Professional Documents
Culture Documents
DISCLOSURE:
You are expected to read these Terms of Use because your use of our
Site and Service constitutes your agreement to the Arbitration
Agreement and Class Action waiver described in Sections 17 and 18
below to resolve any disputes with us. You should also read these
Terms of Use, in particular Section 2.17, as it describes certain
restrictions on your use of the MoviePass Site and Service and your
MoviePass Card, all of which are intended for the sole benefit and use
of only you as the approved account holder. Your violation of
restrictions set forth in these Terms of Use may trigger our right to
terminate your account for such violation.
2.2. MoviePass will deduct the Service subscription dues on the same
date every month from the form of payment that you provide to us
when you create an Account, unless we otherwise communicate a
different time period or either party seeks to terminate this
agreement. You acknowledge and agree that MoviePass is in a direct
agreement with you, the individual, and not with the theaters listed on
the Site.
2.3. A valid MoviePass subscription to the Service entitles you to: (1)
see one (1) 2D film per calendar day through MoviePass; and (2) a
single seat, depending on availability, for a 2D film showing open to the
general public. The Service excludes premium showings such as: 3D
films, IMAX, 4D, XD and specialty theaters. The Service is available
every day of the week, subject to the theater being open, inventory,
and usage. Alternative or future MoviePass Service subscription plans
may include (1) premium plans that provide access to 3D, IMAX, and
specialty formats and (2) capped plans (limited amount of movies per
month).
2.6 You agree to choose the movie title, theater, and showtime on the
day of the performance, but prior to the session's commencement
time, through the MoviePass App. You also agree to only activate your
MoviePass Card for a single ticket purchase by Theater Check-in
through the Site, and use your MoviePass at a ticket kiosk at your
selected theater. If you do not purchase a ticket for the movie and
showtime selected, the authorization or value on your MoviePass card
will be removed by us. Your MoviePass Card is only available for use
during the movie ticket transaction, after Theater check-in. The
Theater Check-in does not serve as a confirmation; it is only once you
have purchased a ticket with your MoviePass that a seat has been
reserved. If MoviePass does not influence what showtime or theater
you select, and MoviePass is not responsible if you select the incorrect
movie title, showing, or theater.
2.7 MoviePass is currently available for use only in the United States.
2.8. We estimate that you will receive your MoviePass Card within 8
days after you sign up for the Service. Once you receive your
MoviePass Card or use MoviePass at a supported e-ticketing theater,
you may begin using the Service.
2.9. If and when MoviePass offers a promotion or free trial, you will be
billed when you sign up, but your yearly subscription and billing cycle
will not begin until the end of the trial period. Your MoviePass
subscription will enter into a new period once the promotional or free
trial period is over unless terminated by you or MoviePass. Your
MoviePass account must be in good standing in order for the
MoviePass to be valid.
2.10. If and when MoviePass offers a free trial period, such period will
begin when you receive your card and is valid for 14 days. If you are on
an alternative free trial offer, your trial will begin when you receive
your card and is valid for 7 days or for the 1 movie (that must be seen
within 14 days of card arrival). If you try to see a second movie using
your MoviePass Card on the one movie free trial, you will automatically
opt into an annual plan. You will not be charged when signing up, but
will be charged your monthly fee and entered into an annual contract
when your trial period has expired. You must cancel your account
before the expiration of your trial period to avoid these charges. All
free trial offers are available exclusively to new members only and are
valid once per household.
2.11. If and when MoviePass offers a Month to Month Contract, and you
subscribe to this contract, your MoviePass subscription will continue
month to month unless and until you cancel or MoviePass terminates
your subscription. MoviePass will bill monthly on the same date every
month, unless either party seeks to terminate the agreement.
(i) MoviePass offers three types of subscriptions, month-to-month,
three months and annual. MoviePass will bill upon subscription to the
service and then will bill based on the date you receive your card
pursuant to the terms of your subscription, unless either party seeks
to terminate the agreement. You must cancel your membership before
it renews each month in order to avoid billing of the next month's
membership fees to the payment method you provided to us. If you do
not contact us prior to the billing date, your card will be charged and
termination will occur at the end of the next billing cycle.
