Terms Of Use

These Terms of Use (the "agreement" or “Terms of Use”) are between you and GQT Movies ("we," "us," and "our"). This agreement sets forth the terms and conditions upon which we make available gqtmovies.com and its contents and offerings to you (the “site”).

PLEASE NOTE: The site is intended for use by residents of the United States and Canada, excluding residents of the Province of Quebec, who are at least 13 years of age. Read carefully below before using the site. Note also that our use of your personal information is governed at all times by our Privacy Statement which is available at gqtmovies.com. See below for requirements relating to how disputes between you and GQT Movies are resolved.

Amendments to this agreement will be posted on the site. To the maximum extent allowed by law and except as otherwise expressly provided at the time of such amendment, such amendments are effective when posted. Your continued use of the site following the posting of any amendment shall constitute your acceptance thereof. If you do not agree to the terms of this agreement or any amendment, do not use the site.

Subject to compliance with the agreement, including but not limited to applicable age and residency restrictions, you have a limited, non-transferrable, non-sublicensable and revocable license to access and use the site for its intended purpose which shall be for your personal use and not, for example, for reselling or outsourcing the site’s functionality or otherwise using it as a service bureau or data center. You may print copies of site materials as reasonably necessary for permitted use of the site, but such copies shall not be distributed to others. Uses of the site not expressly authorized herein are prohibited.

You agree to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product obtained through the site. Subject to applicable law, GQT Movies reserves the right, with or without prior notice, to do any one or more of the following: (A) limit the available quantity of, or discontinue any offering of, any product or promotion; (B) impose conditions on the honoring of any gift card or promotion; and (C) bar you from making or completing any or all transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions.

Some portions of the site require you to register and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and accurate. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.

We reserve the right to take such action in our discretion to help ensure the security of the site, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (A) any action or inaction of GQT Movies under this provision or (B) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by GQT Movies’ breach of the express terms of this agreement, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.

  • Types of Messages
    • Promotional
    • Informational
    • Marketing Content
  • Message Frequency
    • Users will receive messages: Weekly
  • Potential Charges
    • Message and data rates may apply
  • Unsubscribe Instructions
    • To stop receiving messages, text STOP
    • For assistance, text HELP
  • Privacy Statement

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the site are subject to change at any time without notice.

All purchases and sales of movie tickets and gift cards are final.

GQT Movies may, from time to time, offer contests or promotions, the terms and conditions of which shall be set forth in the official rules of each contest or offer terms of each promotion. Except to the extent indicated in the official rules or offer terms, the agreement will govern such contest or promotion.

You agree not to: (A) access or attempt to access any information, documents, images, software or material (individually and collectively, “materials”) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available through the site; (B) disrupt or interfere with the security of, or otherwise cause harm to the site, or to any materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the site or any affiliated or linked websites; (C) access or use the site in any manner that could damage, disable, overburden or impair any server or network used by GQT Movies in connection with the site; (D) use any materials in connection with the site in any manner that infringes upon any intellectual property rights or other rights of any party; (E) transmit unsolicited or bulk communications to any GQT Movies’ account holder or to any gqtmovies.com e-mail address or other e-mail addresses associated with GQT Movies; (F) post or otherwise submit any software, programs or materials via the site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (G) disrupt, interfere with or inhibit any other user from using and enjoying the site or other websites, materials or services associated with GQT Movies; (H) violate any applicable laws or regulations related to the access to or use of the site, and/or engage in any activity prohibited by this agreement; (I) compile, use, download or otherwise copy any materials available on the site (except as expressly permitted by the agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such materials to any third party; (J) use the site to engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (K) use any robot, spider, or other programmatic or automatic device, to obtain information from the site or otherwise monitor or copy any portion of the site; (L) frame, mirror, or use framing techniques on any part of the site without GQT Movies’ express prior written consent; (M) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing site materials, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by this agreement, use any materials; (N) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the site; (O) remove any copyright, trademark, or other proprietary rights notice from the site or materials; and/or (P) use any GQT Movies’ domain name as a pseudonymous return e-mail address.

