Hello Jason, sign out

Terms of Service

MoviePass Terms and Conditions

Disclosure: MoviePass purchases and distributes a certain amount of inventory per month. While MoviePass makes all attempts to provide unlimited access to films in theaters nationally, time and locations for movies may vary based on MoviePass inventory, usage, and showtime availability. If the time and date for the movie the user wants to see is not available for the MoviePass user or in our inventory. Introduction To The Terms And Conditions The following terms (the "Terms") apply to any use by a visitor (the "User") of the MoviePass Web Site (the "Web Site"), and should be read carefully before any such use. By accessing or using the Web Site, the User accepts and agrees to be legally bound by the Terms and acknowledges that MoviePass, as the owner and operator of the Web Site, has the right to amend or vary the Terms and any of the contents of the Web Site from time to time at its sole discretion. Amendments or variations will take effect when they are posted on the Web Site and, as a result, the User should check the current version of the Terms each time he/she uses the Web Site. The Terms, as amended or varied from time to time, apply to all use of and access to the Web Site, both now and in the future. Indemnity Obligation THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MoviePass AND ITS AFFILIATES AND SUBSIDIARIES (TOGETHER "MoviePass"), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND ANY OF ITS THIRD PARTY INFORMATION PROVIDERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, HOWEVER ARISING RESULTING FROM ANY VIOLATION OR BREACH OF THE TERMS BY THE USER. General Disclaimer Although MoviePass has attempted to provide accurate information on the Web Site, MoviePass assumes no responsibility for the accuracy or completeness of such information. The User releases MoviePass, and all of their officers, directors, agents and employees, from any liability, for any claims, losses or damages arising out of or in any way connected with the User's use of the Web Site. To the fullest extent permitted by law, MoviePass shall not be liable to any person or entity for any direct, indirect, special, consequential or incidental damages, including (without limitation) lost profits or revenues, loss of opportunity, costs of replacement goods or services, loss or damage to data or business interruption, arising out of or related to: (a) Any access to or use of or inability to access or use the Web Site, any other hyperlinked web site or any other information or product included or described within the Web Site; or (b) Any person or entity's reliance on the information presented, in each case whether arising in tort (including negligence), contract or otherwise even if the User has advised MoviePass of the possibility of such damages. All information and content provided on the Web Site is provided "as is" without representation or warranty of any kind, either expressed or implied. Without limiting the foregoing, MoviePass does not represent or warrant that the Web Site or any of its contents are accurate, current, complete, free from technical or typographical errors, free from changes or harmful components introduced by third parties or free from periodic interruption or errors of any other type. MoviePass may revise the information or change the products or services mentioned on the Web Site at any time without notice. Any mention of non-MoviePass products or services is for information purposes only and constitutes neither an endorsement nor a recommendation of them. Neither MoviePass, nor their suppliers, make any representation or gives any warranty, condition or undertaking, expressed or implied, including (without limitation) as to the satisfactory quality, fitness for a particular purpose, suitability or non-infringement of any third party right or freedom from viruses, whether or not arising from a course of dealing, usage or trade practice. Notwithstanding any other provision in the Terms, nothing within the Terms limits or restricts any person's liability for death or personal injury resulting from its negligence or that of its employees or agents. The Terms and the User's use of the Web Site are governed by all applicable US law MoviePass makes no representation that the content or materials on the Web Site are appropriate or available for use in other jurisdictions. Access to the Web Site's content or its materials from jurisdictions where such access is illegal is prohibited. Users who choose to access the Web Site from other jurisdictions do so at their own initiative and risk and are responsible for compliance with all relevant local laws. MoviePass is not responsible for any violations of law as a result of the User's actions. Trade Marks And Other Such Rights The trade marks and logos ("Marks") displayed on the Web Site are the property of MoviePass or other third parties. The User is not permitted to use these Marks without the prior written consent of MoviePass or the relevant third party proprietor of the Marks, and the User acknowledges that any such use may constitute an infringement of the relevant proprietor's rights. The User acknowledges that all intellectual property rights in all materials on the Web Site remain the property of MoviePass or the relevant third party proprietor, licensor or other content owner. Except as expressly permitted herein, no portion of the information on the Web Site may be reproduced in any form, or by any means, without prior written permission from the Mark owner.

file:///C|/Documents%20and%20Settings/usd11171/My%20Documents/Downloads/MoviePass%20terms.htm[6/30/2011 4:41:37 PM]

