Please read the terms and conditions of our services before availing services from this site. By continuing to use and avail service on this site, you ("you" or "User") signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICEdtrong. These terms and conditions of Service ("Specific Terms") govern your visit(s) to https://www.nyumbacinema.com on the desktop or the mobile version thereof (the "Site") and avail our services. Use of our website (the Site) and / or any of the Services offered by us through the Site will be collectively referred to as the "Service". NYUMBA CINEMA and its affiliates (collectively "NYUMBA CINEMA", "we", "us" or "our") have adopted these Terms to ensure you know what to expect from your visit to our Venues or from the use of the Service or the Site.
OUR AGREEMENT; ACCEPTANCE OF TERMS
PLEASE READ THE TERMS CAREFULLY AS THEY REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND NYUMBA CINEMA. BY VISITING THE SITE OR VENUE OR BY USING THE SERVICE YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS.
WHEREAS NYUMBA CINEMA builds and/or aggregates entertainment spaces (the "Venue" or "Venues"), each of which with select facilities located within the same, like electronic equipment (including but not limited to speakers, projector, projector screen, digital media playback equipment, acoustic material, seating infrastructure, A/C and so on, hereinafter referred to as "Equipment") for hire by the User, and has made provisions for seating therein and is desirous of letting out the said Venue(s) for use by persons, who are desirous of utilizing the Venue and Equipment for the purpose of viewing Content, meeting the pre-defined prerequisites allowed by NYUMBA CINEMA, for a valuable consideration;
I. SUITABILITY OF SPACE
NYUMBA CINEMA makes no representation, warranty or agreement that the Venue(s), parking or ancillary facilities are suitable for User’s intended purpose. User acknowledges that it has inspected the Venue and agrees to accept the Venue as they are on the date of its booking, subject to such changes as NYUMBA CINEMA and User may agree to in writing.
II. PREREQUISITES OF USAGE
1. User represents that he/she is an adult and is legally allowed to use the Service(s) of NYUMBA CINEMA.
2. User represents that he/she has obtained all relevant licenses, permissions and certifications required for screening the content ("Content") to audiences that he/she wishes to invite for screening at NYUMBA CINEMA.
3. User assumes complete legal responsibility for all its Companions and represents that they are all personally known and are its own family members and/or friends and/or associates.
4. The User admits that it shall not screen or view any Content that is not permitted for view/display in Kenya (including but not limited to banned works, pornographic works etc.), nor shall it allow any Companions to view any Content where such Companions are prohibited from viewing the same (such as minors viewing ‘A’ certified works.)
5. User explicitly warrants that its use of the Venue(s) and the Equipment for playing the Content using any of the means mentioned in PERMITTED USAGE and for allowing third parties to view the Content is neither in violation of the intellectual property rights or any contractual rights of any third party, nor is it prohibited by any law for the time being in force and NYUMBA CINEMA assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on the User’s behalf.
6. User undertakes to abide by all such conditions as may be imposed on the User by applicable laws or under the terms of any Agreement or Arrangement to which the User is a party, under which the User is permitted to play the Content from person/entity having requisite permissions to allow the Content to be played for personal viewing and for exhibition to third parties.
7. User shall comply with all applicable laws, codes, regulations, rules and orders, and all regulations and policies of NYUMBA CINEMA. User shall obtain, at its expense, all required government licenses, permits and approvals except those licenses, permits and approvals to be obtained by NYUMBA CINEMA and disclose all potential liability issues related to Content including adult Content (or Content with nudity), and the use of any potentially dangerous equipment at the time of booking.
8. The User who has booked the Venue agrees to sign a WAIVER FORM for every booking, when presented to him/her.
III. PERMITTED USAGE
1. NYUMBA CINEMA hereby permits you, on payment of full Consideration for the scheduled period of time mentioned infra or in your the booking confirmation email, to occupy the Venue(s) as per the seating arrangement provided by NYUMBA CINEMA and to use only TERFLIX Equipment to access and play the Content using only the Equipment provided by NYUMBA CINEMA within its Venue(s), using your valid and subsisting decryption keys or other credentials OR that of your accompanying User who has valid and subsisting decryption keys or other credentials to view, access and play the Content.
