no correspondence will be entered into.
VIVA Cinemas nor sponsors of any competition listed on this page, and/or any of their affiliated companies and/or agencies, will not enter any of the competitions which is hosted partly or in whole by VIVA Cinemas on the website.
Prizes are not transferable and/or negotiable and also valid while stocks/offers lasts.
Subject to sponsor conditions/other agreements, VIVA Cinemas undertakes to deliver prizes to respective winners only where such winners are located/resident within its various locations in Nigeria.
Prizes not collected/claimed within 30 days of being won will be disposed of at the discretion of VIVA Cinemas.
Winners of specific competitions accept that certain other conditions may apply as prescribed by VIVA Cinemas and/or the respective sponsor of the specific competition.
Any violation or attempt to violate any of the above rules will result in the immediate disqualification of the transgressor.
By participating in any competition hosted partly or in whole by VIVA Cinemas, participants further agree to be bound by our Terms and Privacy Policy.
SMS entries to any of VIVA Cinemas SMS Competitions may come at a charge and Free SMS to VIVA Cinemas may not apply

TRANSMITTED MATERIAL

Internet Transmissions are never completely private or secure. You understand that any message or information you send to the site may be intercepted by others, unless such message or information is encrypted.

DISCLAIMER OF WARRANTY

VIVA Cinemas does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other web sites linked to or from the site.
Although VIVA Cinemas intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Site, it does not guarantee or warrant that this Site or materials that may be downloaded from this Service do not contain such destructive features. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this site.
The content of the site is provided "as is" and on an "as available" basis, without warranties of any kind either expressed or implied. The site has not been compiled or supplied to meet the user's individual requirements and it is your sole responsibility to satisfy yourself prior to entering into any agreement with VIVA Cinemas that the service available from this website will meet your needs and requirements.
To the fullest extent possible pursuant to applicable law, VIVA Cinemas disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. No advice or information, whether oral or written, obtained by you from VIVA Cinemas shall be deemed to alter this disclaimer of warranty, or to create any warranty.

LIMITATION OF LIABILITY

VIVA Cinemas will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental or consequential damages even if VIVA Cinemas has been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold harmless VIVA Cinemas, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement.

ADDRESS FOR SERVICE

The address for service for all purposes relating to these terms of use including the giving of any notice, the serving of any process, is VIVA Cinemas Limited, The Palms Shopping Mall, BIS Way, Victoria-Island, Lagos.

GENERAL

VIVA Cinemas may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that VIVA Cinemas shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.
These terms shall be governed by and construed in accordance with the laws of the Republic of Nigeria.
You hereby consent to exclusive jurisdiction of the Nigerian Legal System in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
These Terms and Conditions of use together with the applicable terms of the conditions of sale constitute the entire agreement between you and VIVA Cinemas and supersede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter hereof.

VIVA Cinemas failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

VIVA Cinemas will have the right to cede, delegate, transfer and/or assign its rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and/or transfer.

VIVA Cinemas will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.

FULL ELECTRONIC COMMUNICATIONS DISCLAIMER

Every effort is made to provide accurate and complete information. However, given the substantial amounts of information for our communications at the time of dissemination, often uploaded within short deadlines, we cannot guarantee that there will be no errors. We therefore accept no responsibility for any loss or damage which may arise from reliance on information contained in any communication sent. Neither VIVA Cinemas, nor its employees and contractors make any warranty with respect to the accuracy of any information expressed or implied in any communication. The information in this communication (which includes any files transmitted with it) is confidential and may be legally privileged.

It is intended solely for the addressee. Access to this communication by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients any opinions or advice contained in this communication are subject to the terms and conditions expressed in any governing client engagement letter.

The contents of an attachment to this communication may contain software viruses which could damage your own computer system. While VIVA Cinemas has taken every reasonable precaution to minimize this risk, we cannot accept liability for any damage which you sustain as a result of software viruses. You should carry out your own virus checks before opening the attachment. Copyright in this email and any document created by us will be and remain vested in us and will not be transferred to you. We assert the right to be identified as the author of and to object to any misuses of the contents of this communication or such documents.

UNSUBSCRIBE

VIVA Cinemas will endeavor to keep you entertained and ensuring you are kept informed as much as possible. However, should you not wish to receive any of our communications, you can unsubscribe.