YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. CLICKING THE "I ACCEPT" BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE "I DECLINE" BUTTON BELOW.
1. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE FILMSNTICKETS SITE. BY ACCESSING THE FILMSNTICKETS SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN YOU MAY NOT ACCESS THE FILMSNTICKETS SITE (AS APPLICABLE).
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at (www.FilmsNTickets.com). The Terms are subject to change at any time, effective upon posting on the Site, and your use of the Services after such posting will constitute acceptance by you of any and all such changes.
Our services are available only to individuals who can form legally binding contracts under applicable law. The user who is entitled to maintain a membership account should be an adult over the age of 18 years as contemplated under the Indian Contract Act. However the user may make a booking for movies that are not bared for viewer ship by the censor board for minors provided they are either accompanied by the user of the account or carries an valid authorization letter from the user.
Do not display your credit/debit card numbers to any one other than those authorised by FilmsNTickets to collect the same from you. It is suggested that the User must refrain from sharing their email, user ids and passwords on public forums. Your FilmsNTickets user id and password must not be shared with anyone under any circumstances.
5. ACCEPTANCE OF USERS
FilmsNTickets reserves the right to accept / reject any application / form. FilmsNTickets may delete / de-activate without giving any reason(s).
6. MEMBER ACCOUNT
As a condition to using some or all of the FilmsNTickets Services, you are required to register using your e-mail address and/or mobile phone number ("FilmsNTickets Member ID") and log in with your selected password. You shall provide FilmsNTickets with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your FilmsNTickets account. You may not
7. INFORMATION PROVIDED BY USERS
Users are responsible for providing accurate, timely and complete information to us in connection with their registration for and use of the Site. FilmsNTickets is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us. "Your Information" is defined as any information you provide to us or other users, through the Site. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Your Information (or any items or contents listed therein):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance,or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography or, if otherwise adult in nature and harmful to minors;
(g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8. ACCOUNT INFORMATION
In consideration of your use of on line information resources, online fora, ticketing services, products, web directory(ies), index(es), general materials and data, including, but not limited to, search services, suggestions and other content (including third party information, products, materials and content) (collectively, all the services provided to you the User, from time to time whether online or offline referred to as the "Services"), you represent that you are a holder of credit card/debit card or such facilities provided by banks and undertake and agree to:
(i) provide true, accurate, current and complete information about yourself as prompted by the FILMSNTICKETS Website's registration form (such information being the "Registration Data") and
(ii) maintain and promptly update the Registration Data to keep it true, accurate,current and complete. If you provide any information that is untrue, inaccurate,not current or incomplete, or FilmsNTicketscinemas.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FilmsNTicketscinemas.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof)." You hereby agree to be the sole, authorized User of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or FilmsNTickets for accessing the Site, and are fully responsible for all activities that occur under your password or account. You agree to immediately bring to the notice of FilmsNTickets of any unauthorized use of your password or account or any other breach of security. Should you authorize any third party to use your account, you hereby agree to supervise all usage thereof. FilmsNTickets has no control over the use of your account and expressly disclaims any liability derived therefrom.
9. MEMBER ACCOUNT PASSWORD AND SAFETY
You will receive a password and account designation upon completing the registration process, and you agree that with respect to your account and password that you are responsible for maintaining the confidentiality of your password and account are fully responsible for all activities that occur under your password or account. You will immediately notify FILMSNTICKETS Website of any unauthorized use of your password or account or any other breach of security; and shall be fully liable for all use of your account, including any unauthorized use of your account by any third party including the content of your transmissions through the FILMSNTICKETS Website. You also agree that you are entirely responsible for any and all activities that occur under your account. You will ensure that you diligently exit from your account at the end of each session. FILMSNTICKETS will not be liable for any loss or damage arising from any misuse of your password by any person due to any reason whatsoever. You understand and acknowledge that FILMSNTICKETS cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Access and use of password protected and/or secure areas of the FILMSNTICKETS Website is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the FILMSNTICKETS Website shall be liable to criminal action and/or such other action as per applicable laws.
FILMSNTICKETS is not responsible for screening, policing, editing, or monitoring the content posted by Users of communications services, message boards, newsgroups, movie forums, or other interactive services that may be available on or through the FILMSNTICKETS Website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, the FILMSNTICKETS Website may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Notwithstanding the foregoing, FILMSNTICKETS does not assure prompt editing or removal of questionable Content after online posting. Accordingly, you understand and acknowledge that FILMSNTICKETS shall not be liable for any action or inaction with respect to conduct, communication, or Content on the FILMSNTICKETS Website.
