Terms of Use
Cinemark Brasil S.A. (“Cinemark”)
Versão atualizada em: 15 de junho de 2022
Hello, welcome to Cinemark! These Terms of Use aim to establish the conditions for the use of Cinemark Channels by Users, specifying the functionalities of these Cinemark Channels, how to access the Services, Products and Content made available by Cinemark, in addition to the responsibilities and obligations to be observed and fulfilled by Users and Cinemark.
1.1. These Terms of Use apply only to Cinemark Channels. Use of and access to other websites and/or applications that are not administered by Cinemark will be subject to the terms of use or other documents specific to those websites and/or or applications and must be analyzed separately by Users, without any liability from Cinemark.
Cinemark Channels, as well as the Products, Content and Services offered by Cinemark, may contain inappropriate or inappropriate content for children and adolescents, and the User is responsible for reviewing the rating of each item before accessing and/or or acquisition.
2.1. The terms below, when capitalized in these Terms of Use, will have the following meanings:
a) “Registration”: personal and non-transferable registration of the User in the Cinemark Channels database, in accordance with the conditions established in these Terms of Use and the Privacy Policy;
b) “Cinemark Calendar”: The annual calendar of films that will be showing at Cinemark allows the User to see all the information about the films they are interested in and receive notices about them.
c) “Cinemark Channels”: All channels available to Cinemark Users, including, without limitation, the Website, the App, the Virtual Store, Social Networks and Cinemark's physical channels, such as Points of Sale (“POS”) and Self-Service Machines (“ATM”);
d) “ Cinemark”: Cinemark Brasil S.A., headquartered in São Paulo/SP, at Av. Doutor Chucri Zaidan, nº 920, 15th floor, CEP 04583-904, registered with the CNPJ under nº 00.779.721/0001- 41;
e) “App Cinemark Brasil”: commercial name of the application (“App”) for mobile devices, available to Users in the virtual stores of mobile device operating systems;
f) “Cinemark.com.br”: name of the website (“Site”), owned and managed by Cinemark, located at https://www.cinemark.com.br/ ;
g) “Purchases”: acquisition of Products and Services through Cinemark Channels upon payment using payment methods made available by Cinemark;
h) “Content”: any audiovisual or written content, advertising or otherwise, made available by Cinemark through through Cinemark Channels;
i) “Personal Data”: any information that identifies or may identify a User, including, without limitation, their name, CPF and email address;
j) “Contact Us ”: Cinemark’s contact channel to meet User demands, available at the electronic address sac.cinemark.com.br;
k) “Tickets”: tickets offered by Cinemark that enable a User to receive them upon payment of consideration, under the terms and conditions established in these Terms of Use, of a Cinemark Service;
l) “Login”: individual and non-transferable identification of the User to access Cinemark Channels;
m) “Virtual Store” : page dedicated to the exclusive marketing of Cinemark Products and/or Services, located at https://lojacinemark.maisbarato.net/ ;
n) “Gift”: option to purchase Snack Bar Products by the User, with the generation of a voucher (“Voucher”), which can be forwarded to a third party beneficiary who has an active registration on Cinemark Channels (“Beneficiary User”). The Beneficiary User will receive an email with information for redeeming the Voucher with the chosen Snack Bar Products. Only the User who has purchased the Voucher will be able to cancel this Voucher and only the Beneficiary User will be able to use the Voucher to redeem Products at the Snack Bar;
o) “Products”: any movable asset, material or immaterial, provided by Cinemark through the Cinemark Channels, for consideration by the User;
p) “Loyalty Programs”: any Cinemark loyalty programs, currently being offered, Cinemark Mania and Meu Cinemark, depending on the User's region of residence;
q) “Password”: combination containing at least 6 (six) alphanumeric characters, individual, non-transferable and confidential, for User access to Cinemark Channels. For User security, it is recommended to create a complex Password, composed of letters, numbers and/or other characters;
r) “Services”: any activity or service provided by Cinemark through Cinemark Channels, through consideration from the User;
s) “Snack Bar”: POS of food products, drinks and promotional items offered by Cinemark, in accordance with the conditions established in these Terms of Use;
t) “Terms of Use”: terms and general conditions of use of Cinemark Channels by Users;
u) “User”: i) natural person, aged 18 (eighteen) years old, or 16 (years old), if emancipated, duly registered on Cinemark Channels, who enjoys, as a consumer, all the Products and Services offered by Cinemark; and ii) natural person, under 18 (eighteen) years of age and at least 12 (twelve) years of age, duly registered on Cinemark Channels, who uses certain Products and Services offered by Cinemark, but who cannot carry out transactions without being assisted by their legal guardians.