2. Playback of the Content explicitly stated during the booking process is allowed. Playback of any other content is strictly prohibited.
3. NYUMBA CINEMA prohibits you from utilizing its venue(s) or for any other purpose other than what is described here.
4. No media formats other than those permitted by NYUMBA CINEMA (as indicated on the Website) can be used as Content source for playback at the Venues.
5. The User shall not infringe or breach or cause to be infringed or breached any copyright or performing right or any other protected right in connection directly or indirectly with the agreed use of the Content and the User must have obtained necessary permissions/consents from the copyright owner in relation to any activity which uses other works and the intellectual property in those other works vests in another party or another party was the author of those works. Further, the payment of all or any license fees to any bodies or to any person entitled to be paid license fees shall be the obligation of the User who undertakes to pay such license fees promptly as they fall due, and NYUMBA CINEMA shall have no obligation with respect to the same.
6. NYUMBA CINEMA may monitor your and your companions’ behavior and conduct within the Venue through CCTV cameras.
IV. PROHIBITED ACTIVITIES
It is prohibited for any person to use, sell, purchase or be under the influence of any illegal substance at the Venue (including external areas).
No user will do or permit to be done anything on the premises whereby the policy or policies of insurance on the Venue and/or its contents against damage by fire or otherwise may become void or voidable or whereby the rate of premium thereon may be increased and shall indemnify NYUMBA CINEMA and/or the relevant Venue in respect of all sums for which it may become liable by way of increased premiums and all expenses incurred in connection with or incidental to any such policy or policies by reason of any breach of this clause.
V. PERIOD OF USE
1. You may use the Venue(s) and / or the Services(s) solely during the time slot booked by you OR allotted to you by us, as the case may be (SCHEDULED USAGE), subject to the Terms agreed by you.
2. NYUMBA CINEMA may display advertisements anywhere in the Venue, including before, during or after the SCHEDULED USAGE.
3. Time spent by you and/or your companions during loading of your Content shall be part of the SCHEDULED USAGE and no additional time shall not be allowed for the same.
4. NYUMBA CINEMA reserves all rights to evict you and/or your companions from utilizing the Venue beyond the time slot booked by you and/or in case of any breach of these Terms.
In consideration for utilizing the Venue(s) and/or Service(s) offered by NYUMBA CINEMA for the aforementioned SCHEDULED USAGE, you agree to pay NYUMBA CINEMA such amount as would be informed by us to you at the time of your booking of the Venue(s) and / or the Service (s) (Consideration) and your entitlement for the Permitted Usage shall be subject to full payment of the Consideration.
VII. FACILITIES AND EQUIPMENT
- NYUMBA CINEMA will, subject to availability of direct electrical supply, provide the following facilities and equipment to the User within its Venue(s):
- Display apparatus and playback equipment, through which Content may be played back.
- Content playback control equipment, which the User can use to pause, rewind, forward, stop, change Content and to increase / decrease volume.
- Air Conditioning
- Drinking Water
- The User can request for training on how to use the Equipment from NYUMBA CINEMA.
- The User has to make use of the Equipment only as advised and explicitly allowed by NYUMBA CINEMA.
- Unless otherwise stated explicitly by NYUMBA CINEMA, the User should not touch, dismantle, remove, replace, displace, move, investigate, reconfigure, hack, tether, release, connect, disconnect, steal, borrow or take away any Equipment from the Hall.
- Any other facility and/or equipment as requested by the User well in advance, may be offered at a cost and at the sole discretion of NYUMBA CINEMA.
