Platinum Terms & Conditions
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 8 AND 9.
These Emagine Platinum Membership Terms and Conditions (the “Terms”) govern the Emagine Platinum Membership Program (“Program”). Emagine Entertainment and its affiliates (“Emagine,” “we,” “our” or “us”) provides the Program. Purchase or use of any membership in the Program (“Membership”) subjects the purchaser or user (“you,” “your,” “yours,” or “Member”) to these Terms, as amended from time to time.
1. MEMBERSHIP AND GENERAL TERMS
a. By purchasing a Membership or otherwise participating in, enrolling in and/or using the Program, you agree to be bound by these Terms, as amended from time to time.
b. By enrolling in the Program, Members agree to receive marketing and other Program communications, unless expressly disallowed. Members must submit and maintain accurate and current user information.
c. Membership is valid only at participating Emagine Theatres and is open to residents of the US who are 18 years of age or older. Members under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to enroll. You may not have more than one Membership account. No business entities, organizations or groups may register. You accept responsibility for all activities that occur under your account and you agree you will not sell, transfer or assign your Membership. If you access your account online, you are responsible for maintaining the confidentiality of your password.
d. Membership cards (i) are nontransferable, except to a new card for the same Member in the case of a lost or stolen card, (ii) have no cash value and are not gift cards or gift certificates, (iii) may not be purchased, and
(iv) are not redeemable for cash unless required by law.
e. Members have the right to cancel their Membership at any time. If a Member cancels during the first thirty (30) days of the initial, or any renewal term, he or she will be entitled to a full refund for the Membership term during which such cancellation occurs, but only if such Member has not gained benefit from the program during such 30 day period. No refunds will be available after such thirty (30) day period (subject to partial refund due to Program termination, as described immediately below) or in the event of fraudulent behavior on the part of Member.
f. We may terminate a Membership, without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Membership would violate any provisions of these Terms or applicable law, or would otherwise be harmful to our interests. In the event of any such termination Member will be entitled to a pro rata refund of the Membership fee if termination occurs in the first 30 days of Membership.
We may terminate or alter any or all of the benefits available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we will either maintain Membership benefits until expiration of the current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current one-year Membership period.
The Program entitles Members to the following benefits:
- $100 credit issued at sign-up, which may be used to purchase movie tickets and all food and beverage items; valid at any Emagine theatre; expires one year from date of issuance
- Primary member receive a free movie ticket on his/her birthday inside either Emagine Palladium or Emagine Royal Oak.
- Membership covers one’s entire household / immediate family members.
- Membership will attach to a primary member, but all household members may attend with or without the primary member present.
- Founding Members are automatically enrolled in Emagine Extras including concession discounts at all Emagine theatres.
- Members may bring up to 9 guests per visit (Members must purchase a ticket for each guest) for a total of 10 attendees at any one film.
- Members enjoy preferred seating rights (exclusively open for Platinum Members to purchase prime seats up until showtime, non-Members will be able to book tickets in advance, but this is limited to back and front rows. Emagine reserves the right, at its sole discretion, to alter the policy as needed.)
To apply benefits, the Membership account must be active and available at the time of purchase. Emagine is not responsible for the use or redemption of benefits from an account that has been lost, stolen or otherwise used without Member’s permission.
3. MEMBERSHIP FEE.
The annual Membership fee is $350 for the first 250 Members (“Founding Members”). Founding Members will continue to pay the same fee upon each eligible renewal as further discussed below in Section 5. Fees are also subject to taxation in accordance with applicable federal, state, provincial or local law. We may change the fee at any time, but changes will apply only to new and renewal Memberships for non- Founding Members.
4. COMMON COURTESY CODE OF CONDUCT
In order to ensure that every Emagine guest enjoys an outstanding movie- going experience, and to enhance the quality and cleanliness of applicable venues, those entering the premises agree to conduct themselves pursuant to the following policies as a condition of admittance:
- No non-member under the age of 18 shall be allowed on the premises without the accompaniment of a parent or guardian. Those violating this policy will be removed without refund. Members’ children are welcome to attend provided that they behave in accordance with the terms and conditions of membership laid out within this page.
- No children 6 years old or younger will be admitted to any “R” rated film.