3.1. Through Cinemark Channels, the User will be able to take advantage of the Products and Services offered by Cinemark, including purchasing Tickets and other Products available at the Snack Bar or Cinemark Online Store, accessing Cinemark's exclusive Content Cinemark, participate in Cinemark Loyalty Programs, access your Registration, obtain discounts, obtain information about session times, films currently showing and being released on the Cinemark network, participate in promotions and cultural competitions, among other features
3. 2. The User acknowledges and agrees that Cinemark does not have any control over the means of internet connection in general, including for mobile devices, nor switching, transmission or routing, which is why it cannot be held responsible for interruption and/or voluntary unavailability or involuntary use of Cinemark Channels, even if this interruption and/or unavailability may cause possible losses to the User.
4.1. Cinemark Channels may provide areas of Content open to any User and areas of Content restricted to certain Users, such as the environment available only to participants in the Cinemark loyalty program or the purchasing environment of Tickets. In order for the User to access restricted Content, it may be necessary to register on Cinemark Channels, by creating a profile with Login and Password and providing certain Personal Data.
4.1.1. Cinemark Calendar registration is not to be confused with other registrations, and if the User wishes to purchase any Service or Product, they must register on the other Cinemark Channels intended for this purpose.
4.2. The Data Personal data collected for registration and the purpose of processing Personal Data are indicated in Cinemark's Privacy Policy, which is an integral part of these Terms of Use.
4.3. After submitting your Personal Data for Registration purposes , the User must choose a personal and non-transferable Login and Password, and may receive a confirmation email message to the email(s) provided on the Cinemark Channels or be notified via SMS, WhatsApp, push notification on App, among other methods, sent to the number provided on these Cinemark Channels.
4.4. The User is solely and exclusively responsible for all information provided by them when registering on Cinemark Channels, and may change, rectify or delete them at any time by accessing their personal Username and Password directly on the Website or App Cinemark Brasil, or formalizing a request via Contact Us.
4.4.1. The User is responsible for the accuracy and veracity of the Personal Data provided and recognizes that their inconsistency may result in the impossibility of accessing Cinemark Channels, Services, Products and Content.
4.4.2. The User also declares to be aware that the full and perfect enjoyment of the Products, Content and Services offered by Cinemark depends on their use by the User in a manner consistent with these Terms of Use, the Privacy Policy, and applicable laws .
4.5. Registration will only be permitted for individuals who qualify as Users under the terms herein.
4.5.1. When registering, the User expressly declares that they fall into one of the established age groups and cannot rely on their own turpitude or untrue information about them to the detriment of Cinemark
4.6. Cinemark may, for good reason, at its discretion, refuse the Registration of any User.
5.1. The User must maintain the confidentiality and secrecy of their Login and their access Password, adopting the necessary precautions and diligence to prevent their misuse by third parties.
5.1.1. The User assumes full responsibility for the custody, secrecy and good use of the registered Login and Password, exempting Cinemark from any responsibility related to the exclusive failure of the User.
5.1.2. The Login and Password may only be used by the registered User, being expressly Sharing the Login and/or Password with any third parties is prohibited.
5.2. In the event of loss, forgetfulness, loss, theft and/or theft of the User's Login and/or Password, the User must immediately , communicate the fact to Cinemark through Contact Us, [or directly by changing your Registration data directly on the Site.
