Please note that certain features or services referenced in these Terms may not be offered on every version of the Pacific Platforms at all times. In addition, there may be times when we offer a service or feature that has its own applicable terms and conditions in addition these Terms (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise. If you elect to join the Pacific Membership Program, your enrollment as a member will be subject to the Pacific Membership Program Terms and Conditions (“AMP Terms”), which are Additional Terms.
If you access an Pacific Platform via an application on Apple’s iOS Platform, you and Pacific acknowledge and agree that: (i) these Terms are entered into between you and Pacific and that Apple, Inc. (“Apple”) is not a party to these Terms; (ii) Apple does not endorse this Pacific Platform or sponsor any prize promotions offered on the Pacific Platform; and (iii) your use of that application is also subject to Apple’s Usage Rules as set forth in the iTunes Store Terms of Service (Found here: https://www.apple.com/legal/internet-services/itunes/us/terms.html)
For information about Pacific’s ticket purchase policies (refunds, etc.) and gift cards, please visit Pacific’s FAQs at https://www.PacificTheatres.com/faqs/.
TABLE OF CONTENTS
Ownership of Pacific Platform Materials
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Pacific Platforms (and all past, present and future versions), including, without limitation: graphics, layout, text, instructions, widgets, images, audio, videos, designs, advertising copy, logos, domain names, trade names, and trademarks; any and all copyrightable material (including source and object code); the “look and feel” of the Pacific Platforms; the compilation, assembly, and arrangement of the materials of the Pacific Platforms; and all other materials related to the Pacific Platforms (collectively, the “Materials”) are owned, controlled, or licensed by Pacific or its subsidiaries or affiliates and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, publicity, and other laws, rules, regulations, and international treaties.
The Materials may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, without the express permission of Pacific, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
Your License to Use Materials on the Pacific Platforms
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute the Materials (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party service, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Pacific.
You may choose, at your discretion and risk, to use features that enable interactions between the Pacific Platforms and a third-party service (each, a “Social Application”), such as linking your activities on the Pacific Platforms with a third-party platform or enabling you to “like” an item on the Pacific Platforms or “share” content to other services. Such Social Applications may interact with, connect to, or gather or pull information from and to your user account or profile on the Pacific Platforms. By using such features, you acknowledge and agree to the following: (i) if you use a feature to share information relating to your Pacific Platform activity, you are consenting to your information and content being shared; (ii) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Pacific has not provided such information; and (iii) your use of a Social Application is at your own option and risk, and you will hold Pacific harmless for the sharing of information relating to your Pacific Platform activity. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
Information and Content that You Submit
We may provide you the opportunity on the Pacific Platforms to participate and post content publicly in forums, through interactive features, and through other communication functionality (collectively, “User Forums“). You may choose to submit or post images, videos, writings, questions, comments, suggestions or other user-generated content (collectively, “User Content”) via the User Forums or otherwise.
Rights You Grant to Us. Whenever you submit, post, upload, or otherwise make available User Content on a User Forum or directly to Pacific (including by email or text message) you: (1) grant to Pacific an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any medium now known or later developed, without any compensation to you; and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Pacific to publish your User Content in a searchable format that may be accessed by users of the Pacific Platforms and online services.
Right To Screen and Remove Content. We retain the right (but not the obligation unless required by law), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. However, we are not responsible for the content of User Content and if your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third party, you may bear legal responsibility for that User Content. You agree that Pacific has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees’ licensed rights to your User Content.
No Confidential Relationship/No Unsolicited Materials. User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content, to the fullest extent permitted by applicable law. You acknowledge and agree that your relationship with Pacific is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Pacific in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Pacific.
Pacific does not accept unsolicited User Content, including, without limitation, ideas for products, services, or features. We wish to avoid any misunderstandings when projects developed by or on behalf of Pacific may seem to others to be similar to their own creative ideas or materials. Therefore, please do not submit any such unsolicited User Content to us through the Pacific Platforms (including any User Forum), by email, or otherwise. If you nonetheless decide to make any such unsolicited submission, you agree to grant to Pacific the right and license to your unsolicited submission as set forth in the “Rights You Grant to Us” subsection, above.
Representations You Make to Us. You are responsible for all of your User Content. By submitting User Content, you represent and warrant to Pacific that your User Content: (1) is not confidential and that you have all necessary permission to submit it; and (2) does not infringe upon, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Pacific Platforms, whether within the Pacific Platforms or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any information, and in all other online activities.
Acceptable Use Policy
The following rules are here to help you understand the conduct that is expected of you when you participate on any User Forum or other interactive areas of the Pacific Platforms. You agree that your participation in a User Forum or other interactive area of the Pacific Platforms is subject to all of these Terms, including the following “Acceptable Use Policy”:
- Public forum. A User Forum is a public forum and User Content that you post on a User Forum will be accessible and viewable by others. Do not post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable/contact information).
- Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
- User Content must be yours. All User Content must be original to you and you must have all rights in the User Content (or it must be in the public domain); OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content must have given you permission to upload and distribute the User Content on the Pacific Platforms and elsewhere.
