Close Window

Additional Terms & Conditions


 

ADDRESS:

This site is expressly owned and operated by Cinema Builder.  The address for Cinema Builder is 2207 Aryness Drive, Vienna VA 22181.  You can email us at info@cinemabuilder.com

INACCURACIES:

We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on CinemaBuilder.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and Cinema Builder makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.

In the event a Cinema Builder product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Cinema Builder shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Cinema Builder shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cinema Builder shall issue a credit to your credit card account in the amount of the incorrect price.

SITE CONTENT:

Unless otherwise noted, all content featured on CinemaBuilder.com including URL.s, navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Cinema Builder. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Cinema Builder. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on the Site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any Site materials via email, no right, title, or interest in those materials will be transferred to you.

COLORS:

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. However, in some cases, we can send fabric samples, so please contact us.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless Cinema Builder, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Cinema Builder violates any intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

DISCLAIMER:

Given the unpredictability of technology and the online environment, Cinema Builder does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of, this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED .AS IS. AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CINEMA BUILDER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

 

LIMITATION OF LIABILITY:

NEITHER CINEMA BUILDER NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

EXCLUSIVE REMEDY:

THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CINEMA BUILDER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100.

 

TERMINATION:

We reserve the right to immediately terminate this agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Cinema Builder shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Site shall immediately cease.

 

MISCELLANEOUS:

This Agreement is governed by and construed in accordance with the laws of the State of Virginia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Loudoun, VA, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Companys prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

NOTICE:

Cinema Builder prices, specifications and policies are subject to change at any time. Cinema Builder reserves the right to refuse to deal with any person for any reason. We are not responsible for data entry errors on our web-site.

 


Close Window