5.2.1. The User whose Login and/or Password has been lost, lost, stolen and/or stolen remains responsible for the information in its name on Cinemark Channels, through Registration, until the moment of receipt of the communication provided above by Cinemark and/or change of Registration by User.
5.2.2. Once the User's email or phone call reporting the loss, loss, theft and/or theft has been received, Cinemark will immediately block the User's Login and/or old Password on Cinemark Channels, and may contact the User, via, for example, email, telephone, SMS, WhatsApp, push notification, message on a social network, among others, to recover their Registration or, alternatively, as the case may be, to carry out a new Registration.
6.1. Cinemark has the right, at any time and with justification, to cancel the Registration of any User, with their consequent exclusion from Cinemark Channels, without this generating any type of claim or right to compensation for part of the User excluded from Cinemark Channels.
6.1.1. Exclusion from Cinemark Channels does not eliminate the User's responsibility for losses and damages that, personally or by anyone under his responsibility, he has caused to another User or Cinemark, its partners, partners and/or employees.
6.2. The cancellation of the User's Registration will occur when - but not only - any of the following situations are verified:
a) inadequate, consistent operational procedure in, among other actions, issuing purchase orders for Products and Services that you do not intend to purchase, or that you do not have the condition or authorization to receive;
b) provision of untrue registration information, and/or contrary to good customs, the law and/or public order;
c) bad faith when negotiating with Cinemark;
d) violation, by any means or form, of the Terms of Use and Privacy Policy;
e) any fraudulent, illegal, immoral practice, contrary to public order and/or good customs; or
f) other situations that may be considered inappropriate by Cinemark or by legislation subsequent to the drafting of these Terms of Use and/or the Privacy Policy.
6.3. The civil, criminal and/or administrative liability, as well as the User's contractual obligations will continue even after canceling the Registration.
6.4. Any User may, at any time, request Cinemark, via Contact Us or directly through the App, to cancel their Registration for the purpose of closing their account with Cinemark Channels (“Cinemark Account”), simply by accessing “Account” >“My Data” and select the “Delete Account” option. Therefore, when choosing to delete the Cinemark Account from Cinemark Channels, the User:(i) you will no longer be able to purchase from our e-commerce, unless you re-register in the future, being able to use the same Personal Data, but opening a new Cinemark Account, unlinked and without the benefits eventually accumulated in the canceled Cinemark Account; (ii) you will need to cancel your membership to established loyalty programs, and, once canceled, you will no longer be able to use the program's points and benefits; (iii) you will need to cancel your subscription to ticket or snack requests to be redeemed; (iv) you will no longer receive communications from us about promotions and other notifications.
In the event of a request to cancel your Cinemark Account, or any request for the deletion of specific Personal Data (as provided for in the Privacy Policy), the protection by Cinemark of information and/or Personal Data whose maintenance is imposed on it due to legal and/or regulatory obligations or, also, whose maintenance is necessary to comply with a court order, within the scope of judicial and/or administrative proceedings and inquiries from third parties arising from the activities performed by the User on Cinemark Channels. Information on the manner and purpose of using Personal Data, details for exercising the right to delete Personal Data and other User Registration data can be found in Cinemark's Privacy Policy, which can be accessed at https:// www.cinemark.com.br/politica-de-privacidade .
We emphasize that the Cinemark Account cancellation request does not delete accounts and registrations with partners Méliuz, Elo and Gopoints with which the User has voluntarily registered. We recommend that the User places the order directly with such partners, if so desired.
6.4.1. In this case, the cancellation will be processed within a maximum period of 30 (thirty) days, counting from the date of receipt, by Cinemark, of the cancellation request.
