Cherry Theatre

1. Terms of Service

By using and/or visiting this website (collectively, including all content and functionality available through the cherrycredits.com domain name, the "Websites" and other sites owned, operated or controlled by Cherry Credits Pte Ltd., the "Websites"), you signify your agreement to (1) these Terms of Service (the "Terms of Service"), Cherry Credits’ Privacy Policy at http://www.cherrycredits.com/privacy_policy/ and Cherry Credits’ Terms and Conditions http://www.cherrycredits.com/terms_conditions/

These terms govern your access and use of the Websites and the Cherry Theatre content.

Although Cherry Credits may attempt to notify you when major changes are made to these Terms of service, you should periodically review the most up-to-date version at http://www.cherrycredits.com/terms_conditions/. Cherry Credits may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modification or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Definition:

"Intellectual Property Rights" means copyright, patents, trademarks, industrial design and other intellectual property rights.
Cherry Theatre "Content" means the services, videos, images, graphics, audio content, software, information, and other content and materials offered, or delivered from time to time on, through or in connection with Cherry Credits’ Websites; and includes, for the avoidance of doubt, any such content and materials offered or delivered to you by electronic mails, or any other method or technology.
"Cherry Theatre" refers to the website at http://theatre.cherrycredits.com/

"Partner Content " means videos, music, information, compilations, images, software, and other content and materials submitted or transmitted by partners using the Websites or Cherry Theatre Content.

2. Use of Cherry Theatre

  1. In order for you to use and/or access Cherry Theatre, you must comply with Cherry Credits Terms and Conditions and Cherry Theatre’s Terms of Service. You are permitted to use and access the Websites and the Cherry Theatre Content strictly for your own personal and non-commercial enjoyment.

  2. All Intellectual Property Rights and other rights not expressly granted to you under the Terms of Service are expressly reserved by Cherry Credits and its partners.

  3. You are only permitted to purchase and view the Content made available to you on Cherry Theatre if you comply with the Terms of Service. You must use the Website for the purpose for which it was made available to you. You do not have any right to, and you must not:

    • make any back-up copy of the Contents
    • save, cache, copy, reproduce, change, alter, modify, or create any derivative work of Contents
    • reverse engineer, decompile, or disassemble the Contents;
    • provide commercial service using the Contents
    • lend, rent, lease, sub-license any part of the Contents
    • make any part of the Contents available for download (from any computer or server or network) or distribute the Content in any way;
    • exploit any Contents in any way for any personal or other gain; or
    • hyperlink or deeplink to the Cherry Credits web directory or location of where such Content can be found.

  4. You must not remove or obscure any copyright or trademark notice or other proprietary notices on or in the Content. All notices must be duplicated on all authorized copies as they appear on or in the source copy of the Content.

  5. For Cherry Theatre Content, you are permitted to only view and/or listen to such Content.

  6. For the Websites and all the Cherry Theatre Content the following restrictions will apply:

    • Except with permission from Cherry Credits, you must not display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any part of the Websites or the Cherry Theatre Contents.
    • You must not lend, rent, lease, or sub-license any part of the Websites or the Cherry Theatre Content.
    • You must not make any part of the Websites or the Cherry Theatre Content available for download (from any computer or server or network), or distribute any part of the Websites or the Cherry Theatre Content.
    • You must not exploit any part of the Websites or the Cherry Theatre Content for any personal or other gain.
    • You must not frame or deeplink on or from any other website to any part of the Websites or the Cherry Theatre Content

  7. For the Websites and all the Cherry Theatre Content the following restrictions will apply:

    • assume a false identity or the identity of some other registered user to use or access the Websites and all the Cherry Theatre Content;
    • use any device, software or routine to interfere or attempt to interfere with the proper working of any part of the Websites and all the Cherry Theatre Content;
    • take any action that imposes an unreasonable or disproportionately large load on Cherry Credits’ infrastructure, or that damages, disables overburdens, or impairs any part of the Websites and all the Cherry Theatre Content;
    • take any action that interferes with any other person's use of any part of the Websites and all the Cherry Theatre Content;
    • use any robot, spider, other automatic device, or manual process to monitor or copy any part of the Websites and all the Cherry Theatre Content;
    • use any part of the Websites and all the Cherry Theatre Content for sending out unsolicited e-mails; or
    • use any part of the Websites and all the Cherry Theatre Content in any way that will or could:
    • violate, or that will or could result in Cherry Credits or its partners in violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
    • cause any form of loss or damage to any Cherry Credits or its partners or any third party (including, without limitation, loss of reputation and goodwill); or
    • create any liability for any Cherry Credits or its partners or cause any Cherry Credits or its partners to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of goods and/or services.

  8. You will be responsible for obtaining your own Internet connection and providing your own communications equipment to access the Websites and Cherry Theatre Content. You will also be responsible for bearing all charges imposed by your Internet and/or telecommunication service providers for you to access the Websites and Cherry Theatre Content.
3. 3. User Accounts – Cherry Exchange
  1. Cherry Theatre Content are only available to users with a Cherry Exchange. Cherry Exchange is an account for accessing and making purchase with Cherry Credits related partners and website. For more information, refer to Cherry Credits’ Terms and Conditions. If you do not already have a Cherry Exchange, you can sign up by clicking on this https://exchange.cherrycredits.com/

  2. The applicable purchase fees and other charges relating to your purchase of Cherry Theatre Content can be found at the Cherry Theatre Website. These purchases must be made using Cherry Credits virtual credits known as (“CC”). To find out where you can purchase CC, visit http://www.cherrycredits.com/sg/wheretobuy.aspx

  3. You warrant that all information provided by you to Cherry Credits is true, correct and complete at the time of submission. If, after your provision of the information, there any changes to the information, you agree to provide Cherry Credits with the true, correct and complete updated information as soon as possible.

