MoviePass | Terms and Conditions

Terms & Conditions

MoviePass General Terms & Conditions of Use

Date of Last Revision: September 11,2024

MoviOne, Inc., a Delaware, U.S.A. corporation and its affiliates (collectively, “MoviePass”, “we”, “us” or “our”) have adopted the following general terms and conditions of use (the “General Terms”) for the use of the MoviePass mobile application and any website operated by MoviePass including, but not limited to www.moviepass.com (collectively referred to as the “Service”) in order for each user (“you”) to utilize the use and benefits of the Service.

OUR AGREEMENT; ACCEPTANCE OF TERMS

THESE GENERAL TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE GENERAL TERMS. YOUR ACCESS TO AND USE OF THE SERVICE ARE SUBJECT TO THESE GENERAL TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICE IF YOU VIOLATE THESE GENERAL TERMS. BY CLICKING ON LINKS WITHIN THE SERVICE OR WEBPAGES BEYOND THE SERVICE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON OR DOWNLOADING OUR MOBILE APPLICATION, YOU AGREE TO THESE GENERAL TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION THROUGH THE SERVICE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, CHAT, EMAIL, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE, OR ANY INFORMATION CONTAINED THROUGH THE SERVICE.

In addition to these General Terms, your use of one or more of our services and all purchases made by you through the Service may be governed by additional terms and conditions of use as follows below:

MoviePass Subscription Program Terms and Conditions of Use (the “Subscription Terms”) that can be found at https://www.moviepass.com/subscription-terms-and-conditions.
Any time you use the Service, you are subject to the General Terms and depending on your election or participation, you may be subject to the Subscription Terms (referred to as the “Additional Terms”). If there is a conflict between the General Terms and the Additional Terms, the Additional Terms will control.

MANDATORY ARBITRATION NOTICE, CLASS ACTION AND JURY TRIAL WAIVER

These General Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

MODIFICATION OF TERMS

We reserve the right, at our sole discretion, to modify these General Terms at any time. We can change, update, add, or remove provisions of these General Terms at any time by posting the updated General Terms on the Service. We will make commercially reasonable efforts to notify you of any material changes to these General Terms, however, we are not obligated to. You waive any right you may have to receive specific notice of such changes to these General Terms except for changes to our agreement to arbitration, which is discussed more fully below. We will indicate the date of the last revision of the General Terms at the top of the General Terms. Your continued use of the Service after any modification constitutes your acceptance of the then-current General Terms. You are responsible for regularly reviewing these General Terms.

ELIGIBILITY

Access or use of the Service is void where prohibited by applicable law. This Service is not intended for persons under the age of eighteen (18). By accessing or using the Service, you represent that you are at least eighteen (18) years of age.

All information we collect through or in connection with the Service is subject to the MoviePass Privacy Policy, which can be found at the following link: www.moviepass.com/Privacy-Policy, (“Privacy Policy”).

ELECTRONIC COMMUNICATIONS

When you use the Service or send email, chat, or social media messages to us, you are communicating with us electronically. By using the Service, you consent to receive electronic communications, including electronic notices, email, chat, and text messages, and push notifications from us to any devices you link to your MoviePass account. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you, and you are responsible for any charges from your carrier for text messages sent from us. These electronic communications may include notices about applicable fees and charges, transactional information, receipts for purchases, and other information concerning or related to the Service. These electronic communications are part of your relationship with us and you agree that all notices, agreements, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified in these General Terms, all information, designs, text, graphics, pictures, video, applications, software, music, sound, and other content (collectively, “MoviePass Content”), together with the user interface, and the selection and arrangement of the Service, are our proprietary property and our subsidiaries and affiliates. We provide content through the Service that is protected by United States copyright or contains our protectable trademarks or our third-party licensors and suppliers.

Subject to these General Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download MoviePass Content for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Service for your personal use, however, you may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, the MoviePass Content. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Service or any MoviePass Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or MoviePass Content in any manner or for any purpose that would constitute infringement of our licensors’ or the Service’s other user’s intellectual property rights. All rights not expressly granted herein are reserved. Any unauthorized use of MoviePass Content or violation of this provision is a material breach of these General Terms and may be a violation of applicable law. If you breach any of these General Terms, the above license will terminate automatically, and you must immediately delete or destroy any downloaded, duplicated, or printed MoviePass Content.

REGISTRATION; USER ACCOUNTS

To access the Service or other functionality available through the Service, you will be asked to create a MoviePass account with us. It is a condition of your use of the Service that all the information you provide through the Service is correct, current, and complete, and that you have the authority to provide such information to us. You are responsible for maintaining the confidentiality of your MoviePass account information, including your email address and password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your MoviePass account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your MoviePass account or password. You may not use anyone else’s MoviePass account or password. You may not attempt to gain unauthorized access to the Service, and if you attempt to do so, or assist others in making such attempts, then we may terminate your MoviePass account. We have the right to disable any MoviePass account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these General Terms.

