MovieWatcher Network Terms & Conditions
Welcome to www.amcentertainment.com (the “Site”). AMC Entertainment, Inc. and its affiliates (collectively, “AMC”, “we”, “us” or “our”) have adopted the following terms and conditions of use (the “Terms”) in order for each visitor (“you”) to enjoy your visit to the Site, or the mobile version thereof, and to ensure that you know what to expect from your visit to the Site. PLEASE READ THESE TERMS CAREFULLY AS THEY REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND AMC. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SITE YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS.
On www.amcentertainment.com you will be able to get all the info you need to watch a movie at AMC, like movie times and tickets, plus everything you need to get into them: cast, crew and director info, movie trailers and details from behind the scenes. You can also get connected on the MovieWatcher Network – rate and review movies and trailers, blog about the latest new releases and set reminders for upcoming movies you don’t want to miss. All in one place – AMCEntertainment.com
AMC reserves the right, at its sole discretion, to change, add, or delete portions of these Terms or any other policies and guidelines applicable to the Site at any time. AMC may modify, discontinue, or suspend its operation of the Site, or any part of the Site, temporarily or permanently, at any time, without notice to you. If AMC exercises this right, AMC will post the revised Terms on the Site and will indicate the date of the last revision at the top of the Terms. Your continued use of the Site after any change, addition or deletion constitutes your acceptance of the revised Terms. Accordingly, you should review these Terms whenever you visit the Site to see if these Terms have been revised.
Eligibility
Creation of an account, access or use of the Site is void where prohibited by applicable law. The Site is not intended for children under the age of 13 years of age without parental consent and supervision. By creating an account, accessing or using the Site, you represent that you are at least 13 years of age or that you have obtained parental consent.
Privacy
Please review our privacy policy, which also governs your visit to this Site and your creation of an account at this Site, to understand our practices concerning the collection, use and disclosure of information about you.
Electronic Communications
When you create an account, use this Site or send e-mail to us, you are communicating with us electronically. Your use of this Site or communication with us via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Account Obligations
When you have completed the MovieWatcher Network and/or MovieWatcher Rewards registration form (and obtained parental consent if you are under the age of 13) you will receive an account, and will have selected a password. You agree to (i) provide accurate, current and complete information about you as may be prompted by any registration form on the Site, and promptly update your information to ensure that it remains complete and accurate for so long as you maintain an account at the Site; (ii) maintain the confidentiality of any passwords associated with your account; (iii) monitor all activity under your account; and (iv) assume full responsibility for all activity that occurs under your account. You must immediately notify AMC of any unauthorized use of your password or account or any other breach of security.
Site Content and Intellectual Property Rights
All content on the Site provided by AMC and its Licensors including, but not limited to designs, text, graphics, pictures, video, applications, software, music, sound and other content (collectively, “Site Content”), and their selection and arrangement on the Site, are the proprietary property and may be copyrighted and/or trademarked by AMC or AMC’s licensors. No Site 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 AMC or AMC’s licensors. Any unauthorized use of Site Content or violation of this provision is a material breach of these Terms and may be a violation of applicable law. Nothing in these Terms may be construed as transferring or licensing any of AMC’s intellectual property rights to you, whether by estoppel, implication or otherwise.
Limited License to Use Site Content
AMC grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Site Content only for your personal, noncommercial use, if you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, the Site Content.
Mobile Services
The Site includes certain functionality made available via your mobile phone, such as the ability to browse certain portions of the Site from your mobile phone, and the ability to find movie times and theatre locations.(collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you regarding the Site by SMS, MMS, text message or other electronic means to your mobile device and that we may receive certain information about your use of the Mobile Services through our communications with you through your mobile device.
MovieWatcher Network Community Rules
The MovieWatcher Network Community is a place for community members to be nice, talk about movies and have fun. However, there are a few basic rules that all community members must follow when creating a profile, making posts and comments, or otherwise using the public areas of the Site, which are set out below, and certain community guidelines to ensure the MovieWatcher Network Community is a friendly place for all.
Your Conduct
You must not (i) select or use an account name or use an e-mail address of another person with the intent to impersonate that person; (ii) select or use an account name or use an e-mail address that is subject to the rights of another person without authorization; (iii) use an account name in violation of the intellectual property rights of any person; or (iv) use an account name that we, in our sole discretion, deem offensive.
The materials included in the public portion of your account, and all posts and comments made in the public areas of the Site ARE NOT PRIVATE.
Any conduct by you that in our sole discretion restricts or inhibits any other visitor or community member from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You must not make repeated requests to community members who choose not to respond to your requests. You must not post any personal or commercial classified ads in any public area of the Site. If you publish a post or comment on someone else’s post, you must not use language or post any material that is invasive to another community member’s privacy, abusive, hateful, or libelous. Material that encourages criminal conduct, or violates any civil, local, state, national, or international law will not be tolerated. No unauthorized advertisements, pornographic materials, or junk mail is permitted.
User Content
Community members have made a variety of information available on the Site, such as advice, opinions, recommendations and other statements from community members, posts and comments on posts by community members, and text, graphics, images, photographs, videos, audio and other content (collectively, “User Content”). Opinions expressed as a part of User Content are the views of the community member posting the message, and do not reflect AMC’s opinions. AMC does not necessarily endorse, support, sanction, encourage, verify or agree with the User Content posted on the Site. AMC is not responsible for the materials posted by our community members. You must not tamper with, disrupt, or alter without permission, another community member’s User Content.