- Don’t upload third-party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third-party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- No pictures or images of anyone but you and your friends and family. If the ability to upload photos is made available on the Pacific Platforms and you choose to use such a feature (or to otherwise include images of real people in any User Content), make sure photos are only of you or of you and someone you know personally, but, in any event, only with their express permission to post it.
- Original music only. Do not play or include any music, lyrics, or poetry in your User Content unless it is your original piece and performed only by you (or you have all rights to the musical work, including any performances). No jingles, sampling or otherwise using existing music.
- Keep it relevant. Your User Content should relate to the content on the Pacific Platforms and should be intended to add to the discussion and community on the Pacific Platforms – it should not include irrelevant topics or postings.
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments so we can continue to build a User Forum for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn’t belong on a User Forum. Cursing, flaming, trolling, harassing, stalking, posting insulting comments, personal attacks, gossip, or similar actions are prohibited. Your User Content may not threaten, abuse, or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference, or physical handicap, or that are defamatory, indecent, obscene, pornographic, or sexually explicit.
- Do not use a User Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Pacific Platforms or otherwise offered by Pacific. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail or incur criminal or civil liability for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take any action that we (in our sole discretion) deem appropriate, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent or otherwise illegal or dangerous act.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user, or company (including impersonating a representative of Pacific) or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
- Don’t damage the Pacific Platforms or anyone’s device. User Content may not contain malware, viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Pacific Platforms or any system.
Viral Content Distribution
Pacific may grant you — but only through express written permission — the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available on the Pacific Platforms (“Viral Distribution“). Express written permission for Viral Distribution may include: (a) sending Materials to friends or acquaintances at no charge or (b) posting and displaying a copy of Materials on another online service that permits users to post content (so long as the posting is allowed pursuant to the third-party service’s terms and conditions, and provided that the third-party service does not charge for access to those materials or associate those materials with other products, services or advertising). You agree that you will not post any claims about an Pacific product or service when engaging in Viral Distribution. In other words, you understand that only Pacific can make claims, promises or statements on behalf of Pacific about our products or services. You also agree that you will not imply that you and Pacific are affiliated in any way or that Pacific approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any terms we post in connection the Viral Distribution of Materials.
If expressly permitted and made available on the Pacific Platforms, you may engage in Viral Distribution pursuant to these Terms, but you will not otherwise make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
Membership & Registration
Certain areas of the Pacific Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Pacific Platforms, including purchasing movie tickets. When you provide information to the Pacific Platforms, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of the Pacific Platforms using your login information. Pacific reserves the right (in its sole discretion) to terminate your account or otherwise deny you access without notice.
Without limiting the foregoing and as described above, if you elect to join the Pacific Membership Program, your enrollment as a member will be subject to the AMP Terms as well as these Terms.
Sweepstakes, Contests, and Promotions
Any sweepstakes, contest or other promotion (any, a “Promotion“) that may be offered via the Pacific Platforms may be governed by a separate set of rules that may have eligibility requirements (such as certain age or geographic area restrictions) and other terms and conditions governing the Promotion, use of User Content submitted in connection with the Promotion, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register, and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
Third-Party Links and Content
Pacific grants you the revocable permission to link to the Pacific Platforms; provided, however, that any link to the Pacific Platforms: (a) must not frame or create a browser or border environment around any of the content on the Pacific Platforms or otherwise mirror any part of the Pacific Platforms; (b) must not create the false impression that Pacific is endorsing or sponsoring any third party or its products or services, unless Pacific has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise harm Pacific or its products or services (as determined by Pacific in its sole discretion); (d) must not use any Pacific trademark without prior written permission from Pacific; (e) must not contain content that could be construed as distasteful, offensive, controversial, or otherwise objectionable (in Pacific’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Pacific Platforms, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Pacific reserves the right to prohibit linking to the Pacific Platforms for any reason in our sole and absolute discretion.
The Pacific Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to receive messages from the Pacific Platforms (including, without limitation, push messages) and download applications to your mobile phone or access Pacific Platform features (collectively, the “Mobile Features”). Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you sign up to receive SMS or MMS messages from Pacific, you can unsubscribe from any SMS or MMS messages received by replying “STOP”.
You represent and warrant that: (i) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Pacific is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; (iv) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Pacific Platforms and you will be responsible for all charges related thereto.
Our Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Pacific PLATFORMS (INCLUDING, WITHOUT LIMITATION, THE MATERIALS) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Pacific AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS IN INTEREST, LICENSEES, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, MANAGERS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, CONTRACTORS (COLLECTIVELY, THE “Pacific PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE Pacific PLATFORMS; (B) THE MATERIALS ON OR PROVIDED THROUGH THE Pacific PLATFORMS; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE Pacific PLATFORMS; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO Pacific OR VIA THE Pacific PLATFORMS. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE Pacific PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE Pacific PARTIES DO NOT REPRESENT OR WARRANT THAT THE Pacific PLATFORMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE Pacific PLATFORMS OR THE SERVER THAT MAKES THE Pacific PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Pacific PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE Pacific PLATFORMS IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. BY YOUR USE OF THE Pacific PLATFORMS, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. THE Pacific PARTIES DO NOT WARRANT THAT YOUR USE OF THIS Pacific PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE Pacific PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE Pacific PLATFORMS YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE Pacific PLATFORMS.