10. FEES AND PAYMENTS
FilmsNTickets reserves the right at any time to charge fees for access or use of our services. If at any time FilmsNTickets requires a fee for access or the use of all or portions of FilmsNTickets , we will require you to register and create an account. In no event will you be charged for access or use to all or portions of FilmsNTickets unless FilmsNTickets obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through FilmsNTickets or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of FilmsNTickets through your account, and the purchase of any other products or services. Certain portions or services of FilmsNTickets may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from FilmsNTickets if a Prepaid Fee is required unless FilmsNTickets receives, in advance, all fees and charges payable by you, including the Prepaid Fee.
11. ADVERTISING ACKNOWLEDGEMENT
You acknowledge and agree that FilmsNTickets may include advertisements on the FilmsNTickets Site and within the FilmsNTickets end user experience. These advertisements may include banner ads and promotions on FilmsNTickets Site, as well as sponsor logos, interstitial ads and interactive ads within the FilmsNTickets as determined at FilmsNTickets’s sole discretion. You acknowledge that you shall not claim any right in such advertisements and shall also not attempt to in any manner infringe the intellectual property rights of such advertisements.
14. NON COMMERCIAL USE BY MEMBERS
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of FilmsnTickets.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by FilmsnTickets.com for any illegal or unauthorized use of the Website.
15. INAPPROPRIATE USE OF SITE
You agree not to use the Site for the following purposes:
In the event of any user or others indulging in any of the above mentioned acts, this will result in the immediate termination of the user’s account. FilmsNTickets further reserves the right to take all necessary action against such parties including but not restricting to termination of account and use of the information provided by the user.
16. SUSPENSION/TERMINATION OF USE
FilmsNTickets retains the right to suspend or terminate privileges to any User not adhering to policies of the Site and where, in its sole discretion, it would be in the best interest of FilmsNTickets and other Users that use be suspended or terminated.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that FilmsNTickets does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the site and Content available through the Service may contain links to other websites, which are completely independent of FilmsNTickets. FilmsNTickets makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FilmsNTickets be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that FilmsNTickets does not pre-screen or approve Content, but that FilmsNTickets shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
18. ENTERTAINMENT CONTENT
We distribute movie, and other entertainment tickets and we have the sole discretion to display and promote the entertainment or other information on our Website to you in any manner we choose. In addition, the FilmsNTickets Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the FilmsNTickets Website are those of the respective authors or producers and not of FilmsNTickets., or its shareholders, directors, officers, or employees. Under no circumstances shall FilmsNTickets, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the FilmsNTickets Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the FilmsNTickets Website.
19. THIRD PARTY CONTENT, SITES, AND SERVICES
The FilmsNTickets and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FilmsNTickets, including web sites, directories, servers, networks, systems, information and databases, applications, software programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that FilmsNTickets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FilmsNTickets is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FilmsNTickets, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
20. USER'S GRANT OF LICENSE
21. REPRESENTATIONS AND WARRANTIES OF USER
22. NO ENDORSEMENT OF USER CONTENT
You acknowledge and agree that FilmsNTickets does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that FilmsNTickets does not pre-screen or unilaterally monitor any User Content, but that FilmsNTickets and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content.
23. TERMINATION OF ANY PROGRAM OR PROMOTION
FilmsNTickets may terminate any program or any other promotion at any time, by posting the termination on the website OR by sending an e-mail to your e-mail provided while registering for the service. It is your responsibility to inform the company if your e-mail address changes.
