Terms & Conditions
Thank you for using the services offered on the Emagine Entertainment website available at: http://www.emagine-entertainment.com/ (the “Services”). Emagine Entertainment (“Emagine,” “we,” “our,” or “us”) has adopted the following Emagine Entertainment Website Term of Service (“Terms”) governing your use of the Services, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS BELOW IN SECTION 12.
- Eligibility to Use the Services
Compliance with Laws. You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
Age Requirements. The Services are not intended for children under the age of 13 years of age without parental consent and supervision. By accessing or using the Services, you represent that you are at least 13 years of age or that you have obtained parental consent.
- Emagine Account
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at the information provided below. You should also immediately change your password if an unauthorized person has used your account.
You agree that all purchases made by you through the Services are subject to the terms applicable to those purchases, such as the purchase of movie tickets, which is subject to Emagine’s “Sale of Movie Tickets” Policy presented at check out, the purchase of a Platinum Membership, which is subject to the Emagine Platinum Membership Terms and Conditions located at http://www.emagine-entertainment.com/emagine-platinum-membership-terms-conditions/, or the purchase of Emagine gift cards, which is subject to PayPal’s applicable terms and conditions presented to you during the purchase process.
- Our Content and Your License
Ownership of Our Content. We are the sole and exclusive copyright owners of the Services and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding third party content (“Our Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works that have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and others. You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of these Terms. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights by contacting us using the information below.
Your License to Our Content. We grant you a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Our 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, Our Content.
Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Services without refund, as well as potential liability for copyright or other IP Rights infringement.
- Restrictions on Use
Without limiting the generality of these Terms, in using the Services, you specifically agree not to engage in any activity that, in our sole discretion:
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Is illegal, or violates any federal, state, or local law or regulation;
- Attempts to impersonate another person or entity;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, or other advertising materials;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access;
- Collects, accesses, or stores personal or private information about other users;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
We count on users to help us by reporting inappropriate content. If you believe content on the Services violates the above restrictions, please contact us via the information provided below.
You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
- 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 this venue, those entering the premises agree to conduct themselves pursuant to the following policies as a condition of admittance:
- No person 15 years old or younger will be admitted without a parent or guardian for any show beginning after 9 p.m.
- 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 (Bluetooth, 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
- Patrons can only hold seats for as many tickets as they have purchased
- 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 reserve seating club rights. Under such circumstances, no refund will be granted. Moreover, should a guest fail to follow the direction of an Emagine employee seeking to enforce one or more of the aforementioned policies, law enforcement officials will 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.
- Third Party Content, Links, and Advertisements
- Modifications to the Services
We may charge a fee for parts of the Services that may have been previously provided at no charge, or we may modify, suspend or discontinue all or any part of the Services, temporarily or permanently, at any time. Under no circumstances will we be held liable for any damages due to such interruptions to, or lack of availability of, the Services. Upgrades or updates of the Services may be made available from time to time. We do this to improve the quality of the Services that we provide to you and other users. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- Disclaimer of Warranties, Limitation of Liability, and Indemnification
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMAGINE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“EMAGINE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EMAGINE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE, THAT YOU WILL OBTAIN ANY SPECIFIC RESULTS THROUGH USE OF THE SERVICES, OR THAT THE SERVICE’S CONTENT IS ACCURATE OR COMPLETE. THE EMAGINE PARTIES ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Some states and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.
- Indemnification. You agree to indemnify, defend, and hold harmless the Emagine Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees and costs) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your unauthorized use of the Services, or products or services included or advertised in the Services; (ii) your access to and use of the Services; (iii) your violation of any rights of another party; or (iv) your breach of these Terms. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Termination of Your Access to the Services
You can terminate your use of the Services at time by ceasing further use of the Services.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your violation of these Terms. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. You agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
- Changes to the Terms
We may, at any time and for any reason make changes to the Terms. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the Terms will be posted on the Services and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Services. If we update or upgrade the Services, you may be required to accept the most recent version of the Terms to access the updated or upgraded Services.
- Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Emagine and you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services, 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 via http://www.emagine-entertainment.com/contact/ AND by U.S. Mail to P.O. BOX 841, Troy MI 48099. 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 Services.
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 access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services, 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 Services shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in Oakland, Michigan, and Emagine and you agree to submit to the personal jurisdiction of any state or federal court in Oakland, 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 to via http://www.emagine-entertainment.com/contact/ AND by U.S. Mail to P.O. BOX 841, Troy MI 48099. The notice must be sent within the later of 30 days of your first use of the Services or within 30 days of changes to this section being announced on the Services, 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 use of the Services 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 access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
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 the Services 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 Services. 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 Oakland, Michigan.
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 access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
- General Provisions
Interpretation. The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Governing Law/Waiver. 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.
Severability. If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Linking and Framing. You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
Social Media Giveaways. Emagine reserves the right to substitute prizes for something of equal value. Emagine will never ask you to click on a link to claim your prize.
- Contact Us
If you have any questions or concerns with respect to these Terms or the Services, please contact us at http://www.emagine-entertainment.com/contact/.