Terms of service

The websites www.aerocinema.com & www.classicplanestv.com ( "the Web Site(s)") are owned and/or controlled by AeroCinema Inc. of 1218 Lakeshore Rd. West, Oakville, Ontario. Canada ("we", "our" or "us"). By using the Web Site(s), you are agreeing to comply with and be legally bound by the terms and conditions set out and to all licences issued within these Terms of Use and our Privacy Policy, which constitute the agreement between you and us. If these Terms of Use are not acceptable to you, please do not use the Web Site(s). We may update these Terms of Use from time to time, and any revisions shall be binding and effective at the time that such revisions are made and you are responsible for periodically reviewing the most current version(s) on the Web Site(s). Your continued use of the Web Site(s) will be deemed your conclusive acceptance of the updated Terms of Use.

All material found on the Web Site(s) is and shall be used by you alone for PERSONAL ENTERTAINMENT THROUGH PRIVATE VIEWING IN THE HOME FOR YOUR OWN PERSONAL USE ONLY ON THE COMPUTER DEVICE YOU USE TO ACCESS THE WEB SITE(S). Without limitation, (i) any form of so-called 'Download-to-Own' is not permitted, and any copying of material onto mobile phones, mobile terminals or other handheld devices or onto DVDs, video discs, CD Roms, other software devices or media, or any uploading, transmission, distribution, publication or modification of material is strictly prohibited; and (ii) you shall not copy, upload, transmit, transfer, distribute, publish, modify or use for any commercial or other similar purpose any of the material on the Web Site(s), including the underlying HTML source code.

It is your responsibility to ensure that at all times you comply with all laws in any jurisdiction that apply to your use of the Web Site(s). All content and information viewed on the Web Site(s) and/or contained in the content provided to our bona fide customers is intended for private home viewing by the individual customer and only in the territories where we have rights. In particular, if you live outside the UK in a country where we do not have the rights to promote and/or sell content, you must not attempt to use the Web Site(s).

 

Your Authority to Use the Web Site(s):

We are the owner and/or authorised user or licensee of all the intellectual property rights in and to the Web Site(s) and their content including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting in England or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein, we do not grant any express or implied right to you in any intellectual property rights nor in any confidential, secret information technology or know-how held on the Web Sites' servers.

By using the Web Site(s), you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of the Web Site(s) and their content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Web Site(s) or their content, your sole and exclusive remedy is to stop using them.

Your Responsibilities:

The material found on the Web Site(s) may not be suitable for those under 18, and/or for persons who object to certain levels of violence, strong language, scenes of a sexual nature or adult content. You agree not permit anyone under 18 to see material found on the Web Site(s), and to take all due precautions to warn and prevent those under 18 or persons who may find such content objectionable from accessing, viewing, or downloading any material found on the Web Sites, such as but not limited to: i. implementing access controls on your computer and ii. implementing access controls on your web browser software.

By entering the Web Site(s), you agree to release, discharge, and hold harmless the operation controllers, content providers, owners and creators of the Website concerned from any and all liability which might arise from the viewing, reading, and general consumption of content on the Web Site(s) on the part of yourself or on the part of any other persons who use your hardware, software or security credentials to access this material.

Registering as a customer:

You will choose your own confidential username and password and you shall: (i) keep your username and password confidential as all transactions where your username and password have been correctly entered shall be regarded as valid, provided the transaction meets the other criteria laid down in these Terms and Conditions; and (ii) you agree to inform us at once by electronic mail or telephone if you believe that your account information is being misused by a third party so that we may terminate your account. We recommend that you disable any automatic password memory in your browser prior to using the Web Site(s). This will help to limit the risk to you of unauthorised use of your account.

We shall not be liable for any loss that you may incur as a result of misuse of your confidential access credentials and we accept no liability resulting from any unauthorised use, whether fraudulent or otherwise.

You are entirely responsible for the information with respect to your identity, including without limitation, your age, name, address and payment details, that you provide to us and we shall not be liable for incorrect entries made by you, including data input errors. You agree that we rely on such information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.

Accounts:

As a customer, you can buy content only up to the amount held within your online account with us. We reserve the right to accept or decline the whole or part of any proposed payment into that account.

It is your responsibility as the customer to ensure that all the details of each transaction are correct. Once an order has been processed it cannot be cancelled by the customer. An order has been processed at the point that download of content has commenced. Without limitation, any failure by you to provide current and/or accurate details may result in order requests being declined or payments being issued incorrectly.

Any concern regarding your account with us should first be e-mailed to us at support AT aerocinemaDOT com. We will make every effort to ensure to resolve the matter in a mutually satisfactory manner.

Any queries relating to your account must be raised no later than six months after the query arose. We cannot guarantee that we will be able to resolve your query if it is not raised within this time.

