Terms and Conditions of Use
Terms & Conditions of Use
National Amusements, Inc. and its affiliates (collectively, “Showcase Cinemas”, “Showcase”, “we”, “us” or “our”) have adopted the following terms and conditions of use (the “General Terms”) to govern your visit(s) to www.showcasecinemas.com or the mobile version thereof (the "Site"), use of our mobile application, or both (the Site and the mobile application will be collectively referred to as the "Service"), and to ensure you know what to expect from your visit or use of the Service.
OUR AGREEMENT; ACCEPTANCE OF TERMS
Unless we agree otherwise in writing, your contract with us always includes the General Terms. Your contract with us will also include any additional terms applicable to the mobile application, use of the Site or other aspect of the Service you visit or use (e.g., Starpass program, Popcorn Club, Showcase Subscribe or sweepstakes rules) ("Additional Terms"). Where Additional Terms apply to a particular aspect of the Service, you will be able to access and read the applicable Additional Terms within or through your use of that aspect of the Service. If there is a conflict between the General Terms and the Additional Terms, the Additional Terms will control. The General Terms and Additional Terms (collectively, the "Terms") form the legal and binding contract between you and us. PLEASE READ THE TERMS CAREFULLY AS THEY REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND SHOWCASE CINEMAS. BY VISITING OR USING THE SERVICE YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS.
MODIFICATION OF TERMS
We reserve the right, at our sole discretion, to modify the Terms or any other policies and guidelines applicable to the Service at any time. No modification of the Terms by any party other than Showcase Cinemas will be enforceable against Showcase Cinemas unless expressly agreed to by Showcase Cinemas in writing. If we exercise this right, we will communicate the modification by any means, such as email, push notifications through the Service, posting notice on the Service or otherwise generally publishing the modification. We will indicate the date of the last revision of the Terms at the bottom of the Terms. Your continued use of the Service after any modification constitutes your acceptance of the modified Terms. Accordingly, you should review these Terms whenever you visit the Site or use the Service to see if these Terms have been modified.
ELIGIBILITY
Access or use of the Service is void where prohibited by applicable law. The Service is not intended for children under the age of 13 years of age without parental consent and supervision. By accessing or using the Service, you represent that you are at least 13 years of age or that you have obtained parental consent.
PRIVACY POLICY
Please review our privacy policy at www.showcasecinemas.com/about-us/privacy-policy. You understand and agree that by using the Service, we will collect personal information about you. You consent to our collection, use and disclosure of your personal information in accordance with our privacy policy.
ELECTRONIC COMMUNICATIONS
When you use the Service or send email to us, you are communicating with us electronically. Your use of the Service or your communication with us via email will be deemed your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
All content on the Service provided by Showcase Cinemas and its licensors, including, but not limited to, designs, text, graphics, pictures, video, applications, software, music, sound and other content (collectively, " Showcase Cinemas Content"), together with the user interface, and the selection and arrangement of the Service, are the proprietary property of Showcase Cinemas and its licensors, and are protected by United States copyright and other intellectual property laws and by international treaties.
No Showcase Cinemas Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of Showcase Cinemas or Showcase Cinemas’ licensors. Any unauthorized use of Showcase Cinemas Content or violation of this provision is a material breach of the Terms and may be a violation of applicable law. Nothing in these Terms is to be construed as transferring or licensing any of Showcase Cinemas’ intellectual property rights to you, whether by estoppel, implication or otherwise.
LIMITED LICENSE TO USE SHOWCASE CINEMAS CONTENT
Showcase Cinemas grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Showcase Cinemas Content only for your personal, noncommercial use; however, you may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, the Showcase Cinemas Content.
MOBILE SERVICES
The Service includes our mobile application, and certain functionality available via your mobile device, such the ability to browse the Site from your mobile device (e.g., view show times, theater information, and movie information such as one-sheet posters, synopses, cast/crew listings and trailers) (collectively, the "Mobile Services"). At this time, we do not charge for the Mobile Services. However, your carrier's normal Internet access, messaging, data and other rates and fees will still apply. Please note that we will receive certain information about your use of the Mobile Services through our communications with your mobile device, and will handle such information in accordance with our privacy policy.
You may opt-in to push notifications through the account settings section of our mobile application.
You may stop the delivery of push notifications from Showcase Cinemas by managing your notification preferences in the account settings section of our mobile application.
You may stop the delivery of email messages from Showcase Cinemas by unsubscribing from email or submitting a request to updates@showcasecinemas.com or you may send Showcase Cinemas your request in writing to:
National Amusements, Inc.