Inside an auditorium, no guest shall:
- Talk or communicate in any manner that disturbs other guests
- Use a cell phone or pager, engage in text messaging, or use any other electronic device (Blue Tooth, portable gaming device, etc.)
- Place one’s feet or shoes on any portion of a seat whether his/her own or on an adjacent seat
- Kick or push another guest’s seat
- Use electronic cigarettes, in the building
- Occupy or reserve seats they have not purchased
- Run in aisle ways, hallways, or staircases (this rule applies to the lobby, as well)
- Allow small children to cry, misbehave, or cause any other form of disturbance
- Bring in outside food or beverages
- Dispose of chewing gum other than in a waste receptacle
- Record, via any means, the presentation on the screen
- Dress in an inappropriate manner, as determined in the sole and exclusive judgment of Emagine management.
Failure, of any guest, to abide by such code of conduct shall be cause for immediate expulsion from the premises and revocation of one’s Emagine Platinum Membership. Under such circumstances, no refund will be granted. Moreover, should a guest fail to follow the direction of an usher or manager seeking to enforce one or more of the aforementioned policies, law enforcement officials may be summoned to remove the person from the premises. The purchase of a ticket shall constitute acceptance of the aforementioned policies. If you are unable or unwilling to adhere to these policies, we respectfully ask that you patronize another theatre.
5. TERM; GRACE PERIOD, RENEWALS.
The Membership term is one year from the date Emagine Palladium opens for business or from the date of payment for enrollment, whichever occurs later. Renewals within a current term extend the existing expiration date by one year from end of the prior term. Members will have 30-day grace period for renewal. If after the 30-day grace period no renewal has occurred, the Member’s account will be reset and no balance will be carried forward. Following the grace period, Founding Members will also forfeit the right to obtain renewal at the pre-existing fee and will pay the then-applicable Membership fee in order to renew. When an expired Membership is renewed, the new term begins on the date of renewal and expires one year from the renewal date.
6. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMAGINE AND ALL OF ITS AFFILIATES, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “EMAGINE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMAGINE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMAGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. GOVERNING LAW.
These Terms, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of law principles.
8. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of a dispute, claim, or controversy arising out of or in connection with your Membership in the Program, Emagine or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Emagine by email to http://www.emagine- entertainment.com/contact/ AND by U.S. Mail to P.O. Box 841 Troy, MI 48099-0841 To the extent that Emagine has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Emagine and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Emagine and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Emagine or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Program.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Emagine and you arising under these Terms or in connection with your Membership in the Program, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Program shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in the State of Michigan and Emagine and you agree to submit to the personal jurisdiction of any state or federal court in Michigan to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at www.jamsadr.org or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms.
Emagine shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney’s fees and expert witness costs unless Emagine is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Emagine and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Emagine and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Notwithstanding the foregoing, Emagine and you agree not to seek any attorney’s fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Emagine and you understand that, absent this mandatory arbitration provision, Emagine and you would have the right to sue in court and have a jury trial. Emagine and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in- person hearing under the JAMS Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Emagine and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out via http://www.emagine-entertainment.com/contact/ AND by U.S. Mail to P.O. Box 841 Troy, MI 48099-0841. The notice must be sent within the later of 30 days of your enrollment in the Program or within 30 days of changes to this Section being announced by us, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Emagine also will not be bound by them. If you do not affirmatively elect to opt out as described above, your Membership in the Program will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this Section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Emagine and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Emagine to the extent that any such claims arise out of your Membership in the Program.
9. Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Emagine and you agree that Emagine and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms in connection with your Membership in the Program will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Emagine and you further agree that Emagine and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Program. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Michigan State.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of Emagine to the extent that any such claims arise out of your Membership in the Program.
These Terms, including all documents referenced herein, represent the entire understanding between us and any user of the Program and supersede any other agreements, statements or representations. Headings used in the Terms are for reference only and shall not affect the meaning of any provisions.
11. CHANGES TO THE TERMS.
We may change the terms of the Terms at any time without notice or liability by posting revised Terms on the Emagine website located at www.emagine-enterainment.com. Any change shall take effect immediately upon posting, unless otherwise provided.