These examples of prohibited conduct are illustrative and are not exhaustive. GQT Movies reserves the right to take action, up to and including terminating a user’s account, if the user is determined, in GQT Movies’ sole discretion, to have engaged in prohibited conduct or otherwise violated this agreement.

To the maxium extent permitted by applicable law, GQT Movies, it's affiliates, employees, directors, officers, members, managers, agents, representitives, service providers, suppliers, and merchants (GQT Movies and such other individuals and entities individually and collectively reffered to as "GQT Movies-related parties") shall not be responsible for, nor be liable to you or any third party for, any indirect, incidental, consequental, special, exemplary, or punitive damages or lost profits arising out of or relating in any way to the site, or information contained within the site, including but not limited to, your conducting of any transactions by or through the site. Additionally, to the maximum extent authorized by law, the total aggregate and combined liability of the GQT Movies-related parties shall be limited to the amount of money, in any, that you expended, in connection with the transaction or event giving rise to the claim. The foregoing limitations apply irrespective of whether a claim is brought under contract, tort, warranty or other theory. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have the rights in addition to those, contained herein. In such jurisdictions, GQT Movies-related parties' liability is limited to the maximum extent allowed by law.

You agree and acknowledge that use of the site is without warranty of any kind and that the access to and use of the site, as provided under the terms of use, is provided “as is” and “as available” basis, to the full extent permissible by applicable law. All warranties are hereby disclaimed, including but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, and warranties based on custom or practice. Applicable law may not allow the above exclusion of implied warranties, so the exclusion may not apply to you and shall apply only to the maximum extent allowed by law. no advice or information, whether oral or written, obtained by any user from GQT Movies or the site shall create any warranty not expressly stated herein.

For the avoidance of doubt, and without limiting the foregoing, GQT Movies cannot and does not represent or warrant that the site, its server, or user content will be error-free, uninterrupted, timely, secure, free from viruses and other harmful components, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

We may display on the site user content, information, instructions, videos, services, products, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by GQT Movies or its affiliates of any content of the linked third-party website, and GQT Movies does not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither GQT Movies nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites.

In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any third-party content displayed on the site, any products, services or other materials relating to any such contant, any linked third-party site, or any link contained in a linked sit.

You agree to defend, indemnify and hold harmless GQT Movies, its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site (but excluding claims resulting from our breach of this agreement), including without limitation, any information or content you submit to the site, any material you download from the site or any interference with the operation of the site.

By submitting any comment, idea, suggestion, response to questionnaires or other material to the site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by GQT Movies will not infringe on or violate the rights of any third party.

GQT Movies, the GQT Movies logo, and other marks, logos, graphics, and trade dress used on the site are GQT Movies’ trademarks or the trademarks of third-party affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the site, such as text, graphics, images, audio clips, video, data, music, software, and other materials, is owned or licensed property of GQT Movies or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such materials except as expressly permitted in the agreement.

Except as explicitly stated otherwise, any notices you send to GQT Movies shall be sent by e-mail and regular mail at the addresses listed in the paragraph immediately below. In the case of notices GQT Movies sends to you, you consent to receive notices and other communications by GQT Movies posting notices on the site or sending you an e-mail at the e-mail address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that GQT Movies provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please note the following: (A) GQT Movies is located at 4417 Broadmoor Ave SE Kentwood, MI 49512; (B) the fees charged for GQT Movies products and/or services vary depending on the services selected by you; and (C) if you have a question or complaint regarding this site or GQT Movies products or services, please send an e-mail to feedback@gqtmovies.com. You may also contact us by writing to the address above, or by calling us at (800) 473-3523. In accordance with California Civil Code 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

In the event a dispute arises between you and GQT Movies, as a condition precedent to bringing any litigation, you and GQT Movies agree to first contact each other at the address provided above for GQT Movies, and at the e-mail address provided by you in connection with your account, and provide a written description of the problem, how the party has been harmed, what the party is demanding, a statement of the merits of the claim, and a proposed resolution. In the event the proposed resolution is not acceptable, you and GQT Movies, shall, within thirty (30) days, make good faith efforts to resolve the matter through in person or telephonic negotiation between you and a representative of GQT Movies (either side may have, in addition to the parties, a lawyer present also) involving at least one session of at least one hour in duration if the matter does not settle earlier or without the need for an hour of negotiation. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.