Attn: Customer Service
846 University Avenue
Norwood, MA 02062
Showcase Cinemas will implement your request within a reasonable time. Please note that your request to opt out of receiving marketing communications will only apply to future communications and transactions with Showcase Cinemas and its service providers. Even if you choose to opt out of receiving marketing communications from Showcase Cinemas, Showcase Cinemas may still send you transactional or administrative communications.
Use of the Mobile Services or other functionality available through the Service may require that you create an account with us. You are responsible for providing true, accurate, current and complete information about yourself as promoted by the registration form, maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Service, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You may update any of your Service account information by visiting your Account Profile page at www.showcasecinemas.com or the Account Profile page on the Showcase US mobile app.
REGISTRATION; USER ACCOUNTS
Use of the Mobile Services or other functionality available through the Service may require that you create an account with us. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Service, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself as prompted by the registration process, and update that information to keep it current. You may update any of your account information by visiting https://www.showcasecinemas.com/starpass/rewards/.
YOUR CONDUCT
You must not (a) use a Starpass card number, Showcase Subscribe membership, or use the contact information email address of another person, including address and telephone numbers, with the intent to impersonate that person; or (b) use a Starpass card number or use an email address or telephone number that is subject to the rights of another person without authorization.
Any of your conduct that restricts or inhibits any other visitor from using or enjoying the Service, as determined by us in our sole discretion, will not be permitted. You agree to use the Service only for lawful purposes.
USER PURCHASES
You agree that all purchases made by you through the Service are subject to the terms applicable to those purchases, such as, the purchase of movie tickets, a Popcorn Club membership, which is subject to the terms and conditions located at https://popcornclub.showcasecinemas.com/programs/kids-and-families/popcorn-club/terms-and-conditions or the purchase of NAI gift cards or gift packs, which is subject to the terms and conditions located at https://www.showcasecinemas.com/Gift-Card-Terms-and-Conditions, and the purchase of a Showcase Subscribe membership, which is subject to the terms and conditions located at https://www.showcasesubscribe.com/terms.
USER CONTENT
Use of the Service will also allow you to post comments, recommendations and other statements through external social networks and similar third party Web sites, such as Facebook, Twitter, and Instagram (all such statements will be collectively referred to as "User Content"). The opinions expressed as a part of User Content are the views of the user posting the message and do not reflect Showcase’s opinions. Showcase Cinemas does not necessarily endorse, support, sanction, encourage, verify or agree with the User Content posted on the Service. Showcase Cinemas is not responsible for the materials posted by users.
You represent that your User Content does not misappropriate or infringe upon a third party's intellectual property rights (including, but not limited to, copyright, trademark, trade secret or other proprietary rights), violate the privacy or publicity rights of a third party, or contain defamatory or otherwise unlawful material. You represent that your User Content is not confidential.
VIOLATION OF TERMS
Please report any violation of the Terms by sending an email to updates@showcasecinemas.com.
CONTACT WITH ADVERTISERS OR OTHER THIRD PARTIES AND OTHER WEBSITES
Your navigation to and participation in promotions, your purchase of, payment for and delivery of goods or services, if any, and any terms and conditions, warranties, or representations related to such promotions or your purchase of goods and services ("Dealings") with third parties found on or accessible through the Service are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Service are provided solely for your convenience and should not be construed as an endorsement by Showcase Cinemas of the materials, goods or services provided, or made available, by the third parties. Any Dealings with third parties are at your own risk. Showcase Cinemas does not assume any responsibility or liability with respect to any Dealings you may have with third parties.
USE OF SERVICE IS AT YOUR OWN RISK
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH ACCESS AND USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE AT THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT SHOWCASE CINEMAS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
DISCLAIMER OF IMPLIED WARRANTIES
SHOWCASE CINEMAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SHOWCASE CINEMAS DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SHOWCASE CINEMAS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. ACCORDINGLY, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT FROM THE SERVICE. SHOWCASE CINEMAS IS NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT FROM THE USE OF THE SERVICE.
LIMITS ON LIABILITY
IN NO EVENT WILL WE, OUR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE BASIS OF THE CLAIM, AND EVEN WHEN WE OR ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT NO FEES ARE PAID TO SHOWCASE CINEMAS FOR THE USE OF THE SERVICE. THUS, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED $5.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNITY
You release, and will defend, indemnify and hold us and our officers, directors, employees, agents, successors and assigns, harmless from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys' and expert witnesses' fees and costs) incurred by us or any other indemnified party due to such a claim or cause of action arising out of (a) any breach of these Terms by you, (b) your visit of the Site, your download, installation and use of any Mobile Service, and your use of and conduct at the Service, or (c) the use by any other person using the Service through your account. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.