7.1. The User may not perform the following actions while using Cinemark Channels
(i) any illegal acts and/or violation of current legislation;
(ii) acts contrary to morality and good customs;
(iii) violation of the rights of third parties;
(iv) violation of the rights of secrecy and privacy of others, as well as violation of rights involving Personal Data of third parties;
(v) acts that cause or encourage contamination or damage to any Cinemark and/or third-party equipment, including through viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created;
(vi) acts that directly or indirectly, in whole or in part, may cause damage or loss to Cinemark, any User and/or any third party; and
(vii) use of any corporate name, brand, domain name, slogan or advertising expression or any distinctive sign or intellectual property owned by Cinemark and/or third parties who have not authorized such use.
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9.1. Cinemark recognizes, under the terms of the Privacy Policy available on Cinemark Channels and applicable legislation, the confidentiality and security of the information provided by the User, striving to protect its confidentiality, except by force of law or court order.
9.2 To use Cinemark Channels, the User declares that they understand and are aware of the processing of their Personal Data by Cinemark and its commercial partners, as set out in the Privacy Policy published at https: //www.cinemark.com.br/politica-de-privacidade.
10.1. Once duly registered on Cinemark Channels, the User will be able to make purchases of Products and/or Services offered by Cinemark, directly through Cinemark Channels (including, without limitation, App, Website, Virtual Store, POS or ATM), through credit card(s), of your sole and exclusive ownership, as well as through new digital payment models that may be made available by Cinemark.
10.2. When registering the data of the (s) credit card(s) or new digital payment models on Cinemark Channels, the User declares that all payment information provided is true and accurate, authorizing Cinemark to store the data and charge for the Products and/or Services selected and contracted by the User. Cinemark may charge in advance, at the time of purchase or immediately after purchase.
10.2.1. Credit card(s) details or new digital payment models informed by the User may be stored on Cinemark Channels, and the User acknowledges, agrees and authorizes payment to Cinemark for the terms, periods and payment methods chosen after choosing the Services, Tickets and/or Products.
10. 3. Purchases through Cinemark Channels will be subject to availability: (i) of Tickets at the time of completion of the operation by the User, in accordance with the availability of sessions, rooms and seats available and visible to the User at the time of purchase; and (ii) of the Products at the time of redemption of the Voucher at the location chosen by the User, as well as approval of the payment method chosen by the User. Cinemark is not responsible for the lack of Products chosen by the User when redeeming the Voucher.
10.3.1. The purchase will only be made when the User receives, individually or cumulatively, the respective purchase confirmation via email, SMS, push notification or any other means chosen by Cinemark. Information regarding Products and/or Services, as well as any Vouchers purchased or received will be available on Cinemark Channels.
10.3.2. Only orders whose status is “TO BE REDEEMED” or “CONFIRMED”, as informed on Cinemark Channels, will be valid for redemption of Products or Services.
10.3.3. The order containing the QR Code or barcode and/or alphanumeric code will serve as a redemption Voucher for the Products selected by the User.
10.4. The Products and/or Services purchased by the User for their own use or to Gift Beneficiary Users, are individual and non-transferable, under penalties of the law, these Terms of Use and the Privacy Policy.
10.4.1. The User may, on their behalf, purchase more than one of the Products and/or Services through their Registration.
10.4.2. The User may purchase Products through Cinemark Channels to Gift third parties, through the “GIFT” option, indicating the data of the User Beneficiary recipient of the purchased Products who will receive a Voucher to redeem the Products.
10.4.3. Only the User, the original purchaser, will be able to request the full cancellation of the purchase, as well as only the Beneficiary Users, with active registration on Cinemark Channels, will be able to redeem the Voucher issued by the original purchaser User.
10.5. Products and/or Services purchased through Cinemark Channels may be subject to service fees, as well as convenience fees, which will be previously informed on Cinemark Channels themselves, and are subject to the regret and return policies described below.
10.6. The User, through their Registration on Cinemark Channels, will be able to purchase Products available at the Snack Bar directly through Cinemark Channels, which will issue a Voucher to collect the Products. The Voucher issued by Cinemark Channels must be presented when collecting the Products at the Snack Bar and is only valid at the establishment chosen by the User.
