Terms of Service

MoviePass Terms and Conditions of Use and Cardholder Agreement

DISCLOSURE:

MoviePass® makes all attempts to provide access to films in theaters nationally. However the time and locations for movies may vary depending on theater inventory, usage, and showtime availability. It is not until the User purchases a ticket at the theater, that the seat will be reserved and confirmed for the title and showtime selected. If the title and showtime the User wants to see is not available, MoviePass® will not be held responsible.

If you cancel your MoviePass subscription, you may not subscribe to the Service again for a period of nine (9) months.

1. Ownership of Site; Agreement to Terms of Use and Cardholder Agreement of MoviePass

1.1. "Site" as used in these Terms of Use refer to the MoviePass Mobile App and the MoviePass web site located at www.moviepass.com.

1.2. "Service" as used in these Terms of Use refer to the MoviePass Service, which may be changed from time-to-time, the MoviePass Card and the Site.

1.3. The Service and the Site are the property of MoviePass Inc. ("MoviePass", "we", "us", or "our") with an address of 175 Varick Street, New York, NY 10012 and its licensors.

1.4 "Terms of Use" refers to these Terms and Conditions of Use and Cardholder Agreement which govern your access to and use of the Service and Site. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1.5. MoviePass reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without prior notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service and the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MoviePass grants you a personal, non-transferable, limited privilege to enter and use the Site. MoviePass is for your personal use, and not for resale or commercial use under any circumstances.

2. Service Subscription Information

2.1. By opening a MoviePass account (“Account”) and using the Service, you represent and warrant that: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a Resident of the United States. You may only sign up for the Service from within the United States.

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 the 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).

2.4. MoviePass reserves the right to change or modify the Service or subscriptions at any time and in its sole discretion, including but not limited to applicable prices, at any time, without prior notice. MoviePass reserves the right to change the rules of movie-going attendance and ticket availability to members in connection with the Service at anytime. MoviePass reserves the right to change from time to time the number of eligible movies a member can see per month. MoviePass reserves the right to offer members a new price option if they exceed watching a certain amount of movies per month. You will be notified of any price changes made to the terms of service prior to your next billing cycle, at which point you would have 14 days to opt-out of the Service and terminate your subscription. MoviePass will not make any changes to your subscription mid-cycle, all changes will be in affect at the start of your next billing cycle. MoviePass is not responsible for theater programming, cancellations, or rescheduled performances.

2.5. MoviePass makes no guarantee on the availability to any particular theater, showtime, or title that is presented in app. MoviePass ticket inventory may vary from specific theater ticket inventory.

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. 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. 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. 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.

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.

2.13. MoviePass makes all attempts to provide access to 2D films in theaters nationwide, however the time and locations for 2D movies may vary based on theater inventory, usage, and showtime availability. If the 2D title and showtime you want to see is not available, MoviePass will not be held responsible. MoviePass is not responsible if the selected showing is sold out, and we recommend that you arrive to the theater early and purchase your ticket ahead of time. MoviePass ticket inventory may vary from theater inventory. MoviePass will not be held responsible, if ticket availability has run out for MoviePass members, but the specific theater still has tickets available.

2.14. You may use MoviePass Card to purchase a 2D movie ticket at a theater kiosk. You may not use MoviePass Card for any other purpose, including but not limited to, unauthorized purchases or purchases exceeding the value of a single movie ticket. MoviePass allows for a single valid transaction for a movie theater ticket. You acknowledge and agree that all funds on your MoviePass Card are the property of MoviePass. You do not have the right to stop payment on any transactions made with MoviePass. Your MoviePass Card is valid through the Valid Thru date printed on the MoviePass Card, except in states where prohibited by law. No reproduction will be accepted. MoviePass is non-refundable and non-transferable. If your MoviePass Card is lost or stolen, please contact MoviePass Customer Support immediately. There will be a $10 replacement fee charged to the payment method that you provided to us.

2.15. MoviePass is not directly affiliated or associated with any theater chains. All references to theaters and showtimes do not imply direct or indirect affiliation. All listed theaters do not necessarily have the ability to accept MoviePass, and their listing on this site does not imply such. MoviePass makes all efforts to accurately list theaters and showtimes available to the general public, and listed theaters and showtimes may be subject to change.

2.16. You agree to respect and abide by the theater regulations set forth by the venue you have selected tickets for. MoviePass will not be held responsible for the theater's actions if the venue agreements are violated. Lost, stolen, or damaged tickets will not be replaced. If you do not hold a valid ticket, you may be required to leave the premises. You should keep your ticket stub with you at all times in order to re-enter the relevant auditorium. MoviePass is not responsible if you are excluded from viewing the film under any condition. All film showings are subject to normal restrictions. You have no preferential right of access for any showings except for special events organized for MoviePass. You are not entitled to use MoviePass in conjunction with any other promotions offered by MoviePass unless stated otherwise. MoviePass is not responsible for theater programming, cancellations, or rescheduled performances.