This agreement shall be governed and interpreted in accordance with the substantive law of the state of Michigan without regard to its conflict of law provisions. The parties agree that, to the maximum extent enforceable under applicable law, any litigation regarding use of the site and these Terms of Use shall be brought in the state or federal courts in Grand Rapids, Michigan. The Terms of Use has been written in the English language, and you agree that this English language version will govern your use of the site, dispute proceedings, and other matters described in the Terms of Use.

GQT Movies shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.

You may not assign the Terms of Use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of GQT Movies. GQT Movies may freely assign the Terms of Use, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between GQT Movies and you with respect to the subject matter hereof.
We respect the intellectual property rights of others, and ask you to do the same. If you believe that your work has been posted on the site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (A) the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the site; (B) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the site, such as the URL where such material may be found on the site); (C) your street or mailing address, telephone number, and, if available, email address; (D) the following affirmation (if true): "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."; (E) the following affirmation (if true): "I hereby state that the above information in this notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed."; (F) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this agreement is found to be invalid or unenforceable, this agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by GQT Movies to enforce any provision of this agreement shall be a waiver of any of our rights under this agreement.

If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process.

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

CinemaPlus Platform Integration Addendum

Appended to Independent Operator Terms of Service

CinemaPlus Platform Services; Integration of Governing Documents

[GQT Movies] ("Operator") uses software, ticketing, commerce, and related platform services provided by CinemaPlus, LLC, a Nevada limited liability company ("CinemaPlus"), to operate, host, or support certain features and functionality made available through this website, mobile application, point-of-sale system, or other consumer-facing interface (collectively, the "CinemaPlus Services"). By accessing or using any CinemaPlus Services through or in connection with Operator's platform, you acknowledge that your relationship is governed by a layered framework of documents as set forth in this CinemaPlus Platform Integration Addendum (this "Addendum"), and you agree to be bound by each document applicable to your use as described below.

1. Governing Document Framework; Scope and Applicability.

The following documents govern your access to and use of the CinemaPlus Services and your transactions with Operator, each within its defined scope:

(a) This CinemaPlus Platform Integration Addendum is appended to and made a part of the Operator's terms of use, terms of service, privacy policy, refund policies, cancellation policies, loyalty and reward program policies, venue rules, or similar term, as the case may be (collectively, the "Operator Terms"), which are (i) presented above or below; (ii) made available on the Operator's website; (iii) made available through the Operator's services or platform; or (iv) otherwise published by the Operator and made available to users prior to or at the time of their use of the CinemaPlus Services.

(b) The Operator Terms govern your relationship with Operator and all Operator-specific aspects of your experience, including Operator's venue rules, event policies, Operator-specific refund and exchange policies, Operator's own loyalty or subscription offerings, and any other products, services, or experiences offered directly by Operator that are independent of the CinemaPlus Services. The Operator Terms apply solely with respect to Operator's own offerings, venue-specific rules, and Operator-specific transaction terms.

(c) CinemaPlus Terms of Service for End Users, available at https://www.gqtmovies.com/terms-of-service (as updated from time to time, the "CinemaPlus Terms of Service for End Users"), govern your access to and use of the CinemaPlus Services themselves, including the software platform, ticketing functionality, concession and merchandise commerce flows, digital stored-value and CinemaCash features, subscription management, mobile ticketing, user accounts, and all other features and functionality provided by CinemaPlus. By using the CinemaPlus Services through Operator's platform, you expressly agree to be bound by the CinemaPlus Terms of Service for End Users as if you had accessed those Services directly through CinemaPlus, and you acknowledge that you have been provided reasonable opportunity to review such terms prior to your use. THE CINEMAPLUS TERMS OF SERVICE FOR END USERS ARE INCORPORATED HEREIN BY REFERENCE WITH THE SAME FORCE AND EFFECT AS IF FULLY SET FORTH IN THE OPERATOR TERMS.