(ii) To cancel, you must notify MoviePass in writing via email at least
one business day prior to the next billing date stating your intent to
cancel and providing the full name and email address on the account.
You may also cancel your membership by using the MoviePass app.
Cancellations are not effective until confirmation is sent to you via
email, and you are responsible for all charges until cancellation is
confirmed. Subscription fees may be increased by MoviePass to reflect
changes in standard ticket prices, inflation, MoviePass's costs, and
additional taxes and costs not imposed by MoviePass. Again, if you
wish to terminate your agreement, you must notify MoviePass at least
one business day prior to your next billing date. Any changes will take
place at the end of the period for which fees have been paid, and will
be introduced in the next billing cycle. ONCE YOU CANCEL YOUR
MOVIEPASS SUBSCRIPTION, YOU MAY NOT SUBSCRIBE TO THE
SERVICE AGAIN FOR A PERIOD OF NINE (9) MONTHS.
2.12. To make a payment, you must provide the cardholder's name and
address, the card number, the card security code, and the card
expiration date. If you wish to change your payment method, you must
visit the Site at least one day prior to the conclusion of the billing
cycle. Transactions will occur on the cardholder's bank or card
statement as a payment to "MoviePass". Payments will occur on the
same date every month, unless either party seeks to terminate the
agreement. If you wish to terminate your agreement, you must notify
MoviePass at least one business day prior to your next billing date. If
you do not contact us prior to the billing date, your card will be
charged and termination will occur at the end of the next billing cycle.
Subscription fees may be increased by MoviePass at anytime to reflect
changes in standard ticket prices, inflation, MoviePass's costs, and
additional taxes and costs not imposed by MoviePass. Any changes
will take place at the end of the period for which fees have been paid,
and will be introduced in the next billing cycle.
2.17. You agree that MoviePass may, at its sole discretion and without
prior notice, suspend your subscription or terminate your Account and
MoviePass Card on a temporary or permanent basis, and block your
access to the Site for any or no reason, including but not limited to the
following at their sole discretion if:
(i) You miss a payment. MoviePass will contact you by email and if
payment is made within 10 days after we send our email, MoviePass
will reactivate the account within 48 hours of payment. You will not be
permitted to use the account until it has been reactivated. If you miss
more than one payment, we reserve the right to permanently bar you
from subscribing to or using the Service. The MoviePass system
records the necessary information to turn over to collection agencies.
When required, MoviePass reserves the right to use a collection
agency to retrieve any outstanding balances. MoviePass reserves the
right to seek appropriate punitive damages.
(iii) A breach of these Terms of Use by you that has not been corrected
within a reasonable time.
(iv) You permit another person to use your MoviePass Card to purchase
a movie ticket or you use another subscriber's MoviePass Card other
than your own to purchase a ticket. Your MoviePass Card is intended
only for your own use and benefit as an approved account holder and
your use thereof is subject to these Terms of Use.
(viii) You purchase tickets for a purpose other than viewing a movie,
such as to earn theater loyalty program points.
(ix) On more than one occasion during any thirty (30) day period you do
not view the movie for which you purchased a ticket with your
MoviePass Card in its entirety.
(xi) If you use your MoviePass Card for any purpose other than to
purchase a 2D movie ticket at a theater kiosk for the movie you check
into, or we have reason to believe that you have done so you
acknowledge and agree that we have the right to charge a fee of $25
(twenty-five U.S. dollars) (“Penalty Fee”) per occurrence on the form of
payment you provided to us for your MoviePass subscription. If you
believe that you have been charged a Penalty Fee in error, you may
contact customer service to dispute the charge within 60 days of
incurring such charge. [MOVED to xiii]
(xiii) You acknowledge and agree that we have the right to charge a fee
of $25 (twenty-five U.S. dollars) (“Penalty Misuse Fee") per occurrence
for misuse of your MoviePass Card on the form of payment you
provided to us for your MoviePass subscription. You further agree that
the amount of this fee is a reasonable measurement of the probable
loss to us for each misuse of your MoviePass Card. If you believe that
you have been charged a Penalty Misuse Fee in error, you may contact
customer service to dispute the charge within 60 days of incurring
such charge.