VIII. RIGHTS OF NYUMBA CINEMA
In addition to all rights referenced herein, NYUMBA CINEMA reserves and may exercise the following rights:
- To require User, or any of its companions, to leave the Venue if it feels that circumstances require it.
- To revoke the privilege to utilize the Venue(s), of any occupant whose conduct, solely in NYUMBA CINEMA’s opinion, becomes injurious to the community or other Users of NYUMBA CINEMA.
- To enter any part of the Venue(s) for the purpose of inspection, repair, or emergency.
- To amend its rules and regulations at any time as deemed necessary when it is in NYUMBA CINEMA’s best interest.
- To evacuate the Venue(s) (if required in the judgement of NYUMBA CINEMA), in which case the User will have the right to resume possession of the Venue(s) for sufficient time to complete playback of the Content without additional rental charge, provided such time does not interfere with applicable law, or with another User’s scheduled use of the Venue(s). If at the discretion of NYUMBA CINEMA, it is not possible to complete playback of the Content, rental shall be forfeited, prorated, or adjusted based on the circumstances and the User hereby waives any claim for damages or compensation from NYUMBA CINEMA related to such a decision.
- To distribute to the audience, announcements and literature concerning future attractions to be held in the Venue(s), whether such attractions are under the auspices of the User or not.
- To request for feedback from the User and/or any of the User’s companions in the form of a written statement, video or photo. NYUMBA CINEMA reserves the right to use the feedback in any way it wants, including usage in its online & offline media campaigns and the Site, without requiring further permission from the concerned User.
- To refuse rental to any individual, groups of individuals or organization based on previous payment history (whether with NYUMBA CINEMA or unrelated entities), breach of contract (whether with NYUMBA CINEMA or unrelated entities), logistics, usage demands or any other unexpressed reason. If a SCHEDULED USAGE is determined to be more than is feasible for NYUMBA CINEMA to accommodate, it has the right to refuse rental.
IX. GENERAL CONDITIONS OF USE
- User shall not sublet or assign spaces to any other entity. Booking NYUMBA CINEMA Venue(s) and selling tickets for vacant seats is strictly prohibited, unless the User owns copyright for the Content being played back during the booking period.
- The rights granted to the User under this Agreement shall not operate or be deemed to operate as a demise of the Venue and do not create a relationship of landlord and tenant. The User shall not have or be entitled to any right, estate or titles in the Venue save as expressly given in this Agreement.
- User shall not utilize the Venue for any purpose other than what is specified in this Agreement.
- User may use the Venue in a manner that would constitute public exhibition of the Content, only if it has obtained all the required permissions and licenses to do so. Nevertheless, the User shall be personally liable for all consequences arising from public exhibition of Content and User indemnifies NYUMBA CINEMA in respect of the same.
- User will assume all costs arising from the use of patented, trademarked, franchised or content, materials, devices, processes or dramatic rights exhibited by it on the Venue.
- User is responsible for any and all damages to NYUMBA CINEMA and its Venue(s) caused by acts of User or its companions, agents, employees, patrons and guests, whether accidental or otherwise.
- User agrees to leave the Venue in the same condition as existed before commencement of the SCHEDULED USAGE, minus ordinary wear & tear caused due to normal use. Any additional charges incurred because of unusual cleanup or incomplete technical restoration will be borne by the User. The minimum fee for such work is ₹10,000/- (Rupees Ten Thousand only), which User agrees is a reasonable estimate of the cost of such work. Abandoned items will be disposed of as refuse.
- User shall not assign, sublease or transfer any interest in this Agreement, or permit the use of the Venue(s) by any person other than User and its guests and invitees, without the prior written consent of NYUMBA CINEMA.
- It is the User’s responsibility to arrive at the Venue on time for the SCHEDULED USAGE and NYUMBA CINEMA is not obligated to entertain any request to extend the time of SCHEDULED USAGE on account of the User or its companions arriving late at the Venue.