10.7. If the User purchases Products separately from the Services, the Voucher generated will have a maximum period of 7 (seven) days to be redeemed exclusively at the Cinemark establishment selected by the User. After a period of 7 (seven) days, the Product Voucher will appear as expired and it will be up to the User to request a refund of the Product values through Contact Us, within a maximum additional period of 30 (thirty) days. There is no refund of fees (including convenience fees) for an expired Voucher.
10.8. If the User withdraws from the purchase of a Product or Service, the User may exercise their right to regret and request Cinemark to cancel the purchase made in full, under the following terms:
10.8.1. In relation to Products purchased at the Snack Bar, within a maximum period of 7 (seven) days from the date of purchase, through Contact Us or Cinemark's own Channels. If cancellation is requested after the Voucher expiration date, the convenience fee will not be refunded.
10.8.2. In relation to Tickets purchased EXCLUSIVELY through the Website and/or App, this may only occur up to 2 (two) hours before the session chosen by the User at the time of purchase takes place. After this period of 2 (two) hours, the convenience fee, that is, neither the fee nor the ticket will be refunded to the consumer.
10.9. The User may request the issuance of an Invoice relating to the convenience fee, which will be issued with the User's CPF, duly registered on Cinemark Channels.
10.10. The Ticket purchased through Cinemark Channels will allow direct access to the theater, as long as it is presented to a Cinemark employee directly at the selected establishment, 9to validate your Ticket. The User must present the App or display the printed Ticket. The Ticket can be printed through the self-service terminals, when the function is available, or by going to the box office of the selected establishment and providing the data contained in the Voucher. Prints made outside of one of these channels are not accepted.
10.11. When applicable, the exercise of the right of withdrawal formalized by the User will be communicated by Cinemark to the financial institution, the credit card administrator or the administrator of the digital payment method, so that within 30 (thirty) days the transaction can be refunded the amount applicable. The processing of cancellation and refund of amounts will follow the procedures and deadlines established by the payment method chosen by the User, and may occur within 90 (ninety) days from the date of the refund request (in the case of credit cards, formalized on the User's invoice ).
10.12. Cinemark may, at its sole discretion, grant the User discounts and promotions when purchasing Products and/or Services.
11. TOLERANCE
11.1. Tolerance regarding any non-compliance with any of the provisions of these Terms of Use by any User will not constitute a waiver of Cinemark's right to demand compliance with the obligation, nor forgiveness, nor alteration of what is set forth herein.
11.1. Tolerance regarding any non-compliance with any of the provisions of these Terms of Use by any User will not constitute a waiver of Cinemark's right to demand compliance with the obligation, nor forgiveness, nor alteration of what is set forth herein.
12.1. Cinemark, at any time and at its sole discretion, regardless of prior communication to the User, may: (i) suspend, cancel or interrupt the User's access to Cinemark Channels; and (ii) remove , change and/or update in whole or in part the Cinemark Channels, as well as their respective Content; change, in whole or in part, or update, these Terms of Use
12.1.1. Any change or update to these Terms of Use will come into force from the date of its publication on Cinemark Channels and must be fully observed by Users
12.1.2. It is the User's sole and exclusive responsibility to consult the Terms of Use previously made available on Cinemark Channels.
12.1.3. Each time you access Cinemark Channels, the User expressly declares that they are aware of and agree to the conditions of these Terms of Use, as well as any revisions, modifications and/or additions to these Terms of Use.
13.1. These Terms of Use are governed in accordance with the laws of Brazil. Any disputes or controversies arising from any acts performed within the scope of the use of Cinemark Channels by Users, including in relation to non-compliance with these Terms of Use or violation of the rights of Cinemark, other Users and/or third parties, including intellectual property, confidentiality and personality rights, will be processed in the District of the Capital of the State of São Paulo, without prejudice to the User's right to opt for jurisdiction of your domicile.
These Terms of Use were last modified on January 26, 2021.
Cinemark Brasil S.A.
Av. Dr. Churchi Zaidan, n.º 920, 15th floor, Market Place Tower I
Vila Cordeiro, São Paulo/SP, CEP 04583-904