Senitype®

These Terms of Use govern your use as a member of The Senitype® Collectors Club service (the “Senitype® service”, Senitype® or “service”), including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith. By using, visiting, or browsing the Senitype® service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of use, you should not use the Senitype® service, including our website and user interfaces. These Terms of Use govern your use of the Senitype® service and you should read them carefully. The Senitype® service is provided by Hollywood Archives Collectibles, Inc., or one of its affiliated companies.

Change to Terms of Use
Senitype® service reserves the right, from time to time, with our without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on “Terms of Use” located at the bottom of the pages of our website. The most current version of the Terms of Use will supersede all previous versions.

Privacy and Communications Preferences
Any personally identifying information submitted through the Senitype® service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using the Senitype® service, you are consenting to receive certain communications from us. For example, Senitype® may send you newsletters about new Senitype® service features, special offers and promotional announcements Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there. By using the Senitype® service, you consent to receiving electronic communications from the Senitype® service. These communications may include notices about your account (e.g., Payment Method and other transactional information) and information concerning or related to the Senitype® service. These communications are part of your relationship with the Senitype® service and you receive them as part of your membership. You agree that any notice, agreements, disclosure or other communications that the Senitype® service sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Membership
To become a member of The Senitype® Collectors Club service, you must have Internet access and a current valid credit card or debit card, or other accepted payment method ("Payment Method"). Your Payment Method will be authorized for up to approximately one month of service as soon as you register. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods. We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Billing
By joining The Senitype® Collectors Club service, you are expressly agreeing that the Senitype® service is authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Senitype® service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Senitype® membership or became a paying member on March 31st, your next payment date is April 30th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Your membership will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation
You may cancel your Senitype® service membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and follow the instructions for cancellation.

Account Access; Identity Protection
If you find that you're a victim of identity theft and it involves a Senitype® account, you should notify Senitype® service immediately. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to The Senitype® Collectors Club website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Senitype® reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Senitype® is not obligated to credit or discount a membership for holds placed on the account by either a representative of Senitype® or by the automated processes of Senitype®.

Disclaimers of Warranties
THE SENITYPE® SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SENITYPE® SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SENITYPE® SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. SENITYPE® DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SENITYPE® SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SENITYPE® MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SENITYPE® SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. SENITYPE® SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND SENITYPE® SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

Limitations on Liability
Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Senitype® service or on the The Senitype® Collectors Club website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Senitype® service and/or website or user interfaces, (iv) delivery and or display of any content contained on The Senitype® Collectors Club website, user interfaces, or otherwise through the Senitype® service; and (vii) any losses or damages arising from the use of the content provided on The Senitype® Collectors Club website, user interfaces, or otherwise through the Senitype® service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Senitype® service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, 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. We do not make any representations with respect to the content contained on movies from the Senitype® service or the descriptions of any movie content contained on our website and user interfaces. We do not represent or guarantee that your use of the Senitype® service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. Due to limited availability, in certain circumstances members may receive a single Senitype® worth two (2) movie tickets or two (2) Senitypes® with one movie ticket in each Senitype® Collection.  Further, Senitype® images and 35mm film frame images may change without notice due to limited availability. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Senitype® or its affiliated parties. IN NO EVENT SHALL SENITYPE®, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SENITYPE® SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SENITYPE® SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SENITYPE® SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.

Indemnification
Upon request by Senitype®, you agree to defend, indemnify, and hold harmless Senitype® and its affiliates, their employees, contractors, agents, representatives, officers, directors, co-branders, content licensors and/or other partners from all liabilities, claims, and expenses, including without limitation attorneys fees that arise from: (a) your use of the website or the Products; and/or (b) your breach of these Terms and the terms of the Program. Senitype® reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Senitype® in asserting any available defenses.

Third Party Sites
Senitype® may allow third parties to advertise on the website. Please be aware that Senitype® is not responsible for the business and privacy practices of these other sites. Senitype® encourages you to be aware of this when you leave the website and to read the legal notices and privacy policies of each and every website you visit. The website also contains links to other websites on the Internet that are owned and operated by third parties. Senitype® does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Senitype® of the applicable website or any association with the website’s operators. Because Senitype® has no control over such websites and resources, you agree that Senitype® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. You agree that Senitype® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Choice of Law and Arbitration Provision
Any dispute arising out of or related to these Terms, which cannot be resolved by negotiation (including, without limitation, any dispute over the arbitrability of an issue), will be settled by binding arbitration in accordance with the J.A.M.S Arbitration Rules and Procedures. The arbitration will be held in the Los Angles, California. The costs of arbitration, including the fees and expenses of the arbitrator, will be borne by the party initiating the action unless the arbitration award provides otherwise. Each party will bear the cost of preparing and presenting its case. The parties agree that the arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by these Terms, and in no event does the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The award may be confirmed and enforced in any court of competent jurisdiction. These Terms shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).

Miscellaneous
You represent and warrant that (a) you are at least 18 years of age; (b) you have the full right, power and authority to enter into this agreement; (c) by entering into this agreement you are not breaching any duty or obligation to any third party; and (d) the person consenting to these Terms is your duly authorized representative and authorized to bind you to the terms of these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of Senitype®, which may be withheld in Senitype’s sole discretion. If any clause or provision in these Terms is determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by Senitype®. The failure of either Senitype® to insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersede and replace all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms.

CONTACT INFORMATION
If you have any questions about these Terms, please feel free to contact us at 877.830.5865 or visit our contact page. Senitype®