- However, in the event that of the Venue(s) and / or the Service(s) being unavailable for use exactly at the stated booking time after the arrival of the User, we shall extend the SCHEDULED USAGE time booked by or allotted to you by such duration as may have been lost due to the unavailability of the Venue(s) and / or the Service(s).
- Any payments made to NYUMBA CINEMA through third party online payment service providers such as PayUMoney shall be at the sole risk of the User and NYUMBA CINEMA shall not be responsible for any incident occurring from the use of such third party online payment services by the User.
X. WAIVER OF LIABILITY
NYUMBA CINEMA shall not be liable or responsible in any way for and User hereby waives all claims against NYUMBA CINEMA with respect to or arising out of any death or any injury that may be suffered or sustained by User or any companion, employee, invitee, guest or agent of User or any other person as a result of any actions or in-actions of User, directly or indirectly, or any loss or damage or injury to or theft or loss of any property belonging to User or any companion, employee, invitee, guest or agent of User in the Venue, including but not limited to any property placed by User in or about the Venue. The provisions of this paragraph shall survive the termination of this Agreement with respect to any damage, injury, illness, or death occurring prior to such termination of this Agreement.
XI. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
NYUMBA CINEMA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE VENUE(s) AND/OR EQUIPMENT WILL BE UNINTERRUPTED OR ERROR-FREE AND THE USER AGREES THAT NYUMBA CINEMA MAY REMOVE/SUSPEND THE USAGE OF THE VENUE(s) AND/OR THE EQUIPMENT FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO USER. USER EXPRESSLY AGREES THAT ITS USE OF, OR INABILITY TO USE, THE VENUE AND/OR THE EQUIPMENT IS AT ITS SOLE RISK. THE VENUE(s) AND/OR THE EQUIPMENT(s) (EXCEPT AS EXPRESSLY STATED BY NYUMBA CINEMA) IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE BY THE USER, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO CASE SHALL NYUMBA CINEMA, ITS OWNERS, PROMOTERS, INVESTORS, SHARE HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USER’S USE OF THE VENUE(s) AND/OR EQUIPMENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USER’S USE OF THE VENUE(s) AND/OR THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE VENUE(s) AND/ OR THE EQUIPMENT OR ANY PART THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY.
NYUMBA CINEMA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY USER IN CONNECTION WITH THE USAGE OF THE VENUE(s) AND/OR THE EQUIPMENT, BUT USER AGREES THAT ITS SUBMISSION OF SUCH INFORMATION IS AT ITS SOLE RISK AND NYUMBA CINEMA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO USER FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
NYUMBA CINEMA DOES NOT REPRESENT OR GUARANTEE THAT THE USAGE WILL BE FREE FROM INTERFERENCE AND NYUMBA CINEMA DISCLAIMS ANY LIABILITY RELATING THERETO TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW AND IN NO CASE SHALL IT EXCEED THE AMOUNT OF CONSIDERATION PAID BY THE User UNDER THIS AGREEMENT.
THE USER MUST TAKE GOOD CARE OF THE VENUE AND OF THE EQUIPMENT AND OTHER FACILITIES IN IT. USERS ARE REQUIRED TO RETURN THE VENUE TO NYUMBA CINEMA IN THE CONDITION THAT THE VENUE WAS PROVIDED TO THEM. USERS ARE RESPONSIBLE FOR THEIR OWN BELONGINGS, AND NYUMBA CINEMA DOES NOT ACCEPT RESPONSIBILITY FOR ANYTHING THAT YOU BRING INTO THE VENUE AND/OR LEAVE WITH OUR STAFF.