Without restricting our ability to rely on other remedies that may be available to us, we will suspend or terminate your account at our absolute discretion if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our site; or (ii) we suspect that the address and/or territory of residence details you have provided are not the residence from which you are accessing our services; or (iii) we suspect you are breaching any term of this agreement; or (iv) we suspect you are acting in a manner that is detrimental to the conduct of our business; or (v) we suspect that you may be having difficulties obtaining credit.

Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these Terms of Use, we may decide to cancel any downloads at our absolute discretion where (i) there is a technological failure, or (ii) you have breached any of these Terms of Use.

Your sole remedy in the event of termination of your account by us for any reason shall be the re-imbursement of any undisputed account balance you may then have and we shall have no further liability to you whatsoever.

On your authority to cancel your subscription package you shall not be entitled to a refund, either in part or whole, of the current month's pre-paid subscription fee.

Subject to your compliance with our payment terms, you will be issued with a license to view any encrypted content that you download when you first attempt to view the film or programme. In order to gain this license you will be required to enter your user name and password and to confirm your agreement to these Terms of Use.

In accepting these Terms of Use you accept that the films or programmes you are downloading are encrypted in order to protect the rights of the content owners and its licensees, including us. Any attempts to break or modify the encryption and license keys is strictly forbidden and constitutes a breach of this agreement.

Content that is covered by a valid active subscription will be issued with a fixed period licence, usually 30 days. Once the licence has expired, you are entitled to be issued with additional fixed period licenses on entering the valid user name and password so long as your subscription is active.

Pay Per View content will be issued with a fixed licence of one month

We may, in our absolute discretion, alter or amend or withdraw any content from the Web Site(s) or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the contents.

Disclaimers:

Except in the case of negligence on our part, we shall not be responsible for and shall not be liable for any consequences that are or are alleged to have occurred through your use, or misuse, of our services.

The Web Site(s) can be accessed from countries around the world other than Canada. We make no representation that the content on the Web Site(s) is appropriate or available for use in other locations, and accessing the Web Site(s) from territories where its content is illegal is prohibited. Those who choose to access the Web Site(s) from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.

You agree that we are not liable for any loss or damage that you may suffer because of any act of God or (including without limitation); i. power failure; ii. trade or labour dispute; iii. act, failure or omission of any government or authority; iv. obstruction or failure of telecommunication services or networks; v. any other delay or failure caused by a third party (including without limitation the withdrawal of any particular film or programme from the Web Site(s)). In such an event, we reserve the right to cancel or suspend our services without incurring any liability. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our services, impede the placing of orders or the ability to contact us.

We and each of our affiliates, licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information accessed from the Web Site(s), nor for any actions taken in reliance thereon. The information in content contained on the Web Site(s) provided by any third party, including without limitation, the information in content obtained through any link, has been supplied without verification by us.

We may, from time to time, accept advertising from certain entities and may receive a fee from their advertising on the Web Site(s). No endorsement by us is intended or implied by the presence of such advertising. As a convenience to our visitors, the Web Site(s) may contain links to a number of web sites. The Privacy Policy does not apply to those websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to such websites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such websites. We provide these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites. Links do not imply that we or the website concerned are legally authorised to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorised to use any trade-mark, trade name, logo or copyright symbol of us or any of our affiliates or subsidiaries.

THE CONTENT ON THE WEB SITE(S) COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS MAKE NO REPRESENTATIONS AND DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SUITABILITY OF CONTENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ASSUME NO LIABILITY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) OR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE(S), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE, OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THE WEB SITE(S) (OR ANY WEBSITE LINKED TO THE WEB SITE(S), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY OUR OR OUR AFFILIATES' OR EITHER OF OUR RESPECTIVE LICENSORS', SERVICE PROVIDERS' OR SUPPLIERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAWS PERMITS.

Breaches of Terms of Use:

We reserve the right to seek all remedies available at law and in equity for your breaches of these Terms of Use, including the right to block access from a particular Internet address to the Web Site(s) and/or to cancel any username and password entitling you to access specific features of the Web Site(s).

Laws and interpretation:

These Terms of Use are not intended by you or by us to benefit any third party.

Headings in these Terms of Use are for convenience only and shall not affect their interpretation.

If any provision of these Terms of Use is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions.

Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent to you whether actually received or not.

If you have any queries concerning these Terms of Use, please contact us.

The Web Site(s) (excluding linked sites) is controlled by us from our offices in Canada. By accessing the Web Site(s), you and we agree that all matters relating to your access to, or use of, the Web Site(s) shall be governed by the statutes and laws of Canada as applicable, without regard to the conflicts of laws principles thereof. You and we also agree and hereby submit to the exclusive jurisdiction and venue of the Canadian courts with respect to any and all matters arising in connection with your use of the Web Site(s).