Here's what you're agreeing to by using Dealflicks, Inc.'s websites and related mobile apps (the "Dealflicks service"):
The Dealflicks service is for people trying to movie ticket and concession deals for themselves, their families, and their friends, and Dealflicks grants you a limited and revocable right to use the service for those purposes. Without separate, written permission from Dealflicks in advance, you may not: (i) reuse or "scrape" Dealflicks's data for use in another service or website, (ii) attempt to circumvent any controls or limitations Dealflicks places on your ability to access Dealflicks or information on the Dealflicks service, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Dealflicks service or otherwise interfering with the proper function of the website, or (iv) "frame," "mirror," or otherwise incorporate any part of the Dealflicks service into any other website.
If you are looking for movie information for a commercial purpose, you may not use Dealflicks to find information and then book deals found on Dealflicks through another website or service. If you are using Dealflicks for a non-commercial reasons (such as for personal use), you may choose to book your movie ticket and concession deals elsewhere.
The Dealflicks service, and all information, data and other content and materials available on the service, including, but not limited to, the Dealflicks logo and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of Dealflicks and its suppliers and licensors and are protected by U.S. and international intellectual property laws.
DEALFLICKS and the Dealflicks logo are trademarks of Dealflicks, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dealflicks. All other trademarks, product names and company names or logos mentioned on the Dealflicks website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
DISCLAIMER OF WARRANTIES
DEALFLICKS IS OFFERED "AS IS" THAT MEANS WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF DEALFLICKS, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING BUT NOT LIMITED TO: PRICES, SCHEDULES, SEAT AVAILABILITY, THEATER TYPES, OR THE HELP WE PROVIDE VIA LIVE CHAT OR EMAIL.
DEALFLICKS AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEALFLICKS WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
GIVEN THAT THE DEALFLICKS SERVICE IS PROVIDED TO YOU FOR FREE, YOU AGREE THAT DEALFLICKS IS ENTILTED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL DEALFLICKS OR ITS LICENSORS OR SUPPLIERS BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE DEALFLICKS SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF DEALFLICKS OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (iii) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) ANY AMOUNTS PAID BY YOU TO ANY OF DEALFLICKS'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE MAY LINK.
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE DEALFLICKS SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DEALFLICKS SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DEALFLICKS SERVICE.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LINKS TO THIRD PARTY CONTENT
The Dealflicks service may contain links to third party products, services and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their content, advertising, or other materials they may provide to you. You also understand and agree that we don't necessarily have a relationship with the providers of services displayed on the Dealflicks service.
MODIFICATIONS TO THE DEALFLICKS SERVICE
We're still working on the Dealflicks service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Dealflicks service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Dealflicks service, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the Dealflicks service.
This Agreement, and all legal issues arising from or related to the Dealflicks service, shall be governed by and construed in accordance with the laws of the State of California without regard to that state's conflict of law provisions. The state and federal courts in and for Alameda County, California shall be the exclusive forum and venue to resolve any and all disputes arising out or related to this Agreement.
All disputes between you and Dealflicks will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court).
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
You agree that, by entering into this Agreement, you and Dealflicks are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of the Dealflicks service.
If you elect to seek arbitration, you must first send to Dealflicks, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Dealflicks should be addressed to: Dealflicks, Attn: Legal, One Commerce Center - 1201 Orange St. #600, Wilmington, DE 19899. ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Dealflicks and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Dealflicks may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Dealflicks or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dealflicks is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
After Dealflicks receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Dealflicks will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Dealflicks and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your primary residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Dealflicks will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds in favor of Dealflicks as to the substance of your claim or the relief sought, you will reimburse Dealflicks for your portion of the filing fee. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees will be governed by the AAA Rules. In such case, you agree to reimburse Dealflicks for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND DEALFLICKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dealflicks agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Dealflicks makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision, and agree to promptly cease using the Dealflicks service.