(d) CinemaPlus Privacy Policy, available at https://www.gqtmovies.com/privacy-policy (as updated from time to time, the "CinemaPlus Privacy Policy"), governs all matters relating to privacy, cookies, tracking technologies, personal data and personal information, and related data-processing activities conducted by or through the CinemaPlus Services. Operator has agreed with CinemaPlus to adopt and incorporate the CinemaPlus Privacy Policy by prominently posting and conspicuously hyperlinking to it on Operator's consumer-facing interfaces in connection with the CinemaPlus Services. To the extent there is any conflict between the Operator Terms or any Operator-specific privacy disclosure and the CinemaPlus Privacy Policy with respect to personal data collected or processed through or in connection with the CinemaPlus Services, the CinemaPlus Privacy Policy controls solely with respect to such CinemaPlus Services and related data-processing activities. For personal data collected by Operator outside the CinemaPlus Services, Operator's own privacy policy governs.

(e) CinemaPlus Terms of Service for Operators govern the business-to-business relationship between CinemaPlus and Operator, including all commercial, operational, and risk-allocation matters and nothing in the CinemaPlus Terms of Service for Operators creates any obligation of CinemaPlus directly enforceable by end users. The CinemaPlus Terms of Service for Operators are not directed at or enforceable by end users, and nothing in this Addendum is intended to confer any third-party beneficiary rights on end users with respect to those business-to-business provisions.

2. Order of Precedence.

In the event of any conflict or inconsistency among the documents described in Section 1 above with respect to your rights and obligations as an end user, the following order of precedence controls (with each earlier-listed document controlling over later-listed documents to the extent of the conflict, and only within each document's defined scope as set forth in Section 1):

  1. The CinemaPlus Privacy Policy, solely with respect to privacy, cookies, tracking technologies, personal data, and related data-processing matters arising in connection with the CinemaPlus Services;
  2. The CinemaPlus Terms of Service for End Users, solely with respect to your access to and use of the CinemaPlus Services; and
  3. The Operator Terms, with respect to Operator-specific offerings, venue rules, and Operator-specific transaction terms.

No conflict exists, and no order of precedence is triggered, merely because these documents address different subject matters within their respective defined scopes. Operator Terms that impose additional obligations or restrictions consistent with, and not in conflict with, the CinemaPlus Terms of Service for End Users shall apply in addition to, and not instead of, those terms.

With respect to any dispute arising primarily from your use of the CinemaPlus Services, the governing law and dispute-resolution provisions of the CinemaPlus Terms of Service for End Users shall apply. With respect to any dispute arising primarily from Operator-specific offerings or venue-specific terms, the governing law and dispute-resolution provisions of the Operator Terms shall apply.

3. Adoption, Presentation, and Acceptance.

To the extent Operator has validly adopted and presented the CinemaPlus Terms of Service for End Users and the CinemaPlus Privacy Policy by (a) incorporating them herein by reference; and (b) presenting conspicuous links to each at the point of purchase, point of account creation, or in the Operator Terms in a manner that provides users reasonable notice and opportunity to review such terms prior to acceptance. Your continued use of the CinemaPlus Services through Operator's platform, including the completion of any ticket purchase, concession order, subscription enrollment, merchandise transaction, or account registration, constitutes your express acceptance of and agreement to be bound by (i) the Operator Terms; (ii) the CinemaPlus Terms of Service for End Users; and (iii) the CinemaPlus Privacy Policy, each as in effect at the time of such use or transaction, provided that you have been given reasonable notice of such terms and a reasonable opportunity to review them prior to such acceptance. If you do not agree to any of these documents, you may not access or use the CinemaPlus Services through Operator's platform. Notwithstanding the foregoing, with respect to the arbitration provision and class action and jury trial waivers contained in the CinemaPlus Terms of Service for End Users, acceptance is effective only upon the end user's affirmative assent through the mechanism provided at the applicable point of purchase or account registration, and not through continued use alone.