3. DVD/Blu-Ray Policy
4. 3. Content
5.1. 4.1. You may not use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in
any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain
any materials, documents or information through any means not
purposely made available through the Site. MoviePass reserves the
right to bar any such activity.
5.2. 4.2. You may not attempt to gain unauthorized access to any
portion or feature of the Site, or any other systems or networks
connected to the Site or to any MoviePass server, or to any of the
services offered on or through the Site, by hacking, password "mining"
or any other illegitimate means.
5.3. 4.3. You may not probe, scan or test the vulnerability of the Site or
any network connected to the Site, nor breach the security or
authentication measures on the Site or any network connected to the
Site. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other
customer of MoviePass, including any MoviePass account not owned
by you, to its source, or exploit the Site or any service or information
made available or offered by or through the Site, in any way where the
purpose is to reveal any information, including but not limited to
personal identification or information, other than your own information,
as provided for by the Site.
5.4. 4.4. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Site or MoviePass's systems or networks, or any systems or
networks connected to the Site or to MoviePass. You agree not to use
any device, software or routine to interfere or attempt to interfere with
the proper working of the Service or Site or any transaction being
conducted on the Site, or with any other person's use of the Site.
5.5. 4.5. You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal you send
to MoviePass on or through the Site or any service offered on or
through the Site. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
5.6. 4.6. You may not use the Site or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the
rights of MoviePass or others.
6. 5. Purchases; Other Terms and Conditions
6.2. 5.2. MoviePass's obligations, if any, with regard to its products and
services are governed solely by the agreements pursuant to which
they are provided, and nothing on this Site should be construed to alter
such agreements.
7.1. 6.1. Certain features or services offered on or through the Site may
require you to open an account (including setting up a password). You
are entirely responsible for maintaining the confidentiality of the
information you hold for your account, including your password and
card, and for any and all activity that occurs under your account as a
result of your failing to keep this information secure and confidential.
You agree to notify MoviePass immediately of any unauthorized use of
your account, password, card, or any other breach of security. You may
be held liable for losses incurred by MoviePass or any other user of or
visitor to the Site due to someone else using your MoviePass
password, account, or card as a result of your failing to keep your
account information secure and confidential.
7.2. 6.2. You may not use anyone else's MoviePass password, account,
or MoviePass Card at any time. MoviePass cannot and will not be liable
for any loss or damage arising from your failure to comply with these
obligations.
8. 7. Privacy
MoviePass's Privacy Policy applies to use of this our Site and Service,
and its terms are made a part of these Terms of Use by this express
reference. Additionally, by using the Site or Service, you acknowledge
and agree that Internet transmissions are never completely private or
secure. You understand that any message or information you send to
the Site may be read or intercepted by others, even if there is a special
notice that a particular transmission (for example, credit card
information) is encrypted.
This Site may contain links to other independent third-party Web sites
("Linked Sites"). These Linked Sites are provided solely as a
convenience to our visitors. Such Linked Sites are not under
MoviePass's control, and MoviePass is not responsible for and does not
endorse the content of such Linked Sites, including any information or
materials contained on such Linked Sites. Our Terms of Use or Privacy
Policy do not apply to such Linked Sites. You will need to make your
own independent judgment regarding your interaction with these
Linked Sites after you have reviewed such Linked Sites' own Terms of
Use and Privacy Policies.