YOUR CONDUCT

Any of your conduct that restricts or inhibits any other user from using or utilizing the Service, as determined by us in our sole discretion, will not be permitted. You agree to use the Service only for lawful purposes.

You further agree to not use the Service in any way that:

Changes or alters the Service;
Impairs in any way the integrity or operation of the Service;
Interferes with or induces a breach of the contractual relationships between us and our employees, our agents, or our partners;
Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
Transmits any harmful or disabling computer codes or viruses;
Interferes with our network services;
Suggests an express or implied affiliation or relationship with us without our express prior written permission;
Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
Transmits or uploads content or images that infringe upon or misappropriates any third party’s intellectual property rights or right to privacy; or
Unlawfully transmits or uploads any confidential, proprietary, or trade secret information.
Repeated or flagrant use of the service outside of your registered address market.

We have no obligation, but maintain the right, to monitor the Service. The above list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your MoviePass account and your ability to use the Service with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Service or to any other user of the Service. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required, or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Service, to protect us and/or our Service users, or for any other purpose that the law permits.

USER CONTENT

The Service may contain message boards, chat rooms, forums, and other social/interactive services that allow you to post, submit, publish, display, or transmit to other users of the Service or other persons, content, messages, reviews, ratings, or materials (“User Content”) on or through the Service.

By posting User Content to a public area of the Service, you automatically grant us 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 Service or otherwise, for any purpose. You also represent that you have the right and authority to grant such a license.

You understand and acknowledge that you are responsible for any User Content you submit, or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service.

Content Standards

These content standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these General Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

MONITORING THE SERVICE

We have the right, but not the obligation, to monitor the User Content posted on the Service to determine compliance with these General 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 Service. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

THIRD-PARTY WEBSITES AND INTERACTIONS

The Service may link to other websites that are not websites controlled or operated by us. Certain areas of the Service may allow you to interact and/or conduct transactions with third parties. Your navigation to and participation in advertisements and 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 advertisements or promotions, or your purchase of goods and services (“Dealings”) with third parties found on or accessible through the Service are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Service are provided solely for your convenience and should not be construed as an endorsement by us of the materials, goods or services provided, or made available, by the third parties. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

MOBILE OPERATING SYSTEMS

The following terms apply when you use any mobile app distribution platform, sometimes referred to as a mobile operating system, that includes, but is not limited to the Apple App Store or Google Play Store (collectively referred to as an “App Distributor”) to access the Service: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the App Distributor’s operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to our mobile application as specified in the terms and conditions of our mobile application license contained in these General Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile application; (3) in the event of any failure of our mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund any applicable subscription or purchase price, if any, paid for our mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to our mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using our mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in our mobile application license contained in these General Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in our mobile application license contained in these General Terms against you as a third-party beneficiary thereof.

USE OF SERVICE IS AT YOUR OWN RISK

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SERVICE, THE INFORMATION AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH ACCESS AND USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE ON THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.

DISCLAIMER OF IMPLIED WARRANTIES

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. ACCORDINGLY, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT FROM THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT FROM THE USE OF THE SERVICE.

LIMITS ON LIABILITY

WE CANNOT GUARANTEE THE SERVICE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SERVICE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SERVICE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

IN NO EVENT WILL WE, OUR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOST DATA, COST OF PROCUREMENT OF STUBSTITUTE GOODS OR SERVICES OR THE LIKE), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE BASIS OF THE CLAIM, AND EVEN WHEN WE OR ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THAT OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRSENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER BASED ON STATUTORY, WARRANTY, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED FIVE DOLLARS ($5.00).

INDEMNITY

You agree to release, and to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, and assigns, harmless 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 us or any other indemnified party due to such a claim or cause of action arising out of (a) any breach of these General Terms by you, (b) your use or visit of the Service, your download, installation, and use of our mobile application, and your use of and conduct on the Service, (c) the use by any other person using the Service through your account, or (d) the User Content you post or otherwise make available on the Service. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties.

We comply with the Digital Millennium Copyright Act (“DMCA”). We will remove infringing materials in accordance with the DMCA if properly notified that such content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by email at DMCA@moviepass.com or by mail to the following address:

MoviOne, Inc.

Attn: Copyright Agent

609 Greenwich

New York, NY 10014

Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Copyright Agent. Your email must contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, sufficient for us to locate the material; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the DMCA, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the DMCA, we have adopted a policy of, in appropriate circumstances, terminating accounts that are repeat infringers of the intellectual property rights of others. We also may terminate accounts even based on a single infringement.