CinemaPlus is an intended third-party beneficiary solely of those provisions of this Addendum that expressly apply to CinemaPlus, reference the CinemaPlus Terms of Service for End Users or the CinemaPlus Privacy Policy, allocate responsibility to CinemaPlus, or disclaim or limit liability of CinemaPlus.

4. Roles and Responsibilities; Merchant of Record.

As between Operator and CinemaPlus, and as between each of them and you:

(a) CinemaPlus provides the technology platform, software, payment processing infrastructure, and related services that enable Operator to offer ticketing, commerce, and related functionality. To the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator for payment processing purposes with respect to any transaction you complete through the CinemaPlus Services (as will be identified during the applicable checkout flow or as otherwise disclosed in the applicable order confirmation or transaction receipt), CinemaPlus shall be responsible for payment processing and financial settlement for that transaction, in accordance with the CinemaPlus Terms of Service for End Users and applicable payment network rules. CinemaPlus' liability for such transactions shall be governed exclusively by the CinemaPlus Terms of Service for End Users and applicable law.

(b) Operator is solely responsible for: (i) the underlying event, venue, showtime, and ticket availability; (ii) concession and merchandise offerings; (iii) applicable refund and exchange policies; and (iv) all Operator-specific terms and conditions applicable to your transaction. Operator remains solely responsible for all Operator-specific products and services regardless of which party acts as the merchant of record for payment-processing purposes or which party's name appears on any receipt, confirmation, or payment instrument, and CinemaPlus expressly disclaims any warranty, representation, or guarantee regarding such products and services. Except to the extent expressly set forth in the CinemaPlus Terms of Service for End Users or required by applicable law, CinemaPlus acts as a technology platform provider and is not responsible for Operator's performance, products, services, or policies.

(c) Allocation of Recourse. To the extent a claim, issue, dispute, or request relates to Operator-specific matters, including venue rules, event administration, showtimes, ticket availability, concession or merchandise offerings, fulfillment, Operator-specific refund and exchange policies, or other products or services offered by Operator, your recourse shall be against Operator and not CinemaPlus, except to the extent expressly provided in the CinemaPlus Terms of Service for End Users or required by applicable law. To the extent a claim, issue, dispute, or request relates to the CinemaPlus Services, including platform functionality, account access, CinemaCash or other stored-value features, mobile ticketing functionality, or payment-processing matters to the extent CinemaPlus or its payment processor acts as merchant of record or payment facilitator, your recourse shall be against CinemaPlus and not Operator, except to the extent expressly provided in these Operator Terms or required by applicable law. If a matter involves both Operator-specific issues and CinemaPlus Services issues, the foregoing allocation will apply to each party based on the nature of the applicable claim, issue, dispute, or request.

5. Updates to CinemaPlus Documents.

CinemaPlus may update the CinemaPlus Terms of Service for End Users and the CinemaPlus Privacy Policy from time to time in accordance with the terms of those documents and applicable law. As Operator has adopted those documents by reference to the then-current versions hosted at the URLs specified in Section 1 above, the then-current versions of those documents at the time of your use or transaction will apply, provided that material changes to such documents will be effective only upon reasonable notice to users as specified in those documents or as required by applicable law. Operator is responsible for ensuring that current versions of those documents remain accessible from Operator's consumer-facing platform in accordance with Operator's agreement with CinemaPlus.

6. Severability; No Waiver.

If any provision of this Addendum is found unenforceable in a particular jurisdiction or as applied to a particular claim, it will be severed as to that jurisdiction or claim, and the remainder of this Addendum will remain in full force and effect. Operator's failure to enforce any provision of this Addendum on any occasion will not constitute a waiver of Operator's or CinemaPlus' right to enforce such provision subsequently.

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