Last Modified: April 2018
MoviePass® attempts to provide access to films in theaters nationally. However participating theaters, as well the time and locations for movies may vary depending on theater inventory, usage, and showtime availability. YOU SHOULD CHECK OUR MOVIEPASS APP FREQUENTLY FOR CHANGES IN OUR SERVICES AND ALL OFFERINGS INCLUDING UPDATES ON THEATER PARTICIPATION. 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.
1.3. 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.
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 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. THE SERVICE PROHIBITS REPEAT VIEWINGS OF THE SAME MOVIE. 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 any time. 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.**
2.5. MoviePass makes no guarantee on the availability to any particular theater, showtime, or title that is presented in our 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. 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. 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 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 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.
(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 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.
2.13. MoviePass makes reasonable attempts to provide access to 2D films in theaters nationwide, however the time and locations for 2D movies may vary based on theater inventory which also may change, 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 frequently check theater availability in the MoviePass App, and if available, 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. MOVIEPASS SUBSCRIPTIONS ARE INTENDED FOR THE USE OF THE SUBSCRIBER ONLY AND ARE NOT TO BE SHARED WITH ANYONE ELSE. MOVIEPASS SUBSCRIBERS MAY ONLY USE THE MOVIEPASS APPLICATION ON ONE ACTIVE DEVICE (PHONE) AT A TIME. MOVIEPASS SUBSCRIBERS ARE ONLY PERMITTED TO SWITCH ACTIVE DEVICES ONCE PER MONTH.
2.18. 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 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.
(ii) MoviePass suspects that you provided incorrect or false information to MoviePass when creating an Account or signing up for a subscription.
(v) You attempt to purchase a ticket to a movie that is different from the movie you reserved in the MoviePass App, or you attempt to purchase a ticket in violation of Section 2.3 such as purchasing more than one ticket within any one calendar day.
(vi) You purchase tickets on Fandango, MovieTickets.com, or any other third-party source using your MoviePass Card.
(vii) You give (including as a gift), sell, or attempt to give or 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) MoviePass determines or suspects that you have opened or attempted to open multiple MoviePass accounts
(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.
(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]https://(www.moviepass.com/gifts). Gift Subscriptions and their use are subject to this agreement.
(xiii) You acknowledge and agree that we have the right to charge a fee of $25 (twenty-five U.S. dollars) ("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 Misuse Fee in error, you may contact customer service to dispute the charge within 60 days of incurring such charge.
2.19. The MoviePass Service is protected by the following United States Patents: 8,484,133; 8,612,325; and 9,135,578.
3.1. 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. Your Use of the Site
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.
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.
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.
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.
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. Purchases; Other Terms and Conditions
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.
5.3. 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 any time. 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.
6. Accounts, Passwords and Security
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.
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. Links to Other Sites and to the MoviePass Site
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 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.
9.2. 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.
9.3. 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.
10. 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.
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.
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.
12.4. You agree that MoviePass may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, 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. 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. 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.
16. Applicable Law
17. Arbitration And Small Claims Proceedings
PLEASE REVIEW - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
(i) EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
(ii) IF A DISPUTE IS ARBITRATED, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US IN STATE OR FEDERAL COURT INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
(iii) DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.**
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted at a location reasonably accessible to you and in accordance with the rules of the chosen arbitration organization. We will pay the filing, administration, service, case management, arbitrator, and hearing fees that we are required to pay as set forth in the Consumer Arbitration Rules for the American Arbitration Association or as set forth in the applicable rules of the chosen organization, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization's rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.
NOTWITHSTANDING THE ARBITRATION PROVISION IN THIS SECTION, YOU AND WE ALSO RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THAT COURT'S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT IN WHICH CASE THE ARBITRATION PROVISIONS HEREIN SHALL APPLY.
YOUR SUBSCRIPTION TO MOVIEPASS SPECIFICALLY CONSTITUTES CONSENT TO THE PROVISIONS OF SECTION 17.
18. Jurisdiction for Dispute Proceedings