NYUMBA CINEMA OBTAINS INSURANCE WITH RESPECT FOR CLAIMS ARISING DUE TO ITS OWN NEGLIGENCE. IT DOES NOT CARRY THIRD PARTY INSURANCE TO COVER OTHER GROUPS. THE USER SHALL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY TO THE VENUE OR ANY PROPERTY THEREIN, OR INJURY OR HARM TO PEOPLE THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE VENUE. NYUMBA CINEMA SHALL NOT BE LIABLE FOR ANY LOSS DUE TO BREAKDOWN OF MACHINERY, FAILURE OF POWER SUPPLY, LEAKAGE OF WATER, FIRE, GOVERNMENT RESTRICTION, ACT OF GOD, STRIKES OR LOCK-OUTS, STRIKES/BANDHS OR ANY EVENT OUT OF THE CONTROL OF NYUMBA CINEMA, WHICH MAY CAUSE THE VENUE(S) TO BE TEMPORARILY CLOSED OR YOUR EVENT TO BE INTERRUPTED OR CANCELLED.
THE USER ACKNOWLEDGES THAT BEYOND THE LICENSES AND PERMITS REQUIRED TO OPERATE THE VENUE(S) AS COMMERCIAL SPACES, NYUMBA CINEMA DOES NOT, AND IS NOT REQUIRED TO HOLD ANY PERMISSIONS. THE USER REPRESENTS AND ACKNOWLEDGES THAT IT HAS THE NECESSARY RIGHTS AND PERMISSIONS TO SCREEN THE CONTENT BEING DISPLAYED OR VIEW BY IT AND HAS EVALUATED THE RISKS (IF ANY), AND IN THE EVENT OF ANY ACTION AGAINST THE USER AND/OR NYUMBA CINEMA, THE USER SHALL BE SOLELY LIABLE.
User, to the fullest extent permitted by law, shall defend, hold harmless and indemnify NYUMBA CINEMA and its affiliates, trustees, directors, officers, members, partners, principals, employees and agents against any and all claims, demands, causes of action or damages, including attorney’s fees (collectively, "Claims"), arising out of or relating to any of the obligations undertaken in connection with this Agreement, including but not limited to
- Any breach of this Agreement;
- Any actual or alleged injury or death to a person and/or loss of or damage to property caused directly or indirectly, wholly or in part by a party, its officers, directors, trustees, agents, contractors, employees or representatives; and
- Any damage arising out of or in the course of or in connection with the use of the Venue by the User, either directly or indirectly.
If, through any cause, User fails to fulfill in a timely and proper manner any of User’s obligations under this Agreement or if it is found to have misrepresented to NYUMBA CINEMA, NYUMBA CINEMA has the unilateral right to terminate this Agreement without giving written notice to User of such termination, with or without refund of the Consideration as per the sole discretion of NYUMBA CINEMA.
XIV. FORCE MAJEURE
Neither User nor NYUMBA CINEMA shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable circumstances the effect of which by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable circumstances" shall mean: any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, acts of other governing authorities, fire, flood, earthquakes, weather, lightning, epidemic, war, terrorism, riot, civil disturbance, sabotage, police action, inability to procure permits, licenses, or authorizations from any state, local, or other statutory agency by NYUMBA CINEMA, strikes, work slowdowns or other labor disturbances, and judicial restraint. In the event of an uncontrollable circumstance, the party unable to perform shall immediately notify the other party and shall resume performance of its obligations immediately upon cessation of the uncontrollable circumstance. In the event the Venue or any part thereof shall be destroyed or damaged by fire or any other uncontrollable circumstances and such destruction or damage shall render the fulfillment of this Agreement by NYUMBA CINEMA reasonably or practically impossible, then and thereupon this Agreement shall terminate and the User shall pay rental for the Venue(s) only up to the time of such termination at the rate herein specified. User hereby waives any claim for damages or compensation should this Agreement be so terminated.
XV. ENTIRE AGREEMENT
- This Agreement contains all the terms and conditions agreed upon by the parties hereto regarding the subject matter of this Agreement.
- Any prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this Agreement not expressly set forth in this Agreement are of no force or effect.
- No changes, amendments, or alterations shall be effective unless agreed to in writing by both parties.
