Subject to compliance with the agreement, including but not limited to applicable age and residency restrictions, you have a limited, non-transferrable, non-sublicensable and revocable license to access and use the site for its intended purpose which shall be for your personal use and not, for example, for reselling or outsourcing the site’s functionality or otherwise using it as a service bureau or data center. You may print copies of site materials as reasonably necessary for permitted use of the site, but such copies shall not be distributed to others. Uses of the site not expressly authorized herein are prohibited.

You agree to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product obtained through the site. Subject to applicable law, VIP Cinemas reserves the right, with or without prior notice, to do any one or more of the following: (A) limit the available quantity of, or discontinue any offering of, any product or promotion; (B) impose conditions on the honoring of any gift card or promotion; and (C) bar you from making or completing any or all transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions.

Some portions of the site require you to register and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and accurate. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.

We reserve the right to take such action in our discretion to help ensure the security of the site, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (A) any action or inaction of VIP Cinemas under this provision or (B) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by VIP Cinemas’ breach of the express terms of this agreement, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the site are subject to change at any time without notice.

All purchases and sales of movie tickets and gift cards are final.

You agree not to: (A) access or attempt to access any information, documents, images, software or material (individually and collectively, “materials”) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available through the site; (B) disrupt or interfere with the security of, or otherwise cause harm to the site, or to any materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the site or any affiliated or linked websites; (C) access or use the site in any manner that could damage, disable, overburden or impair any server or network used by VIP Cinemas in connection with the site; (D) use any materials in connection with the site in any manner that infringes upon any intellectual property rights or other rights of any party; (E) transmit unsolicited or bulk communications to any VIP Cinemas’ account holder or to any vipcinemas.com e-mail address or other e-mail addresses associated with VIP Cinemas; (F) post or otherwise submit any software, programs or materials via the site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (G) disrupt, interfere with or inhibit any other user from using and enjoying the site or other websites, materials or services associated with VIP Cinemas; (H) violate any applicable laws or regulations related to the access to or use of the site, and/or engage in any activity prohibited by this agreement; (I) compile, use, download or otherwise copy any materials available on the site (except as expressly permitted by the agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such materials to any third party; (J) use the site to engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (K) use any robot, spider, or other programmatic or automatic device, to obtain information from the site or otherwise monitor or copy any portion of the site; (L) frame, mirror, or use framing techniques on any part of the site without VIP Cinemas’ express prior written consent; (M) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing site materials, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by this agreement, use any materials; (N) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the site; (O) remove any copyright, trademark, or other proprietary rights notice from the site or materials; and/or (P) use any VIP Cinemas’ domain name as a pseudonymous return e-mail address.

These examples of prohibited conduct are illustrative and are not exhaustive. VIP Cinemas reserves the right to take action, up to and including terminating a user’s account, if the user is determined, in VIP Cinemas’ sole discretion, to have engaged in prohibited conduct or otherwise violated this agreement.

You agree and acknowledge that use of the site is without warranty of any kind and that the access to and use of the site, as provided under the terms of use, is provided “as is” and “as available” basis, to the full extent permissible by applicable law. All warranties are hereby disclaimed, including but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, and warranties based on custom or practice. Applicable law may not allow the above exclusion of implied warranties, so the exclusion may not apply to you and shall apply only to the maximum extent allowed by law. no advice or information, whether oral or written, obtained by any user from VIP Cinemas or the site shall create any warranty not expressly stated herein.

For the avoidance of doubt, and without limiting the foregoing, VIP Cinemas cannot and does not represent or warrant that the site, its server, or user content will be error-free, uninterrupted, timely, secure, free from viruses and other harmful components, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

We may display on the site user content, information, instructions, videos, services, products, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by VIP Cinemas or its affiliates of any content of the linked third-party website, and VIP Cinemas does not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither VIP Cinemas nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites.

In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any third-party content displayed on the site, any products, services or other materials relating to any such contant, any linked third-party site, or any link contained in a linked sit.

You agree to defend, indemnify and hold harmless VIP Cinemas, its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site (but excluding claims resulting from our breach of this agreement), including without limitation, any information or content you submit to the site, any material you download from the site or any interference with the operation of the site.

By submitting any comment, idea, suggestion, response to questionnaires or other material to the site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by VIP Cinemas will not infringe on or violate the rights of any third party.

VIP Cinemas, the VIP Cinemas logo, and other marks, logos, graphics, and trade dress used on the site are VIP Cinemas’ trademarks or the trademarks of third-party affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the site, such as text, graphics, images, audio clips, video, data, music, software, and other materials, is owned or licensed property of VIP Cinemas or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright, patent, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such materials except as expressly permitted in the agreement.

Except as explicitly stated otherwise, any notices you send to VIP Cinemas shall be sent by e-mail and regular mail at the addresses listed in the paragraph immediately below. In the case of notices VIP Cinemas sends to you, you consent to receive notices and other communications by VIP Cinemas posting notices on the site or sending you an e-mail at the e-mail address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that VIP Cinemas provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please note the following: (A) VIP Cinemas is located at 3930 Mezzanine Drive Suite A Lafayette, IN 47905; (B) the fees charged for VIP Cinemas products and/or services vary depending on the services selected by you; and (C) if you have a question or complaint regarding this site or VIP Cinemas products or services, please send an e-mail to support@vipcinemas.com. You may also contact us by writing to the address above, or by calling us at (800) 473-3523. In accordance with California Civil Code 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

In the event a dispute arises between you and VIP Cinemas, as a condition precedent to bringing any litigation, you and VIP Cinemas agree to first contact each other at the address provided above for VIP Cinemas, and at the e-mail address provided by you in connection with your account, and provide a written description of the problem, how the party has been harmed, what the party is demanding, a statement of the merits of the claim, and a proposed resolution. In the event the proposed resolution is not acceptable, you and VIP Cinemas, shall, within thirty (30) days, make good faith efforts to resolve the matter through in person or telephonic negotiation between you and a representative of VIP Cinemas (either side may have, in addition to the parties, a lawyer present also) involving at least one session of at least one hour in duration if the matter does not settle earlier or without the need for an hour of negotiation. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.

This agreement shall be governed and interpreted in accordance with the substantive law of the state of Indiana without regard to its conflict of law provisions. The parties agree that, to the maximum extent enforceable under applicable law, any litigation regarding use of the site and these Terms of Use shall be brought in the state or federal courts in Lafayette, Indiana. The Terms of Use has been written in the English language, and you agree that this English language version will govern your use of the site, dispute proceedings, and other matters described in the Terms of Use.

VIP Cinemas shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.

If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process.

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.