TERMS OF SERVICE
LAST UPDATED: 19 December 2020
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the pop-upcinema.com website (the “Service”) operated by Mobile Cinema Management (Pty) Ltd trading as Pop-Up Cinema (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Pop-Up Cinema is trading under Mobile Cinema Management (Pty) Ltd and all references to Pop-Up Cinema herein refer to that entity and the website https://pop-upcinema.com
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by Pop-Up Cinema.
Pop-Up Cinema has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Pop-Up Cinema 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 content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Pop-Up Cinema has taken all reasonable measures to ensure the accuracy of the information and links for the listings within this website. We invite you to bring to our attention any information you believe to be inaccurate. Please respond to contactus@Pop-UpCinema.com along with an explanation of your objection.
CHANGES TO THE TERMS
We may modify the Terms from time to time. By continuing to use this service following such changes, you agree to be bound by this agreement, as modified. Pop-Up Cinema may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time. Pop-Up Cinema makes no claims, guarantees or warranties in regard to accuracy or completeness of the information and cannot accept responsibility for any errors or omissions or any liability resulting from the use or misuse of any such information. The provider reserves the right to refuse any material not in keeping with the professional standards of Pop-Up Cinema. Further, there is no claim made to the legality or decency of material contained within linked sites, and all links are to be accessed at the user’s own risk. Pop-Up Cinema, at its sole discretion, may choose to change the terms, conditions, and operation of this website at any time.
The profiles that appear on Pop-Up Cinema are for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you’ve read about on Pop-Up Cinema, you should confirm with the vendor any information, including the price that is important to your purchasing decision. Pop-Up Cinema is not responsible for and does not guarantee the performance of, any such goods or services.
USING THE SERVICE
- Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Pop-Up Cinema or if we have previously banned you from the Service or closed your Account.
- Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
- Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason. You may not create or use your Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person without Pop-Up Cinema’s prior approval.
- Communications from Pop-Up Cinema and Others. By accessing or using the Service, you consent to receive communications from other users and Pop-Up Cinema through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Pop-Up Cinema or businesses listed on Pop-Up Cinema, and may be initiated by Pop-Up Cinema, businesses listed on Pop-Up Cinema, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Pop-Up Cinema or made through the Service may be monitored and recorded for quality purposes. You will be provided with opt-out options.
POP-UP CINEMA PACKAGES
There are a number of packages from which any Pop-Up Cinema business can choose – details for each can be found at https://pop-upcinema.com/packages.
HOW IT WORKS
Pop-Up Cinema offers a simple way to connect with potential customers and users, allowing listing owners to take a step back from doing all the marketing your Pop-Up Cinema business so listing owners can focus on their service or products. It’s simple and easy to use, offering a way to generate revenue without the headaches.
3 EASY STEPS TO GET STARTED
- Create an account, then
- select a listing package and make an easy payment if required (via PayPal, credit or debit card) and finally
- simply submit your Listing.
All Listings are reviewed and are subject to approval by Pop-Up Cinema once placed. Pop-Up Cinema reserves the right to reject and remove any company, individual, description, graphic, or URL. Pop-Up Cinema reserves the right to revise its rates at any time. Violation of any part of this agreement may result in the termination of Accounts and Listing privileges and the forfeiture of any and all payments made to Pop-Up Cinema.
REFUND POLICY AND TERMINATION
There is no refund policy for any of the packages.
- You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Pop-Up Cinema with a written notice of termination.
- We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
POP-UP CINEMA RENTAL REQUESTS
Pop-Up Cinema is developing a feature where users can submit rental enquiries and these queries will be visible to some listing owners to respond to. Pop-Up Cinema reserves the right to monitor all requests submitted to the Pop-Up Cinema Rental Request Engine. Requests determined inappropriate, at the sole discretion of Pop-Up Cinema, will be deleted from the system. Pop-Up Cinema monitors requests to qualify the best possible leads for Pop-Up Cinema vendors and to ensure the best possible responses for the buyer rental enquiries. Pop-Up Cinema members may only reply to rental enquiries within their city of operation and in regards to their specific requests submitted in the Pop-Up Cinema Rental Request Engine. Pop-Up Cinema reserves the right to cancel the User Account of any User deemed to be misusing the service, at the sole discretion of Pop-Up Cinema. When this feature is launched, further information and terms will be provided.
- Responsibility for Your Content. You alone are responsible for Your Content, and once posted on Pop-UpCinema.com, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Pop-Up Cinema. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation, or violates these Terms.
- Attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Ownership. As between you and Pop-Up Cinema, you own Your Content. We own the Pop-Up Cinema Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Pop-Up Cinema Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Pop-Up Cinema Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Pop-Up Cinema Content are retained by us.
- Advertising. Pop-Up Cinema and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- Other. User Content (including any that may have been created by users employed or contracted by Pop-Up Cinema) does not necessarily reflect the opinion of Pop-Up Cinema. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Pop-Up Cinema does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.
This site is created, maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use this site.
The service is provided without warranties of any kind, whether expressed, implied or statutory including but not limited to, any implied warranty of merchantability, fitness of the service for a particular purpose and non-infringement of any third party rights. Pop-Up Cinema makes no warranty of any kind, expressed or implied, regarding the quality, accuracy, or validity of the data and/or information sent or accessed through its site or that the service will be error-free.
LIMITATION OF LIABILITY
Under no circumstance shall Pop-Up Cinema and its subsidiaries, directors, employees or affiliates be liable for any indirect, incidental, special, punitive or consequential damages (including, without limitation, lost profits) whether or not foreseeable, that result in any way from a user/customer’s use of or inability to use the service or the equipment obtained through the service, or user/customer’s reliance on information provided, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, even if Pop-Up Cinema has been advised of the possibility of such damages. In any case, Pop-Up Cinema’s entire liability under or existing out of this agreement is limited to the sum total of payments made by the user/customer to Pop-Up Cinema during the six months immediately preceding the event for which damages are claimed. No action or proceeding against Pop-Up Cinema may be commenced more than one (1) year after the service giving rise to the claim is rendered.
User agrees to indemnify, defend and hold Pop-Up Cinema and its subsidiaries, directors, employees and affiliates harmless from any claims, losses or damages, including attorney’s fees, relating to any violation of this agreement by user/customer or placement of or transmission of any message, information, software or other materials on the internet by user or user authorized by user to do so. This indemnification shall survive the termination of the agreement.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive and cause to be waived, against Pop-Up Cinema and its users any claims and assertions of any moral rights contained in such Feedback.
If you have any questions or concerns about anything contained in this document, please email us at email@example.com.