Counter-Notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a written counter-notice containing the following information to our Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Borough of Manhattan, New York City, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

GIFT CARDS AND GIFT CERTIFICATES

Limitations

MoviePass eGift cards and MoviePass gift certificates (collectively referred to as “MoviePass eGift Cards”) are redeemable for MoviePass Subscriptions. You may not return or cancel your MoviePass eGift Card after it is received. Purchasers who wish to cancel a MoviePass eGift Card order purchased prior to its delivery to a recipient should contact us at support@moviepass.com. The maximum value that can be associated with any one MoviePass eGift Card is five hundred dollars ($500.00) and total purchases for any one individual may not exceed ten thousand dollars ($10,000.00) in one calendar day. You may not use a MoviePass eGift Card to purchase other MoviePass eGift Cards. MoviePass eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused MoviePass eGift Cards may not be transferred.

Risk of Loss

Ownership and risk of loss of a MoviePass eGift Card passes to the MoviePass eGift Card purchaser as soon as we send our confirmation to the MoviePass eGift Card recipient. We are not responsible for lost or stolen MoviePass eGift Cards. If you have any questions, please see the Frequently Asked Questions (FAQs) at www.moviepass.com/faq. If you need assistance with any aspect of your purchase, ownership, or use of your MoviePass eGift Card, please contact us at support@moviepass.com.

Delivery Information and Requirements for eGift Card Purchasers

We are not responsible for MoviePass eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact us at support@moviepass.com if you suspect the recipient did not receive his/her MoviePass eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.

Reasons for Failed Delivery

MoviePass eGift Cards are delivered via email. If you have confirmed the recipient's email address but the MoviePass eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed: 1. Spam filter blocked email or routed it to a bulk/spam folder, 2. Recipient's firewall blocked the email, 3. Email inbox is over size limit, or 4. Invalid email address. If a spam filter is blocking the MoviePass eGift Card emails from getting to an inbox, the email options will need to be modified so that MoviePass eGift Cards emails are not considered spam. If you need further assistance, contact support@moviepass.com.

Limitation of Liability

MOVIEPASS AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MOVIEPASS EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A MOVIEPASS EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MOVIEPASS EGIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INJUNCTIVE RELIEF

You acknowledge that we may be irreparably damaged if these General Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these General Terms by you, we shall be entitled, without prejudice to any other all rights and remedies that may be sought under the MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER section, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these General Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in the State of New York. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

MANDATORY ARBITRATION WITH WAIVER OF CLASS ACTION AND JURY TRIAL

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and otherwise set forth herein, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Service, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Service involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (1) making written demand for arbitration upon the other party; (2) initiating arbitration against the other party; or (3) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. For all other transactions, the applicable rules will be the AAA’s Commercial Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these General Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court, and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these General Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the General Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these General Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining General Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Service and any other actions with us.

APPLICABLE LAW

These General Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these General Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York, except where the jurisdiction and venue are mandated by applicable assignment.

GENERAL

Severability

If any provision of these General 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 law, and such finding will not affect the balance of these General Terms, which will remain valid and enforceable.

Assignment

We may freely assign our obligations and rights under these General Terms.

No Waiver

No failure, omission or delay on our part in exercising any right under these General Terms will preclude any other further exercise of that right or other right under these General Terms.

Headings

Section headings are for convenience of reference only and shall not affect the interpretation of these General Terms.

Typographical Errors

Information on the Service may contain technical inaccuracies or typographical errors. We attempt to make the Service’s postings as accurate as possible, but we do not warrant the content of the Service is accurate, complete, reliable, current, or error-free.

Pause Your Plan

Monthly plans may be paused for up to two months. Annual plans may not be paused.

Pause will begin at the beginning of the next billing cycle and automatically reinstated after two months

Plans may be unpaused at any time during the pause period

Plans may be canceled during the pause period

During the pause period the account will not be charged and will not earn credits

Existing credits can be used during the pause period

Additional credits may be purchased during the pause period

A plan may be paused up to two times in a calendar year, a minimum of one month of payment must happen in between pause periods

MoviePass reserves the right to change the pause period

All existing MoviePass terms and conditions apply

MoviePass Annual Plan

The offer of a MoviePass Annual Plan is by the provided private link and for a limited time only. Sign up is from July 2024 to August 2024.

The MoviePass Annual Plan may be accessed by the MoviePass app on both iOS and Android

The selected plan begins on the day of payment and continues for 12 consecutive months. This date will be the monthly credit date. The subscriber will be charged for 10 months of the chosen plan on this initial payment date and the first month's credits awarded. Each month's credits will be released on this date for the subsequent months.

New and current subscribers

Offer is non-transferable

Not to be combined with any other offer

Prices and plans may vary by region and market

Certain films and events are excluded

Annual Plan members have access to the buy more credit option

Annual Plans may not be paused

Once billed, annual plans may not be refunded or changed

Unused credits roll-over for two months (credit total may never exceed the equivalent of two months of a given plan’s monthly credits)

Auto renewal

The following 12 month period will be billed at full annual price of selected plan

All existing MoviePass terms and conditions apply

Contact

If you have any questions regarding these General Terms, please contact us at support@moviepass.com.