10. 9. Disclaimers
10.1. 9.1. Moviepass Does Not Promise That The Site Or Any Content,
Service Or Feature Of The Site Or Service Will Be Error-Free Or
Uninterrupted, OR THAT ANY DEFECTS WILL BE CORRECTED, Or That
Your Use Of The Service Or Site Will Provide Specific Results. The
Service, Site And Its Content Are Delivered On An "As-Is" And "As-
Available" Basis. All Information Provided On The Site Is Subject To
Change Without Notice. Moviepass Cannot Ensure That Any Files Or
Other Data You Download From The Site Will Be Free Of Viruses Or
Contamination Or Destructive Features. Moviepass Disclaims All
Warranties, Express Or Implied, Including Any Warranties Of Accuracy,
Non-Infringement, Merchantability And Fitness For A Particular
Purpose. Moviepass Disclaims Any And All Liability For The Acts,
Omissions And Conduct Of Any Third Parties In Connection With Or
Related To Your Use Of The Service And Site. You Assume Total
Responsibility For Your Use Of The Service, Site And Any Linked Sites.
Your Sole Remedy Against Moviepass For Dissatisfaction With The
Service, Site Or Any Content Is To Stop Using The Service, Site Or Any
Such Content.
13.1. 12.1. MoviePass may disclose any information we have about you
(including your identity) if we determine that such disclosure is
necessary in connection with any investigation or complaint regarding
your use of the Service or Site, or to identify, contact or bring legal
action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) MoviePass's rights or
property, or the rights or property of visitors to or users of the Service
or Site, including MoviePass's members. MoviePass reserves the right
at all times to disclose any information that MoviePass deems
necessary to comply with any applicable law, regulation, legal process
or governmental request. MoviePass may also disclose your
information when MoviePass determines that applicable law requires
or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
13.2 12.2. You acknowledge and agree that MoviePass may preserve
any transmittal or communication by you with MoviePass through the
Site or any service offered on or through the Site, and may also
disclose such data if required to do so by law or MoviePass determines
that such preservation or disclosure is reasonably necessary to (1)
comply with legal process, (2) enforce these Terms of Use, (3) respond
to claims that any such data violates the rights of others, or (4) protect
the rights, property or personal safety of MoviePass, its employees,
members of or visitors to the Site, and the public.
13.3. 12.3. You agree that violation by you of these Terms of Use
constitute your forfeiture of paid subscription dues, and that
MoviePass possesses the right to collect payment for usage of the
Service, in addition to an early termination or misuse fee. You also
agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm
to MoviePass, for which monetary damages would be inadequate and.
You consent to MoviePass seeking to obtain any injunctive or equitable
relief that MoviePass deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies
MoviePass may have at law or in equity, or otherwise provided in the
Terms of Use.
13.4. 12.4. You agree that MoviePass may, in its sole discretion and
without prior notice, terminate your account, and thereby access to
the Site, with or without cause, which includes (but is not limited to)
(1) requests by law enforcement or other government agencies, (2) a
request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through
the Site, or (4) unexpected technical issues or problems.
13.5. 12.5. If MoviePass does take any legal action against you as a
result of your violation of these Terms of Use, MoviePass will be
entitled to recover from you, and you agree to pay, all reasonable
attorneys' fees and costs of such action as permitted by law, in
addition to any other relief granted to MoviePass. You agree that
MoviePass will not be liable to you or to any third party for termination
of your access to the Site as a result of any violation of these Terms of
Use.
19.2 MoviePass and its partners use cookies and other technologies in
mobile advertising services to control the number of times you see a
given ad, deliver ads that relate to your interests, and measure the
effectiveness of ad campaigns.
19.3. MoviePass and our partners also use cookies and other
technologies to remember personal information when you use our
Service, Site, online services, and applications. Our goal in these
cases is to make your experience with MoviePass more convenient and
personal.
23.2. The MoviePass Site and Mobile App use Secure Sockets Layer
(SSL) encryption on all web pages where personal information is
collected. To make purchases from these services, you must use an
SSL-enabled browser. Doing so protects the confidentiality of your
personal information while it’s transmitted over the Internet.
29.2. Unfortunately, certain models of DVD players are not able to play
certain DVDs. MoviePass cannot be held responsible for discs that
cannot be played on certain systems. However, MoviePass will
exchange the incompatible title with another title provided the
warranty conditions are met. Items not accepted under the terms of
this warranty will be returned, freight collect, to the sender.
29.3. In order for returned Products to be eligible for credit, you agree
to the following procedure:
(i) you must contact customer support outlining the reason for the
return.