2.17. You agree that MoviePass may, 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:

(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.

(ii) MoviePass suspects that you provided incorrect or false information to MoviePass when creating an Account or signing up for a subscription.

(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.

(v) You attempt to purchase a ticket to a movie that is different from the movie you reserved in the MoviePass App.

(vi) You purchase tickets on Fandango, MovieTickets.com, or any other third-party source using your MoviePass Card.

(vii) You sell or attempt to sell purchased MoviePass tickets to other patrons.

(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.

(x) If you use your MoviePass Card for any purpose other than to purchase a 2D movie ticket at a theater kiosk, 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.

(xi) To cancel your subscription, you must notify MoviePass in writing to customer service or cancel via the app at least one business day prior to the next billing date. Cancellations are not effective until confirmation is sent to you via email, and you are responsible for all charges until cancellation is confirmed. Once you cancel your MoviePass subscription, you may not subscribe to the Service again for a period of nine (9) months.

(xii) Gift Subscriptions are pre-paid membership to the MoviePass service redeemable at www.moviepass.com/gifts. A person who receives and redeems a Gift Subscription to the MoviePass Service is referred to in this agreement as the "Recipient." There are no refunds or other credits issued for Gift Subscriptions, redeemed or otherwise. MoviePass is not responsible if the Gift Subscription is lost, stolen or used without permission. Gift Subscriptions are not redeemable or refundable for cash, subject to applicable law, and cannot be resold or combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions purchased at www.moviepass.com/gifts are valid for redemption only at www.moviepass.com/gifts. Gift Subscriptions and their use are subject to this agreement.

2.11. If and when MoviePass offers an Annual Contract, and you subscribe to this contract, your MoviePass subscription will continue year to year unless and until you cancel or MoviePass terminates your subscription. MoviePass will bill yearly on the same date every year, unless either party seeks to terminate the agreement. You must cancel your membership before it renews each year in order to avoid billing of the next year'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. 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. 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.

3. DVD/Blu-Ray Policy

If and when MoviePass offers services related to DVD/Blu-Ray (“Products”),MoviePass is not obligated to accept any returns of Products submitted more than 30 days after the delivery of such Products to a customer, including returns of Defective Products, Damaged Products, non-merchandisable Products and/or erroneously shipped Products.

4. Content

4.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to MoviePass, and may not be used without prior written consent from MoviePass.

4.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without MoviePass’s express prior written consent.

5. Your Use of the Site

5.1. 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. 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. 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. 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. 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. 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. Purchases; Other Terms and Conditions

6.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. MoviePass is not for resale or commercial use under any circumstances.

6.2. 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.

6.3. MoviePass may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without prior notice. MoviePass reserves the right to change the rules of movie-going attendance and ticket availability to members at anytime. You will be notified of any changes made to the terms of service prior to your next billing cycle, at which point you would have 14 days to opt-out of the service. MoviePass will not make any changes to your plan mid-cycle, all changes will be in affect at the start of your next billing cycle. The materials on the Site with respect to products and services may be out of date, and MoviePass makes no commitment to update the materials on the Site with respect to such products and services.

7. Accounts, Passwords and Security

7.1. 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. 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. Privacy

MoviePass’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, 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.

9. Links to Other Sites and to the MoviePass Site

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. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

10. Disclaimers

10.1. 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.

10.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

10.3. MoviePass reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

11. Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, THE TOTAL LIABILITY, IN THE AGGREGATE, OF MOVIEPASS, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND SUBCONTRACTORS, AND ANY OF THEM, TO YOU AND ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT-WITNESS FEES AND COSTS OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF OUR SERVICE OR SITE FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED $500. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AN ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW.

12. Indemnity

You agree to indemnify and hold MoviePass, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MoviePass by any third party due to or arising out of or in connection with your use of the MoviePass Service or Site.

13. Violation of These Terms of Use

13.1. 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. 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. 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 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 obtaining 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.

13.4. 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. 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, 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.

14. Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MoviePass reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

15. Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MoviePass with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and MoviePass with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with MoviePass, MoviePass will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MoviePass’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MoviePass of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MoviePass and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

16. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. MoviePass shall be free to use such information on an unrestricted basis.

17. Collection and Use of Personal Information

17.1. Personal information is data that can be used to uniquely identify or contact a single person.

17.2. You may be asked to provide your personal information anytime you are in contact with MoviePass or a MoviePass affiliate. MoviePass and its affiliates may share this personal information with each other and use it consistent with these Terms of Use and our Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

17.3. Here are some examples of the types of personal information MoviePass may collect and how we may use it.

What personal information we collect

How we use your personal information

18. Collection and Use of Non-Personal Information

18.1. We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

19. Cookies and Other Technologies

19.1. The Site, Services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our Site people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

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.