Every provision of this Agreement is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
XVII. GOVERNING LAW AND DISPUTE RESOLUTION
- This Agreement shall be governed by the prevalent law in Kenya and the courts shall have the jurisdiction to try any disputes arising out of or from this Agreement.
- The expressions used in this Agreement shall be gender neutral and any reference to the plural shall, where appropriate and not repugnant to the context, refer also to the singular.
XVIII. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- All Content on the Service provided by NYUMBA CINEMA and its licensors, including, but not limited to, designs, text, images, photographs, illustrations, artwork, graphic material, video, applications, software, music, sound and other Content (collectively, "NYUMBA CINEMA Content"), together with the User interface, and the selection and arrangement of the Service, are the proprietary property of NYUMBA CINEMA and its licensors and are protected by Kenyan copyright and other intellectual property laws and by international treaties.
- Logos, trademarks, brand-names and other Content of external entities are copyrights of those external entities.
- No NYUMBA CINEMA or Third Party Content displayed by NYUMBA CINEMA on this website, its social media pages or via any communication mediums may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of NYUMBA CINEMA or NYUMBA CINEMA’s licensors. Any unauthorized use of NYUMBA CINEMA Content or violation of this provision is a material breach of the Terms and may be a violation of applicable law. Nothing in these Terms is to be construed as transferring or licensing any of NYUMBA CINEMA’s intellectual property rights to you, whether by estoppel, implication or otherwise.
XIX. YOUR CONDUCT
- You must not
- Select or use an account name, contact information, email address of another person, including address and telephone numbers, with the intent to impersonate that person;
- Select or use an account name, email address or telephone number that is subject to the rights of another person without authorization;
- Use an account name in violation of the intellectual property rights of any person; or
- Use an account name that we, in our sole discretion, deem offensive.
- Any of your conduct that restricts or inhibits any other visitor from using or enjoying the Service, as determined by us in our sole discretion, will not be permitted. You agree to use the Service only for lawful purposes. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. No unauthorized advertisements, pornographic materials, or junk mail is permitted.
XX. USER PURCHASES
You agree that all purchases made by you through the Service are subject to the terms applicable to those purchases.
XXI. USER CONTENT
- Use of the Service will also allow you to post comments, recommendations and other statements through external social networks and similar third party Web sites, such as Facebook, Twitter, YouTube, and Google Plus (all such statements will be collectively referred to as "User Content"). The opinions expressed as a part of User Content are the views of the User posting the message and do not reflect NYUMBA CINEMA’s opinions. NYUMBA CINEMA does not necessarily endorse, support, sanction, encourage, verify or agree with the User Content posted on the Service. NYUMBA CINEMA is not responsible for the materials posted by users.
- You represent that your User Content does not misappropriate or infringe upon a third party’s intellectual property rights (including, but not limited to, copyright, trademark, trade secret or other proprietary rights), violate the privacy or publicity rights of a third party, or contain defamatory or otherwise unlawful material. You represent that your User Content is not confidential.
- Although NYUMBA CINEMA does not claim ownership of User Content, by posting any User Content to a public area of the Service, you automatically grant NYUMBA CINEMA a worldwide, non-exclusive, perpetual and irrevocable, freely transferable and sub-licensable (through multiple tiers), royalty free right and license to use, copy, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, via the Service or otherwise, for any purpose, without any compensation. You also represent that you have the right and authority to grant such a license.
XXII. MONITORING THE SERVICE
We have the right, but not the obligation, to monitor the User Content posted on the Service to determine compliance with these Terms and any other operating guidelines or policies established by us. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content submitted to or posted in the public areas of the Site. Without limiting the foregoing, we have the right to remove any User Content that we, in our sole discretion, find to be in violation of these Terms, our guidelines and policies or otherwise objectionable. Notwithstanding these rights, you are solely responsible for your User Content.
XXIII. NOTICE OF VIOLATION OF TERMS
Please report any violation of the Terms by sending an email to firstname.lastname@example.org.