You represent that your User Content does not misappropriate or infringe the intellectual property rights of a third party, 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 libelous, defamatory or otherwise unlawful material. You represent that your User Content is not confidential.
Although AMC does not claim ownership of User Content, by posting User Content to any public area of the Site, you automatically grant AMC a worldwide, non-exclusive, perpetual and irrevocable, freely transferable and sub-licensable (through multiple tiers), royalty-free right and license to use, copy, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, via the Site or otherwise, for any purpose. You also represent that you have the right and authority to grant such a license.
Monitoring the Site
AMC has the right, but not the obligation, to monitor the User Content posted on the Site to determine compliance with these Terms and any other operating guidelines or policies established by us. We have the right, but not the obligation, in our sole discretion to edit, refuse to post or remove any User Content submitted to or posted in the public areas of the Site. Without limiting the foregoing, we have the right to remove any User Content that we, in our sole discretion, find to be in violation of these Terms, our guidelines and policies or otherwise objectionable. Notwithstanding these rights, you are solely responsible for your User Content.
Violation of Terms
Please report any violations of these Terms by flagging the User Content or by sending an e-mail to: communitymanager@amctheatres.com
Contact With Advertisers or Other Third Parties and Other Web Sites
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 Site are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Site are provided solely for your convenience and should not be construed as an endorsement by AMC of the materials, goods or services provided, or made available, by the third parties. Any Dealings with third parties are at your own risk. AMC does not assume any responsibility or liability with respect to any Dealings you may have with third parties.
Use of Site is at Your Own Risk
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR CREATION OF AN ACCOUNT, AND YOUR ACCESS AND USE OF THE SITE OR ANY CONTENT MADE AVAILABLE AT THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT AMC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
Disclaimer of Implied Warranties
AMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
AMC DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. AMC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. ACCORDINGLY, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT FROM THE SITE. AMC 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 SITE.
Limitation of Liability
IN NO EVENT WILL AMC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, SITE CONTENT, USER CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE, EVEN IF THEY HAVE BEEN MADE AWARE OR 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 AMC FOR THE USE OF THE SITE. 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.
NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THESE TERMS OR RELATING TO THIS SITE MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
Indemnity
You release, and will defend and indemnify us and our officers, directors, employees, agents, successors and assigns, 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 an indemnified party due to such claim or cause of action arising out of (i) any breach of these Terms by you, (ii) your use of, and conduct on, this Site, (iii) the use by any other persons accessing this Site using your account, or (iv) the User Content you post or otherwise make available on the Site. 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.
Notification of Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify AMC as follows:
copyrightagent@amctheatres.com
or:
AMC Entertainment
Attn.: Legal Department
920 Main Street
Kansas City, MO 64105
Please provide the following information in your notice: (a) a description of your copyrighted work that you claim has been infringed; (b) a description of the material on the Site that you claim is infringing upon your work, with enough detail so that we may locate it on the Site; (c) your statement that you have a good faith belief that the use you have identified is not authorized by the copyright owner, its agent, or the law; (d) your statement, under penalty of perjury, that (1) the information in your notice is accurate and complete, and (2) that you are the owner of the copyrighted work involved or that you are authorized to act on behalf of the owner of the copyrighted work; (e) your address, telephone number, and e-mail address; and (f) your physical or electronic signature.
AMC will remove the allegedly infringing material, subject to the procedures outlined in the Digital Millennium Copyright Act.
Arbitration
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT WE WILL ARBITRATE ANY DISPUTES WITH YOU. ALL DISPUTES RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR THE SITE WILL BE SUBMITTED TO FINAL AND BINDING ARBITRATION FOR RESOLUTION.
Arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules and in the case of consumer disputes, under its Supplementary Procedures for Consumer Related Disputes (collectively "AAA Rules"). Notwithstanding anything to the contrary in these Terms, the location of the arbitration and the allocation of costs and fees for the arbitration, if a consumer dispute, will be subject to the limitations provided in the AAA Rules for consumer related disputes. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER
WHETHER IN COURT OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS SECTION WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION.
JURY TRIAL WAIVER
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT (AS PROVIDED IN THIS SECTION), YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
With respect to any dispute not subject to the arbitration provisions contained in these Terms, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Missouri. You hereby consent and 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 Missouri.
You must bring any claim, action or proceeding related in any way to these Terms or the Site (including your visit to or use of the Site) within 12 months of the accrual of the claim or cause of action.
Termination
AMC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard your User Content within the Site, for any reason, including, without limitation, if AMC believes that you have acted inconsistently with the letter or spirit of these Terms. Further, you agree that AMC is not liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after any such termination. Rights and obligations under these Terms, which by their nature should survive will remain in full effect after any termination or expiration of the Terms.
Applicable Law
By visiting this Site or creating an account with this Site, you agree that the laws of the state of Missouri, 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 AMC. These Terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
General
These Terms, together with AMC’s privacy policy, community network guidelines and any other policy posted at this website are the entire agreement between AMC and you relating to this Site and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to these Terms, the Site or your access and use of the Site. If any provision of these 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, and such finding will not affect the balance of these Terms, which will remain valid and enforceable.
Copyright © 2009 AMC Entertainment, Inc. All Rights Reserved