ARBITRATION
You agree that any claim brought by you or by Showcase Cinemas arising out of or related to these Terms (regardless of the form of the claim, whether sounding in contract, tort, alleged statutory violation, or some other theory) (a "Claim") must be submitted to binding arbitration ("Arbitration") before a one-member panel of the American Arbitration Association ("AAA") pursuant to the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ("AAA Rules") (to the extent the AAA Rules are consistent with these Terms). The panel member will be reasonably acceptable to both parties. If you and we cannot reasonably agree to a single panel member, the AAA will unilaterally appoint the panel member. The panel member may conduct the Arbitration by telephone, online, by written submissions, or any combination of the foregoing, as determined by the panel member. The Arbitration will be conducted under the Federal Arbitration Act ("FAA") and will be governed by Massachusetts law, regardless of choice of law principles. The panel member may award any form of individual relief, including injunctions, to the extent consistent with these Terms.
CLASS ACTION WAIVER
REGARDLESS OF WHETHER A CLAIM PROCEEDS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLAIM AGAINST EACH OTHER THAT IS PART OF A REPRESENTATIVE OR CLASS ACTION OR PROCEEDING.
JURY TRIAL WAIVER
YOU UNDERSTAND THAT BE AGREEING TO THE FOREGOING DISPUTE RESOLUTION PROVISIONS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL IN THE EVENT OF ARBITRATION. Any Claim that is not subject to the arbitration provisions contained in these Terms will proceed in the state and federal courts of Massachusetts. You hereby submit to personal jurisdiction and venue in Massachusetts. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Kansas. Unless otherwise prohibited by applicable law, any Claim must be brought no later than one year after the date on which the Claim arose or accrued.
TERMINATION
We may charge a fee for parts of the Service that may have been previously provided at no charge, or we may modify, suspend or discontinue all or any part of the Service, temporarily or permanently, at any time. We are not liable to you or to any third party for any modification, suspension or discontinuance of the Service or your access of the Service.
Showcase Cinemas, in its sole discretion, has the right (but not the obligation) to block your email or IP address or otherwise terminate your access or use of the Service (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Showcase Cinemas believes that you have acted inconsistently with the letter or spirit of these Terms. Moreover, your right to use the Service terminates automatically if you fail to comply with these Terms. No notice is required from us to effect such termination.
Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as email, push notifications through the Service, posting notice on the Site or otherwise generally publishing such termination.
Upon termination, you must stop using the Service. Rights and obligations under these Terms which by their nature should survive will survive and remain in effect after any termination or expiration of the Terms.
APPLICABLE LAW
By visiting the Site or creating an account through the Service, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will exclusively govern the construction of these Terms and the resolution of a dispute of any sort that might arise between you and Showcase Cinemas.
You may not ship, transfer, export into any country, or use in any manner prohibited by the United States Export Administration Act or any other applicable law (collectively the "Export Laws"), our mobile application and any software that may be downloaded from the Service. In addition, if all or any part of the Service is identified as an export controlled item under the Export Laws, you represent to us that you are not a national of, resident in or otherwise located within, an embargoed nation, and that you are not otherwise prohibited under the Export Laws from visiting or using the Service.
GENERAL
The Terms, together with the Showcase Cinemas privacy policy and any other policy posted at the Site or available through the Service, are the entire agreement between Showcase Cinemas and you relating to this Service and supersede any prior representations, discussions, undertakings, communications or advertising relating to the Terms, the Service or your access and use of the Service. If any provision of the Terms is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the parties' intentions as reflected in that provision to the extent permitted by applicable law, and such finding will not affect the balance of the Terms, which will remain valid and enforceable. You may not assign your rights or delegate your duties under the Terms. Where we have provided a translation of the Terms into a language other than English, then you agree that the translation is provided only for your convenience, and that the English language version of the Terms will govern your relationship with us. If there is any conflict between the English language version of the Terms and the translation of the Terms, then the English language version will control. Showcase Cinemas and its licensors will not be liable for any nonperformance or delay in performance caused by any unforeseen act or event beyond their control. Each of our affiliates and each licensor is a third party beneficiary of, and will have the right to enforce, the Terms against you.
Date of Last Revision: December 28, 2018