24. INTELLECTUAL PROPERTY RIGHTS
ALL TEXT, GRAPHICS, EDITORIAL CONTENT, DATA, FORMATTING, GRAPHS, DESIGNS, HTML, LOOK AND FEEL, PHOTOGRAPHS, MUSIC, SOUNDS, IMAGES, SOFTWARE, VIDEOS, DESIGNS, TYPEFACES AND OTHER CONTENT (COLLECTIVELY "PROPRIETARY MATERIAL") THAT USERS SEE OR READ ON THE SITE IS OWNED BY FILMSNTICKETS OR IS USED WITH PERMISSION. ALL COPYRIGHT RIGHTS REST WITH FILMSNTICKETS. NO PART OF THIS WEBSITE MAY BE REPRODUCED IN ANY FORM OR MANNER WITHOUT THE EXPRESS PERMISSION OF FILMSNTICKETS. THIS PROPRIETARY MATERIAL IS PROTECTED IN ALL FORMS, MEDIA AND TECHNOLOGIES NOW KNOWN OR HEREINAFTER DEVELOPED. FILMSNTICKETS OWNS ALL PROPRIETARY MATERIAL AS WELL AS THE COORDINATION, SELECTION, ARRANGEMENT AND ENHANCEMENT OF SUCH PROPRIETARY MATERIALS. USERS MAY NOT COPY, DOWNLOAD, USE REDESIGN, RECONFIGURE, OR RETRANSMIT ANYTHING FROM THE FILMSNTICKETS SITE WITHOUT FILMSNTICKETS'S PRIOR EXPRESS WRITTEN PERMISSION. ANY USE OF SUCH PROPRIETARY MATERIAL, OTHER THAN AS PERMITTED THEREIN, IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR PERMISSION OF FILMSNTICKETS AND/OR THE RELEVANT RIGHT HOLDER.
b. TRADEMARKS AND SERVICEMARKS
WORDS, PHRASES, ADS AND GRAPHICS, WHETHER FOLLOWED BY "TM" OR NOT, ARE THE TRADEMARKS AND SERVICEMARKS OF FILMSNTICKETS, OR ARE THE TRADEMARKS AND SERVICEMARKS OF THEIR RESPECTIVE OWNERS, WHERE INDICATED. ENTIRE WEBSITE, INCLUDING SOURCE CODE AND CONTENT, COPYRIGHT 1997-2005. ALL RIGHTS RESERVED. ANY PERCEIVED SLIGHT OF A SPECIFIC PERSON OR ORGANIZATION IS UNINTENTIONAL. WHEREVER THE NEUTER IS NOT USED ON THIS SITE, ANY ONE GENDER WAS CHOSEN FOR SIMPLICITY'S SAKE. NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, INCLUDING MECHANICAL, ELECTRONIC OR OTHERWISE, SUCH AS BUT NOT LIMITED TO PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY EMAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF FILMSNTICKETS. THIS, OF COURSE, EXCLUDES THE DOWNLOADING AND TEMPORARY CACHING OF THIS WEBSITE ON A PERSONAL COMPUTER FOR THE EXPLICIT PURPOSE OF VIEWING THIS WEB SITE AS WELL AS WHERE OTHERWISE CLEARLY INDICATED.
ALL CONTENT AND THE SERVICES INCLUDED AT OR AVAILABLE THROUGH THE FILMSNTICKETS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. THE CONTENT AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FILMSNTICKETS, DOES NOT WARRANT THAT THE CONTENT OR ANY SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE FILMSNTICKETS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
THE USER AGREES THAT HE / SHE MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. FILMSNTICKETS SHALL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY THE USER OR OTHERS BASED UPON RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SERVICE. WE TAKE COGNIZANCE OF THE FACT THAT THE USER IS ACTING IN HIS OR HER OWN BEST INTEREST AND TRANSACTING AT HIS OR HER OWN RISK. PRIOR TO THE EXECUTION OF ANY TRANSACTIONS THE USER SHOULD MAKE HIMSELF / HERSELF AWARE OF ALL THE TERMS AND CONDITIONS GOVERNING THE TRANSACTION. YOU HEREBY REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT FILMSNTICKETS DOES NOT WARRANT OR HAVE CONTROL OVER THE INTEGRITY, RESPONSIBILITY, CRIMINAL/PERSONAL HISTORY OR ANY OTHER ASPECT RELATING TO THE USERS. YOU HEREBY EXPRESSLY AGREE NOT TO HOLD FILMSNTICKETS ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, SPONSORS OR ADVERTISERS (COLLECTIVELY REFERRED TO THROUGHOUT THE REMAINDER OF THIS AGREEMENT AS FILMSNTICKETS LIABLE FOR ANY ACTS OR OMISSIONS OF YOURSELF OR THE OTHER USERS.