(iii) MoviePass must receive your request to return the product within
thirty (30) days of the original delivery.
29.5. When returning items to MoviePass, use a sturdy carton that will
prevent damage to the disc. Do not use a Jiffy Bag, brown paper, or
other soft containers. It is strongly suggested that discs be returned
via the U.S. Postal Service Priority Mail, for shipping charges between
$3 to no more than $10 which will be credited to your account. To save
money on shipping, do not use a third party shipping or packaging
service. Parcel post packages will require insurance to be purchased
separately.
32.2. MoviePass accepts paying with your credit card on file or through
American Express,VISA, MasterCard, and Discover cards. If you are
purchasing from MoviePass with a credit card for the first time it is our
policy to contact the issuing bank to verify the billing information on
the account, so please ensure that you submit the correct info. This
security check occasionally causes delays depending on the
accessibility of your bank, but it is necessary to minimize fraud and
protect our customers. You will be contacted if there are any problems.
Until an account has been established with MoviePass we will only
ship to the verifiable billing or work address.
33. Price Guarantee
If your order enters the shipping process before the release date and
the MoviePass price is lowered before the end of the day of the release
date, we will automatically refund your credit card for the difference
between the price you were charged and the release-date price.
33.2 If you pre-order an "Upcoming" item we will ship it once the home
video company has released the product. Please be aware that
DVD/Blu-Ray release dates can change numerous times. We do our best
to provide you with the most comprehensive and accurate information
but there are times when that information is simply unknown. We will
maintain all pre-orders as active and ship the item as soon as it has
been released. You will not be billed for any item until it has been
shipped.
33.3. MoviePass provides online stock status for all items we sell. The
status represents our inventory level at the time you placed your order.
From time to time an item may be "out of stock." When you order a title
that is "out of stock" it is deemed to be a backorder. Our partner’s goal
is to maintain significant inventory levels so that backorders do not
occur but it may occasionally happen. You will not be billed for the
item until it has been shipped. As orders are continuously being sent to
the warehouse we are unable to guarantee cancellation at the time of
your request. Shipping charges will not be refunded on returned orders
that could not be cancelled.
33.4. Orders sent by our standard method, U.S. Postal Service (1st
Class and/or Priority Mail) normally take 2-5 business days from the
day it is shipped. MoviePass will try its best to get the DVD/Blu-Ray to
your shipping location the day the DVD/Blu-Ray comes out. Due to
delays and circumstances with the shipping company, MoviePass will
not be responsible for a DVD/Blu-Ray arriving to the shipping address
late.
All matters relating to the MoviePass Service, the Site and these
Terms of Use and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the internal
laws of the State of New York without giving effect to any choice or
conflict of law provision or rule (whether of the State of New York or
any other jurisdiction).
You and we agree that any dispute, claim or controversy arising out of
or relating to: (a) these Terms of Use or the existence, breach,
termination, enforcement, interpretation or validity thereof; or (b) your
access to or use of our Site at any time, whether before or after the
date you agreed to these Terms of Use, will be settled by binding
arbitration between you and us, and not in a court of law, with the
exception of either party seeking injunctive or equitable relief as
specified below.
By agreeing to these Terms of Use, you agree that you are required to
resolve any claim that you may have against us on an individual basis
in arbitration. This will preclude you from bringing any class,
collective, or representative action against us, and also preclude you
from participating in or recovering relief under any current or future
class, collective, consolidated, or representative action brought
against us by someone else.
You acknowledge and agree that you and we are each waiving the right
to a trial by jury or to participate as a plaintiff or class member in any
purported class action or representative proceeding. Unless both you
and we otherwise agree in writing, any arbitration will be conducted
only on an individual basis and not in a class, collective, consolidated,
or representative proceeding. However, subject to the requirements of
these Terms of Use, you and we each retain the right to bring, without
first seeking arbitration, an individual action in a court of competent
jurisdiction for the purposes of seeking injunctive or other equitable
relief.
37. 19. The information contained in these Terms of Use or the Site is
subject to change without notice.