Links To Third Party Web Sites If the Web Site contains links to third party web sites. Access to any other web site through a link on the Web Site is at the User's own risk and MoviePass is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites or the security of any link or communication with those sites. MoviePass reserves the right to terminate a link to a third party site at any time. The provision of a link to a third party web site through the Web Site does not mean that MoviePass endorses, authorises or sponsors that web site nor does it mean that MoviePass is affiliated with the third party web site's owners or sponsors. MoviePass provides these links merely as a convenience for the User. Web Site Security The User agrees not to corrupt (or attempt to corrupt) any data or to circumvent (or attempt to circumvent) any of the security safeguards of MoviePass or any of its suppliers. The User acknowledges that the Internet is not entirely secure and whilst MoviePass will take all reasonable steps to safeguard the security of any credit card information the User imparts through encryption methods, MoviePass shall not be liable for any damage that the User may suffer as a result of the loss of confidentiality of any such information. Online Subscription Purchases The following terms apply if the User uses a credit/debit card to purchase a subscription through the Web Site. By requesting tickets through the application, the User is placing a booking request for tickets on the Terms that is only deemed accepted by and binding on MoviePass once it has processed valid payment and sent the User email confirmation of the User's subscription plan. The email confirmation of a booking will set out the details of the MoviePass subscription plan. MoviePass is not responsible in the event that the User selects the wrong film when booking tickets via the Application, or if the User is excluded from viewing the film under any condition. The User will receive his/her cinema tickets when entering a certain proximity to the theater selected through their smartphone device. To make any payment by credit/debit card, the User must provide the cardholder's name and email address, the card number, the card security code, the card expiry date and (where applicable) the card start date and/or issue number. Transactions will appear on the cardholder's bank or card statement as a payment to "MoviePass" Use of the tickets will be subject to the terms and conditions set out in the theater of choosing by the user. All transaction details, including credit card details, are encrypted using Secure Sockets Layer. Further, MoviePass seeks to ensure that bank details are never transmitted in clear text through the MoviePass booking system. Subscription Terms When registering for a subscription to MoviePass, Clients will be required to provide personal billing information via credit card account. If the the Company does not receive e-mail notice of cancellation from the Client at least one (1) days prior to the conclusion of the monthly period, the Client will be automatically billed the regular subscription fee of the monthly service. Thereafter, the Client will continue to be automatically billed on a recurring basis until the Company receives written notice of cancellation from the Client. For details on canceling subscriptions, see "Cancellation and Refund of Your Subscription" below. Abuse of Trial Subscriptions If a user is found to have used multiple accounts or MoviePass has reason to believe that a customer may have abused the subscription system through fraud or otherwise, the alleged customer's credit card will be charged our monthly subscription rate of the corresponding Service for each violation. If possible, the Client will be contacted by phone and/or by email, if such action occurs. The sole purpose of this provision is to limit abuse of the trial subscription process and to enhance the quality of our services to those paying for our services. Redemption Process Redemption will be done solely through iPhone and Android smart phones. The user will not be able to print a ticket for theater on their PC. The user will purchase their ticket through their smart phone or PC for the movie and showtime they would like to attend. After the purchase is made the user will be send a confirmation email. Once the user gets a certain geographical distance to the theater their movie of choice is showing, the user will receive the pre-purchased ticket through their smartphone. Once the user receives the ticket they will then be able to scan or punch in the barcode provided by MoviePass and walk directly into the movie without standing in line. Subscriptions can be signed up for on your smart phone at www.mobile.MoviePass.com or on your PC or Mac at www.MoviePass.com. Subscriber Violations For each Client to gain access to information provided by MoviePass, the client agrees to abide by the terms and conditions and accepts this legal document by means of an electronic signature. The Company defines "Client" as a household, workplace, duplicate IP addresses, or any other means that the Company may use to identify duplicates. The Company has implemented an advanced automated tracking system to track duplicate trail subscription requests for tracking trial subscriptions. The Company will only use this

file:///C|/Documents%20and%20Settings/usd11171/My%20Documents/Downloads/MoviePass%20terms.htm[6/30/2011 4:41:37 PM]

