To Become an "Official Cinematic Product Tester" Please Fill in your Info
Below
Terms of service
OVERVIEW
This website is operated by Cinematic Circle. Throughout the site,
the terms “we”, “us” and “our” refer to Cinematic Circle.
Cinematic Circle offers this website, including all information,
tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply
to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors
of content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree
to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of
Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools which are added to the current store
shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Shopify Inc. They provide us with the
online e-commerce platform that allows us to sell our products and
services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are
at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result in an
immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at
any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through
which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site
is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied
upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for
your reference only. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to
our Return Policy.
We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any
color will be accurate.
We reserve the right, but are not obligated, to limit the sales
of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products
or product pricing are subject to change at anytime without
notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will
be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased
per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e‑mail
and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that,
in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree
to promptly update your account and other information, including
your email address and credit card numbers and expiration dates,
so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input. You acknowledge
and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions
of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of
optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure
that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s). We
may also, in the future, offer new services and/or features
through the website (including, the release of new tools and
resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties. Third-party links on
this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will
not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or
services of third-parties. We are not liable for any harm or
damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection
with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate
and otherwise use in any medium any comments that you forward to
us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer
virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use
a false e‑mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility
and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including
after you have submitted your order). We undertake no obligation
to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing
information, except as required by law. No specified update or
refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the
functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or
the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited
uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free. We do
not warrant that the results that may be obtained from the use of
the service will be accurate or reliable. You agree that from time
to time we may remove the service for indefinite periods of time
or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and
services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title,
and non-infringement.
In no case shall Cinematic Circle, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special,
or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim
related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result
of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such
states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cinematic Circle
and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service at
any time by notifying us that you no longer wish to use our
Services, or when you cease using our site. If in our sole
judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right
or provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior
or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in
accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at
any time at this page.
We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check
our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of
any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 20 - SHORT CODE MESSAGING
1) When opting in to receiving text messages you can expect to
receive 1 SMS notification for abandon carts, along with
promotions and discount codes when available.
2) You can cancel the SMS service at any time. Just text "STOP"
to the short code. After you send the SMS message "STOP" to us,
we will send you an SMS message to confirm that you have been
unsubscribed. After this, you will no longer receive SMS
messages from us. If you want to join again, just sign up as you
did the first time and we will start sending SMS messages to you
again.
3) If you are experiencing issues with the messaging program you
can reply with the keyword HELP for more assistance, or you can
get help directly at community@cinematiccircle.com or (855)
684-0053
4)Carriers are not liable for delayed or undelivered
messages
5) As always, message and data rates may apply for any messages
sent to you from us and to us from you. You will receive
{message frequency}. If you have any questions about your text
plan or data plan, it is best to contact your wireless
provider.
6) If you have any questions regarding privacy, please read our
privacy policy:
http://vip.cinematiccircle.com/policies/privacy-policy
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
community@cinematiccircle.com.
Refund policy
Returns
Our policy lasts 30 days. If 30 days have gone by since your
purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the
same condition that you received it. It must also be in the original
packaging.
All digital products are not eligible for a refund.
Several types of goods are exempt from being returned. Perishable
goods such as food, flowers, newspapers or magazines cannot be
returned. We also do not accept products that are intimate or
sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
- Gift cards
- Downloadable software products
- Some health and personal care items
To complete your return, we require a receipt or proof of
purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted
(if applicable)
- Book with obvious signs of use
- CD, DVD, VHS tape, software, video game, cassette tape, or vinyl
record that has been opened
- Any item not in its original condition, is damaged or missing
parts for reasons not due to our error
- Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an
email to notify you that we have received your returned item.
We will also notify you of the approval or rejection of your
refund.
If you are approved, then your refund will be processed, and a
credit will automatically be applied to your credit card or
original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account
again.
Then contact your credit card company, it may take some time
before your refund is officially posted. Next contact your
bank.
There is often some processing time before a refund is
posted.
If you’ve done all of this and you still have not received your
refund yet, please contact us at
community@cinematiccircle.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items
cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need
to exchange it for the same item, send us an email at
community@cinematiccircle.com
or call out hotline at (855) 684-0053
Gifts
If the item was marked as a gift when purchased and shipped directly
to you, you’ll receive a gift credit for the value of your return.
Once the returned item is received, a gift certificate will be
mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift
giver had the order shipped to themselves to give to you later, we
will send a refund to the gift giver and he will find out about your
return.
Shipping
To return your product, you should call our hotline 8AM to 8PM PST
at (855) 684-0053.
You will be responsible for paying for your own shipping costs for
returning your item. Shipping costs are non-refundable. If you
receive a refund, the cost of return shipping will be deducted from
your refund.
Depending on where you live, the time it may take for your exchanged
product to reach you, may vary.
If you are shipping an item over $75, you should consider using a
trackable shipping service or purchasing shipping insurance. We
don’t guarantee that we will receive your returned item.