“Dealbucks” are a form of Dealflicks currency that may be applied as a credit only towards the purchase of movie ticket and concession deals (“Deals”) on the Dealflicks service. Dealbucks do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale of Dealbucks is strictly prohibited. If a purchase exceeds the redeemer's Dealbucks balance, the remaining amount must be paid with another payment method. Dealbucks are issued in country-specific currency. You can only use Dealbucks on Deals that accept the currency of the home account in which your Dealbucks are issued. If you have purchased Deals or had other interactions with us in different geographic locations, it is possible that you might have Dealbucks in more than one currency. To help ensure that all of your Dealbucks land in your account and are available for your purchases when you need them, we assign you a “primary currency.” Your primary currency will be the currency of the country in which you first purchased a Deal. If you have not purchased a Deal, your primacy currency will be the currency of the country in which you first subscribed to the Dealflicks service.
There are two types of Dealbucks: (1) Paid Dealbucks, which are purchased or given in exchange for express consideration in certain incremental values; and (2) Promotional Dealbucks, which are given to certain customers in connection with a specific promotion, contest or sweepstakes.
Promotional Dealbucks expire based on the terms of the particular promotion. Paid Dealbucks expire five (5) years after the date of purchase or issuance, except where expiration of Paid Dealbucks is prohibited by law, in which case they do not expire. Dealbucks are not returnable or refundable for cash, except where required by law. Resale of Dealbucks is strictly prohibited.
You may not sell or otherwise distribute access to your Dealbucks to any other person or entity. Your Dealbucks cannot be combined, co-mingled or otherwise merged with Dealbucks in any other Account whether registered to you or not. Dealbucks cannot be used to purchase Dealbucks. Unauthorized or fraudulent use, resale, acquisition or distribution of Dealbucks is prohibited. We may cancel, revoke or otherwise prevent the issuance of Dealbucks if we suspect any unauthorized or fraudulent use and/or if we mistakenly credit your Account with Dealbucks. For more information on Dealbucks, please see http://dealflicks.com/dealbucks.
You can earn a $5 “Favoriting Coupon” by Favoriting Theaters who are currently not partnered with Dealflicks that later list deals on Dealflicks. If you have previously purchased deals at a theater, and if the theater cancels their partnership with Dealflicks but then later reactivates their partnership by listing deals on Dealflicks again, you are not eligible to receive a Favoriting Coupon for this particular theater. All theaters that have Launched prior to April 1, 2014 are ineligible for participation in this Favoriting Coupon promotion.
We may from time to time offer you (and your friends) the opportunity to obtain Promotional Dealbucks by referring your friends to the Sites through our Refer-A-Friend program (the “RAF Program”). To participate in the RAF Program, we may ask you to refer friends by various means, that may include distributing your own personalized signup links or directly providing us with the email addresses of the friends you wish to refer to us. If an email is provided, we will then send your friends an email, the contents of which you will get to see before we send it out. The email or signup page linked from personalized link will explain the RAF Program, invite them to sign up with Dealflicks. The specific terms of each RAF program opportunity may differ and will be identified at the time of activation. Referrers may earn up to a maximum amount of $100 in Promotional Dealbucks per month. Promotional Dealbucks will be time-limited promotional codes, may be subject to additional use limitations, and have no cash value.
Remember that Promotional Dealbucks are currency-specific. So, you (and your friends) can only redeem Promotional Dealbucks on Deals that accept the currency of the home account to which the Promotional Dealbucks are issued. Under the RAF Program, Promotional Dealbucks are issued in the currency of the referring person’s home account (i.e. the currency of the country where the referring person made their first purchase or first subscribed to Dealflicks). Consequently, any Promotional Dealbucks issued under the RAF Program can only be used on Deals that accept the currency of the referring person’s home account. Dealflicks reserves the right to change, modify and/or discontinue the RAF Program, in whole or in part, in its sole discretion, at any time and without notice.
Some portions of this document are borrowed-with permission-from here under a Creative Commons license.
Last updated Nov 25, 2013.