information should it be reasonably determined that a Client or individual or entity has potentially violated the agreement. Our system records the necessary information to turn over to collection agencies, etc. The amount charged for violations will be equivalent to one monthly subscription fee. The Company reserves the right to use a collection agency to collect any outstanding balances. MoviePass reserves the right to seek appropriate punitive damages. Terms Of Use For MoviePass The User accepts the Conditions and MoviePass's General Terms and Conditions by using the MoviePass Subscription. The user will only be permitted to see a title one (1) time through MoviePass. If the user attempts to see the same title more than one (1) time, the users MoviePass account will be automatically suspended. Access to the MoviePass is every day of the week (subject to the Cinema being open, inventory and usage); A valid MoviePass subscription entitles the User to: (i) Unlimited amount of movie tickets per month subject to the Cinema being open, inventory and usage. (ii) one seat (depending on availability) for any film screening open to the general public (excluding premium screenings such as 3-D screenings); (iii) MoviePass purchases and distributes a certain amount of inventory per month. While MoviePass makes all attempts to provide unlimited access to films in theaters nationally, time and locations for movies may vary based on MoviePass inventory, usage, and showtime availability. If the time and date for the movie the user wants to see is not available for the MoviePass user or in our inventory. All film screenings are subject to normal restrictions such as age certifications, and MoviePass's General Terms and Conditions. The User shall have no preferential rights of access for any screenings except for special screenings organized for MoviePass users. The User is not entitled to use MoviePass in conjunction with any other promotions offered by MoviePass unless otherwise stated and MoviePass be used to prove the User's age. The User may only book a ticket in advance throught the iPhone/Android application for MoviePass on the day of the performance and may not book online, by telephone or any other means. To use MoviePass, the User must present it at a participating Cinema box office. The MoviePass will be scanned to check its validity and additional identification may be requested. If the MoviePass is validated, the User will be issued with a ticket for the chosen screening and time, subject to availability. If MoviePass is not validated, the User may be advised to contact the MoviePass Helpdesk, for data protection reasons. Your ticket must be shown again when the tickets are checked before entering the relevant auditorium. MoviePass is only valid for one movie at any one time and cannot be used to obtain a ticket for another movie before the film presentation for which it has been used comes to an end. MoviePass will be valid from the Start Date for the Initial Period unless terminated by You or MoviePass.

CANCELLATION POLICY: Subscription to our services may be terminated at any time, and without cause, by either MoviePass or the Subscriber by contacting support at http://MoviePass.com/help.php or emailing support@MoviePassinc.mojohelpdesk.com at least one(1) day prior to the monthly or quarterly subscription renewal date. When termination is requested by a subscriber, subscription fees are NON-REFUNDABLE. Subscribers are liable for charges incurred by them until termination of service. Cancellation of service is not official until Subscriber receives e-mail confirmation from a MoviePass Representative. If Subscriber does not receive a cancellation confirmation within 48 hours of request (excluding weekends and holidays), Subscriber must call our offices at ###-###-#### to verify the Subscriber's e-mail address is correct and that the cancellation notice was received by MoviePass. If a user cancels, the MoviePass service will not be accessible for sign up again for 90-180 days after the cancellation date depending on the circumstances. DVD Policy DVD Return Policy Defective/Damaged Item Return Policy 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 currently 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. 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. Returned titles must be in their original factory packaging. Enclose with each returned title the following information: Your name, address and telephone number. A copy of your MoviePass receipt as proof of purchase.

file:///C|/Documents%20and%20Settings/usd11171/My%20Documents/Downloads/MoviePass%20terms.htm[6/30/2011 4:41:37 PM]

The reason why you are returning the title. When returning items to us, 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. 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 609 Greenwich St New York, NY 10014 (877) 301-7887 www.moviepass.com You may also contact our customer service department at xxx-xxx-xxxx if you have any other questions. Non-defective return policies Only sealed, unopened titles will be accepted for credit, exchange, or refund within 30 days of purchase. Discs must be in "like new" condition in order for us to issue credit. 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. This policy is not intended to confer, and does not confer, any rights or remedies. Returned titles must be in their original factory packaging. Enclose with each returned title the following information: Your name, address and telephone number. A copy of your MoviePass receipt as proof of purchase. The reason why you are returning the title. Send all returns to: 609 Greenwich St New York, NY 10014 www.moviepass.com (877) 301-7887 Lost or Damaged Shipments If you receive a title that has been damaged or is defective, please e-mail us or call us. 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. 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. DVD Purchase Policy Payment Methods MoviePass accepts paying with your credit card on file with MoviePass or American Express, VISA, MasterCard, and Discover cards. If you are purchasing 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 make sure that you submit the correct info. This security check occasionally causes a delay 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. Pre-order policy for "Upcoming" items If you pre-order a "Upcoming" item we will ship the item once it has been released by the home video company. Please be aware that the release dates for titles change, sometimes 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 is shipped. Backorders 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 goal is to maintain significant inventory levels so that backorders do not occur but in the end we are human and it will happen. Items that are backordered, and shipped at a later date will be subject to additional shipping charges. You will not be billed for the item until it is shipped. Canceling/changing an order

file:///C|/Documents%20and%20Settings/usd11171/My%20Documents/Downloads/MoviePass%20terms.htm[6/30/2011 4:41:37 PM]

Once placed, your order cannot be changed or cancelled online. In order to make any changes to an existing order, please contact Customer Service via email at support@moviepass.com, via telephone at (877) 301-7887. As orders are continously 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 which were unable to be cancelled. Normal shipping time within the USA 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 to your shipping location the day the DVD comes out. Due to delays and circumstances with the shipping company, MoviePass will not be responsible for a DVD arriving to the shipping address

Copyright 2011 Terms of Service / Privacy Policy / Contact Us / Help

file:///C|/Documents%20and%20Settings/usd11171/My%20Documents/Downloads/MoviePass%20terms.htm[6/30/2011 4:41:37 PM]