19.4. As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

19.5. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. MoviePass may use this information in our marketing and advertising services.

19.6. In some of our email messages, we use a “click-through URL” linked to content on the MoviePass Site. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our Site. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

19.7. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

19.8. A unique device identification number is attached to each account. The user cannot reset this number more than twice (2) in one year.

20. Disclosure to Third Parties

At times MoviePass may make certain personal information available to strategic partners that work with MoviePass to provide products and services, or that help MoviePass market to customers. For example, when you purchase a subscription and activate your MoviePass account, you authorize MoviePass and its partner to exchange the information you provide during the signup process to carry out service. When you are signed up for the Service, your account will be governed by MoviePass and its partner's respective privacy policies.

21. Service Providers

MoviePass shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever MoviePass operates.

22. Others

22.1. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for MoviePass to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

22.2. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

23. Protection of Personal Information

23.1. MoviePass takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

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.

23.3. When you use some MoviePass products, services, or applications or post on a MoviePass forum or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

24. Integrity and Retention of Personal Information

MoviePass makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

25. Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://www.moviepass.com/. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if MoviePass is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

26. Location-Based Services

26.1. To provide location-based services on MoviePass Services or products, MoviePass and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by MoviePass and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

26.2. Some location-based services offered by MoviePass, such as the “Theater Check-in” feature, require your personal information for the feature to work.

27. Third-Party Sites and Services

The MoviePass Site, products and applications may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party payment card. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

28. Our Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to MoviePass employees and strictly enforce privacy safeguards within the company.

29. Defective/Damaged DVD/Blu-Ray Item Return Policy

29.1. In the event that an item purchased from MoviePass is defective, we will exchange the disc under the manufacturer's warranty for a copy of the same title, provided the title is still available in our regular inventory. If the title is no longer available, or has been reissued by another studio, or is no longer covered by the manufacturer's warranty, this warranty is void.

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.

(ii) If approved by MoviePass the User will be sent a Return Authorization Number (RA) for each individual package being returned. Each return will be assessed individually.

(iii) MoviePass must receive your request to return the product within thirty (30) days of the original delivery.

29.4. Returned titles must be in their original factory packaging. Please enclose the following information with each return;

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.

    Send all returns to: MoviePass

    670 Broadway 4th Floor New York, NY 10012

    You may also contact our customer service department by visiting our help page at https://help.moviepass.com if you have any other questions.

30. Non-Defective DVD Return Policies

Only sealed, unopened titles will be accepted for credit, exchange, or refund within thirty (30) days of purchase. Discs must be in "like new" condition in order for us to issue credit. The disc must be with the original packaging intact and otherwise in mint, resalable condition. No credit will be issued for any returned Product not in mint, resalable condition with the original packaging intact. Any disc not meeting these conditions will be returned to you and no credit issued. Credit will not be issued for shipping charges and you will be charged a shipping charge for exchanges. A copy of your original purchase receipt is required.

31. Damaged DVD/Blu-Ray Shipment

Damaged Products are those shipped by Distributor, which are damaged during shipment to Customers to the extent that the product cannot be used for their intended purpose. Products damaged while in the care, custody, or control of you are not Damaged Products for purposes of this Agreement.

If you receive a title that has been damaged or is defective, please contact customer support. We will issue an RA and e-mail you a postpaid label for return of the problem item. We will also send you a replacement via Priority Mail. We must receive the defective or damaged item within 30 days or we will charge you for the replacement.

32. Lost DVD/Blu-Ray Shipment

32.1. Lost orders: If you feel that your order may have been lost in transit, please call or write us. If you have further questions, please contact a Customer Service rep for assistance with lost or damaged orders. MoviePass will use commercially reasonable efforts to package all shipments in a manner to prevent damage during shipment. Except as specifically stated here, all shipping shall be at the expense of the User. The risk of loss for products shall pass from MoviePass when the products are delivered to the carrier for shipment to the User.

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

33.1. Pre-order Price Guarantee applies only to unreleased films sold by MoviePass and the price offered by MoviePass. It does not apply to other products or to films that have already been released, or to the same product sold by a different seller. Pre-order Price Guarantee applies only to qualifying films displaying the offer message on their product detail pages. Items that do not display the offer message do not qualify, regardless of the nature of the items. Pre-order price protection is automatically applied to qualifying DVDs/Blu-Rays.

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.

34. Applicable Law

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).

35. Arbitration

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.

The arbitration will be administered by the American Arbitration Association (“AAA”) applying the law of the State of New York and in accordance with the AAA’s applicable Rules of Arbitration. You and we agree that any arbitration proceeding will be held in the State of New York located in the City of New York and County of New York.

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.

36. Jurisdiction for Dispute Proceedings

For purposes of seeking injunctive or equitable relief or in the event the Arbitration provision above is found unenforceable, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

37. The information contained in these Terms of Use or the Site is subject to change without notice.