B. THE SITE:
WHILE FILMSNTICKETS TAKES ALL STEPS TO ENSURE THE ONGOING TECHNICAL INTEGRITY OF THE SITE, FILMSNTICKETS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AT ALL TIMES. FILMSNTICKETS DOES NOT WARRANT THAT THE SITE WILL ALWAYS BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. FILMSNTICKETS SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. FILMSNTICKETS DOES NOT MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SITE. IN THE UNLIKELY EVENT THAT ANY INFORMATION ON THIS WEBSITE IS INCORRECT DUE TO TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, FILMSNTICKETS AND ITS EMPLOYEES CANNOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF ERRONEOUS INFORMATION FOUND ON THE SITE. ALTHOUGH FILMSNTICKETS TAKES REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS NOT ACCESSIBLE OR DISCLOSED TO ANYONE OTHER THAN THOSE INDIVIDUALS SPECIFIED BY USERS, FILMSNTICKETS CANNOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD FILMSNTICKETS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. WE RESERVE THE RIGHT TO PROVIDE TICKETS IN OUR SOLE AND ABSOLUTE DISCRETION. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT. THE SITE IS PROVIDED "AS-IS" AND FILMSNTICKETS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
C. OTHER SITES
26. NOTIFICATION OF CLAIMS OF INFRINGEMENT:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, or in the event of any dispute regarding the TOU please notify FILMSNTICKETS’ agent ("Agent"), at (please provide the address of the agent or the link)
27. LIMITATION OF LIABILITY
All transactions on the FILMSNTICKETS Website, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of FILMSNTICKETS or its representatives, in which event the User agrees that the User shall only be entitled to a refund of the amount actually paid by the User and actually received by FILMSNTICKETS with respect to the purchase of tickets/ updates of member accounts/ purchase of virtual cards / gift voucher amounts / whether through the use of virtual card, credit card charge, card debit card, smart card or cash, which amount shall constitute liquidated damages. FILMSNTICKETS or its Representatives shall not be liable for refund of any amount paid for purchasing tickets on line or availing any other Services on the FILMSNTICKETS Website, save and except in the event of proven gross negligence on the part of FILMSNTICKETS or its Representatives, then FILMSNTICKETS or its Representatives, as the case may be, shall pay liquidated damages amounting to the actual amount paid by the User and actually received by FILMSNTICKETS with respect to the purchase of tickets/ updates of member accounts/ purchase of virtual cards / gift voucher amounts / whether through the use of virtual card, credit card charge, card debit card, smart card or cash, which amount shall constitute liquidated damages.
UNDER NO CIRCUMSTANCES SHALL FILMSNTICKETS OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE FILMSNTICKETS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FILMSNTICKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FILMSNTICKETS'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT OF THE AMOUNT ACTUALLY PAID FOR BY ANY USER WHILE AVAILING ANY OF THE SERVICES ON THE FILMSNTICKETS WEBSITE.
FilmsNTickets will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise between Users or that relate to or arise out of the acts or omissions of other Users. By using this Site, you do hereby represent, understand, and expressly agree to indemnify and hold FilmsNTickets its parent, subsidiaries, officers, directors, owners, agents, employees, successors, assigns, representatives, sponsors or advertisers (collectively referred to as "Indemnified") harmless to the greatest extent possible under applicable law from and against any and all judgments, fines, penalties, amounts paid in settlement and any other amounts reasonably incurred or suffered by Indemnified in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative ("Claim"), to which FilmsNTickets is, was or at any time becomes a party, or is threatened to be made a party, due to any of your alleged acts or omissions. You further agree to pay any and all expenses reasonably incurred by the indemnified (FilmsNtickets) in defending any Claim or Claims (including reasonable attorneys' fees and other reasonable costs of investigation and defense), as the same are incurred and in advance of the final disposition of any such Claim or Claims,. All agreements and obligations of the User under this paragraph do not terminate upon termination of this Ageement and shall continue for so long as the Indemnified shall be subject to any possible action, suit, proceeding or other assertion of a Claim or Claims.
29. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, or in the event of any dispute regarding the TOU please notify FilmsNTickets’ agent ("Agent"), at (please provide the address of the agent or the link)
30. APPLICABLE LAWS AND ARBITRATION
These Terms, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of India and the State of Tamilnadu, without regard to its conflict of laws rules. Any disputes arising with respect to this Agreement shall be adjudicated by a sole arbitrator to be appointed by FilmsNTickets. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Chennai, India using the English language and pursuant to the rules of the Indian Arbitration and Conciliation Act, 1996 or any enactment of statute that may have amended or accordingly replaced the same. The arbitrator shall decide ex aequo et bono or as amiable compositeur. It is agreed that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service and that all modifications, except as otherwise provided herein, must be in a writing signed by both parties.