TERMS OF USE

This site is owned or managed by Muvico Entertainment, L.L.C., a Delaware limited liability company (“Muvico”) and is part of the Muvico family of companies, which includes other quality entertainment and dining establishments (each a “Site” and collectively the “Sites”).

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE.

This Agreement sets forth the terms of use for the Site. Muvico reserves the right to change, modify, add, or remove portions of this Agreement at any time. Please review this Agreement periodically for changes. Your continued use of the Site shall be deemed to constitute acceptance and agreement to be bound by such changes, revisions or modifications without limitation or qualification. If at any time you do not accept any change, revision or modification, you must immediately discontinue use of this Site.

Privacy Policy.

Muvico’s Privacy Policy is a part of this Agreement and is incorporated herein by this reference.

Click here to view our Privacy Policy.

Compliance with Laws.

YOU AGREE TO COMPLY WITH ALL LAWS, RULES AND REGULATIONS APPLICABLE TO YOUR USE OF THE SITE AND YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO THE SITE MAY BE TERMINATED IMMEDIATELY IN MUVICO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON.

Scope of Use.

Muvico provides this Site and related services for your personal, non-commercial use only and subject to your compliance with this Agreement.

Use of Intellectual Property.

The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, software, logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Muvico or by other parties that have provided rights thereto to Muvico.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Site, in whole or in part, without the express written permission of Muvico.

You further acknowledge and agree that all Muvico Marks (as defined below) are the exclusive property of Muvico, its affiliates or third-party licensors. This Agreement does not authorize you to use any Muvico Mark, and you agree not to use any Muvico Mark in any manner without the prior written consent of Muvico, which consent may be withheld in the sole discretion of Muvico. “Muvico Marks” means MUVICO, MUVICO THEATERS, MUVICO THEATERS – THE WORLD’S PREMIER MOVIE EXPERIENCE, CLICK YOUR SEAT, AMERICA’S MOST BEAUTIFUL THEATER, PREMIER and all other trademarks, service marks and other commercial symbols used in connection with Muvico’s or its affiliates’ business.

Other trademarks, service marks, product names and company names or logos appearing on this Site that are not owned by Muvico may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site, or frame this Site, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Site in an email for commercial purposes, without the express written permission of Muvico.

Links.

This Site may produce automated search results or otherwise link you to websites operated by third parties. Muvico does not monitor or control any of these other websites, and you acknowledge and agree that Muvico is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The presence of a link to a third-party site does not constitute or imply Muvico’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site, and Muvico disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.

User Content and Postings.

Muvico does not control and is not responsible for any notes, messages, billboard postings, blogs, ideas, suggestions, concepts or other material, or files delivered to a Site by you or other users. Each user, and not Muvico, is responsible for all such content he or she uploads, posts, emails, transmits or otherwise makes available in connection with the Site. Muvico is not obligated to and does not regularly review, monitor, delete, or edit such user content or postings. You understand that by using the Site, you may be exposed to user content or postings that are offensive, indecent or objectionable. Under no circumstances will Muvico be liable in any way for any user content or posting, including, but not limited to, for any errors or omissions in any user content or posting, or for any loss or damage of any kind incurred as a result of the use of any user content or other postings emailed, posted, transmitted or otherwise made available in connection with the Site. The information and opinions expressed in postings on this Site are not necessarily those of Muvico or its content providers, advertisers, sponsors, affiliated or related entities, and Muvico makes no representations or warranties regarding that information or those opinions. Muvico does not represent or guarantee the truthfulness, accuracy, integrity, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings and user content submitted to the Site automatically and immediately become the property of Muvico without any obligation of confidentiality. Muvico shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Muvico does not retain exclusive ownership of any posting, then you hereby expressly grant to Muvico a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the user content or posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such user content and postings. You represent and warrant that you own or otherwise control all rights in and to any such user content or posting submitted or posted to the Site, and that public posting and use of such user content or other posting will not infringe or violate the rights of any third party.

Conduct.

In connection with your use of the Site, you agree not to:

1. deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes;
2. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Site, or any postings which advocate illegal activity;
3. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable;
4. deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
5. deliver, or provide links to, any postings containing defamatory, false or libelous material;
6. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
7. deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
9. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
10. use this Site service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means of uploading or  transmitting to this Site or Muvico’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer;
11. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
12. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

Although Muvico does not pre-screen postings or user content, Muvico has the right, but not the obligation, to delete or move any content for any reason. Without limiting the foregoing, Muvico has the right to remove any user content or other posting that violates this Agreement.

Providing Information to Muvico.

When you provide information about yourself to Muvico, you agree to: (i) provide accurate, current, and complete information about yourself; and (ii) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Muvico has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Muvico has the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.

Use of Wireless Services in Connection with the Site.

Muvico may provide users of the Site and other customers with the opportunity to utilize mobile and wireless services in connection with the Site, including without limitation, to register for special promotions, services (including online purchases and wireless and mobile ticketing redemption), news, programming and information delivered via text messaging and other wireless devices. You will be deemed to have provided your consent to receive such information from Muvico and/or the Site, either by providing delivery instructions (including without limitation your telephone number or wireless email address) to Muvico or otherwise registering for such services on any Site. You further acknowledge and agree that you will be charged by your wireless carrier for all messages sent to you from Muvico. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Muvico or any of its affiliates be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.

You also understand, acknowledge and agree that Muvico may, at its sole discretion and without liability, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. Muvico may provide notice of terminations or changes in services on this Site.

Disclaimer of Warranties.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. MUVICO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MUVICO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. MUVICO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. MUVICO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

MUVICO IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL MUVICO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF MUVICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MUVICO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification.

You agree to indemnify, defend, and hold harmless Muvico, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Site and any related Muvico service and/or software or your violation of any third party rights. Muvico reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Muvico in asserting any available defenses.

Choice of Law and Jurisdiction.

This Agreement shall be governed by the laws of the State of Florida without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of this Site must be resolved in the state or federal courts situated in the State of Florida. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

Equitable Relief.

You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Muvico shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Muvico seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.

Attorneys’ Fees.

In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys’ fees and costs.

Severability.

If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Waiver.

Any waiver by Muvico of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by Muvico to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive Muvico of the right to insist upon strict adherence to that term or any other term of this Agreement.

Termination.

Muvico reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.

Contacting Muvico.

If you have any questions about this Agreement, you can contact the Company at questions@muvico.com.