  4. Your User Account is personal to you. You must not:

    • disclose your login ID or password to any other person;
    • allow any other person to use or share your User Account; or
    • access the Cherry Theatre Content through your Cherry Exchange from more than one computer at the same time.

  5. The use of your Cherry Exchange for Cherry Theatre is subject to the same restrictions and permissions on the use of the Websites and the Cherry Theatre Content as set out in the other Sections of the Terms of Service.
4. Intellectual Property Rights
  1. The Intellectual Property Rights in the Websites and Cherry Theatre Content are owned by and remain the property of Cherry Credits and its partners. These Intellectual Property Rights are protected by the laws of Singapore and international treaty provisions.

  2. The company names, trade marks, service marks and logos (collectively, " Trade Marks ") used and displayed on the Websites are registered and unregistered Cherry Credits and its partners. Nothing in the Terms of Service, the Websites, or the Cherry Theatre Content grants you (whether by implication, estoppel, or otherwise) any license or right to use any of the Trade Marks displayed on the Websites or belonging to Cherry Credits or its partners. Without affecting the foregoing, you must not:

    • use the Trade Marks to hyperlink, "hot" link or in-link to any website (including those owned or operated by Cherry Credits or its partners) unless the establishment of such a link has been approved in advance by Cherry Credits;
    • use the Trade Marks in any way (including in advertising or publicity pertaining to the posting, submission and/or transmission of your User Content) without the prior written permission of Cherry Credits.

5. Warranties
  1. The Websites and the Cherry Theatre Content are made available for your convenience and on an “as is, as available” basis. You use and rely on the Websites and the Cherry Theatre Content, and any goods or services that may be available, advertised and/or sold through the Websites, solely at your own risk.

  2. Cherry Credits and its partners makes no representation or warranty, whether express or implied, in relation to the Websites, the Cherry Theatre Content, or any goods or services that may be available, advertised and/or sold through the Websites. All such representations and warranties are excluded to the extent permissible by applicable law. This exclusion covers, without limitation, representations and warranties of merchantability, fitness for any purpose, accuracy, availability, and non-infringement, and warranties from course of dealing or usage of trade.

  3. Without affecting the generality of Section 5(a) or 5(b) above, none of the Cherry Credits or its partners warrants that:

    • your use of or access to the Websites or Cherry Theatre Content will be uninterrupted, continued or secure;
    • the Websites or Cherry Theatre Content will be error free and free from viruses, Trojan horses, worms, time bombs, cancel-bots and other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
    • the Websites or Cherry Theatre Content, or any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Websites or available though any link on the Websites, is accurate, complete, or reliable.

  4. none of Cherry Credits and its partners are responsible for, and all Cherry Credits and partners exclude to the fullest extent permitted by law, any liability for:

    • any delay, failure, or inability to gain access to or use the Websites or Cherry Theatre Content for any reason whatsoever;
    • the connection or access to the Websites by you or the quality of the transmission of any information passing between you and the Websites;
    • any goods or services that may be available, advertised and/or sold through the Websites, or any advertisements or offers for such goods or services;
    • any and all third party services or websites not controlled by Websites, even if they are linked to or accessed through the Websites;
    • any inaccuracy or error, or computer virus or other invasive or damaging code in the Websites or Cherry Theatre Content (including, without limitation, any information or functionality generated or obtained through the Websites or Cherry Theatre Content); or
    • any damages, expense, claim, cost or loss of any kind (including without limitation loss of revenues, profits, business, opportunity or data, and incidental, indirect, consequential, special, punitive or exemplary loss or damages), howsoever arising, whether in contract, tort or otherwise.
    • To the extent the exclusions of liability in Sections 5(a) and 5(b) above are not permitted by law, then the aggregate cumulative liability of all Cherry Credits and its partner will be limited to the amount you paid Cherry Credits, if any, for use of the Websites or Cherry Theatre Content.
6. Indemnity

You agree to defend, indemnify and hold harmless Cherry Credits, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms and Service; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Service and your use of the Website.

If there is any third party claim, demand or suit against any Cherry Credits and its partners, for which Cherry Credits and its partners are entitled to indemnification under this Section 6, you agree to provide such assistance as is reasonably requested by Cherry Credits to defend against the third party claim, demand or suit.

7. Termination

Your rights under the Terms of Service will remain effective until terminated.

Your rights under the Terms of Use may be terminated immediately by notice to you (in any mode of communication) from Cherry Credits. Your rights under the Terms of Use will terminate automatically without notice from Cherry Credits if you fail to comply with any provision of the

Terms of Service or any agreement for any Cherry Theatre Content.
Upon termination, access to Cherry Theatre Content will be limited and you must promptly de-install, delete and destroy all copies of any Cherry Theatre Content that you might have
downloaded, installed, saved, printed or reproduced in any medium.

8. General

You agree that: (i) the Website shall be deemed solely based in Singapore; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Cherry Credits, either specific or general, in jurisdictions other than the country of Singapore. These Terms of Service shall be governed by the internal substantive laws of the country of Singapore, without respect to its conflict of laws principles. Any claim or dispute between you and Cherry Credits that arises in whole or in part from the Website or these Terms of Service shall be decided exclusively by the local jurisdiction of Singapore. These Terms of Service, together with the Privacy Policy at http://www.cherrycredits.com/en/privacy_policies/ and the following terms of service: (A) Terms for http://www.cherrycredits.com/en/terms_conditions/, and any other legal notices published by Cherry Credits on the Website, shall constitute the entire agreement between you and Cherry Credits concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Cherry Credits reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.


Last Updated: August 2008