THE Pacific PARTIES DO NOT ENDORSE ANY USER CONTENT AND ARE NOT RESPONSIBLE FOR ANY USER CONTENT.
IF YOU ARE ACCESSING THE Pacific PLATFORMS VIA AN APPLICATION ON APPLE’S IOS PLATFORM:
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION (IF ANY) TO YOU; AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND Pacific WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS WILL BE Pacific’S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, Pacific AND YOU ACKNOWLEDGE THAT APPLE HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, Pacific AND YOU ACKNOWLEDGE THAT, AS BETWEEN APPLE AND Pacific, Pacific IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
Limitation of Liability; Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE Pacific PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) RELATED TO: (A) THE Pacific PLATFORMS; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE Pacific PLATFORMS; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Pacific PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE Pacific PLATFORMS; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE Pacific PLATFORMS TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S DEVICE, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Pacific PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE Pacific PLATFORMS IS TO STOP USING THE Pacific PLATFORMS, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE Pacific PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE Pacific PLATFORMS. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE Pacific PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE Pacific PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE Pacific PARTIES, INCLUDING, WITHOUT LIMITATION, THE Pacific PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Pacific’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE Pacific PLATFORMS OR ANY OTHER PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE Pacific PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY Pacific PLATFORMS, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE Pacific PARTIES, PROVIDED HOWEVER THAT NOTHING IN THESE TERMS WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT – IF ANY – TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW.
BY ACCESSING THE Pacific PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR PROVINCE/TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Term and Termination
Pacific reserves the right (in its sole discretion) to terminate your access to and use of the Pacific Platforms and any of its features, without notice or liability, including, without limitation, if Pacific believes your conduct fails to conform to these Terms or any Additional Terms. Pacific also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities where applicable. Upon termination of your access to the Pacific Platforms, or upon demand from Pacific, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Pacific Platforms.
Pacific also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the Pacific Platforms, including, without limitation, the cessation of all activities associated with the Pacific Platforms. Pacific also reserves the right to charge for use of the Pacific Platforms or a portion of the Pacific Platforms and to change its fees from time to time in its discretion.
Location of Pacific Platforms and Territorial Restrictions
Unless otherwise specified, the Pacific Platforms and its Materials are made available for use in the United States.
The information provided on the Pacific Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pacific to any registration requirement within such jurisdiction or country. Pacific controls and operates the Pacific Platforms from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Pacific Platforms are appropriate for use or access in locations outside the United States. Anyone using or accessing the Pacific Platforms from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the Pacific Platforms (and/or the provision of any content, program, product, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Software related to or made available by this Pacific Platforms may be subject to United States export controls. Thus, no software from these Pacific Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to these Pacific Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Pacific Platforms, including, without limitation, those governing your transmission or use of any software or data.
Dispute Resolution and Arbitration
Dispute Resolution and Arbitration. You and Pacific agree that all disputes between you and Pacific with regard to these Terms or your use of the Pacific Platforms will be resolved by binding, individual arbitration under the American Arbitration Association’s (AAA) rules for arbitration of consumer-related disputes or under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event both AAA and JAMS are unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. YOU HEREBY EXPRESSLY WAIVE A TRIAL BY JURY. CLASS ACTION WAIVER: Neither you nor Pacific will participate in a class action or class-wide arbitration for any claims covered by these Terms. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Notwithstanding the above, Pacific will be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Desktop, online, written or telephone arbitration can be used for claims. If an in-person hearing is requested by you, required by the arbitrator or required by the rules of the arbitration administration hearing the claims, then arbitration will take place in Los Angeles County, California or Cook County, Illinois (determined by the party initiating arbitration) or any other location Pacific agrees to. Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitration administration hearing the claims. The arbitrator(s) will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. In all other cases, you will bear 50% of the fees charged by the arbitration administration hearing the claims and you alone will be responsible for your attorneys’ fees. Notwithstanding the above, you will pay for all of your own travel costs if you initiate arbitration and you request an in-person hearing. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have any authority to award punitive or exemplary damages.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA WILL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS. THESE TERMS WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
You agree that any action at law or in equity relating to the arbitration provision of these Terms will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Pacific reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Pacific.
If you access the Pacific Platforms via an application on Apple’s iOS Platform, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of the Terms. If you are accessing the Pacific Platforms via an application on Apple’s iOS Platform, you agree that if the application or your possession and use of the application infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
The failure of Pacific to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Pacific’s rights with respect to such breach or any subsequent breaches. No waiver by Pacific of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Pacific. Neither the course of conduct between the parties, nor trade practice will act to modify these Terms. Pacific may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Pacific’s prior written consent. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court or other adjudicative body of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Pacific by virtue of Pacific having drafted them. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Our Disclaimer of Warranties, Limitation of Liability; Waiver, and Dispute Resolution and Arbitration).
Pacific will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Pacific’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Pacific reserves the right to modify or add to these Terms as described in this section (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Pacific Platforms, and that your use of the Pacific Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Pacific Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Pacific Platforms from that point forward.