Terms & Conditions
West Wind Drive-In and Santa Cruz Cinema Terms & Conditions
These Terms and Conditions govern use of the West Wind Drive-In and Santa Cruz Cinema websites, the West Wind Drive-In and Santa Cruz Cinema mobile apps and the West Wind Drive-In and Santa Cruz Cinema Movie Perks Program. The West Wind Drive-In and Santa Cruz Cinema websites and mobile apps (together, the “Site”) is an online store where you can participate in the West Wind Drive-In and Santa Cruz Cinema Movie Perks Program and purchase movie tickets, gift cards, and certain merchandise provided by, or through, Syufy Enterprises, a California limited partnership, and/or its affiliates (“Syufy Enterprises,” “us,” “our,” or “we”) subject to your compliance with the Terms and Conditions set forth below.
The Movie Perks Program is operated by Syufy Enterprises doing business as (i) West Wind Drive-In and (ii) Santa Cruz Cinema. As a member of the Movie Perks Program (“Member”), you are either a member of Points or Points+ and are able to collect points and receive rewards and access other Member benefits (see below for details regarding enrollment in and the benefits of each of Points and Points+.) While points may be redeemed for Movie Ticket Rewards and other items of value, and Credits may be used for movie tickets and other items of value, the Movie Perks Program is not a ticket purchase program nor a ticket subscription service. The offer of movie tickets is one of several benefits obtained through membership in the Movie Perks Program and a dollar value cannot be ascribed to any movie ticket acquired through the program.
Please read the following information carefully before using the Site or the Movie Perks Program. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms and Conditions and are bound by them, as changed periodically. Syufy Enterprises reserves the right, in its sole discretion, to terminate the Movie Perks Program and/or to modify, alter, or otherwise update these Terms and Conditions at any time and without notice to you. By clicking “I agree” when using the Movie Perks Program webpage at westwinddi.com, santacruzcinema.com or the Movie Perks Program page in the West Wind Drive-In or Santa Cruz Cinema mobile apps (together, “Movie Perks Page”), after any changes to these Terms and Conditions have been posted, you accept those changes.
Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify Syufy Enterprises to terminate your Account or Movie Perks Points+ Account or you must delete the West Wind Drive-In or Santa Cruz Cinema mobile apps.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND SYUFY ENTERPRISES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Enrollment in the Movie Perks Program: To enroll in the Movie Perks Program you must meet the terms for participation established by Syufy Enterprises. Once your enrollment is processed and accepted by us, we will establish an account in your name (“Account”) and assign you a member identification number (“User ID”). Access to your Account is through the website or the mobile apps. Enrollment is limited to one Account per member per email address.
If you do not enroll in Movie Perks Points+ (see below), as a Member, you will receive benefits of Movie Perks Points.
Enrollment in Movie Perks: THERE IS A FEE TO ENROLL IN MOVIE PERKS POINTS+. You need not enroll in Movie Perks Points+ in order to use Movie Perks Points. Movie Perks Points+ is separate and apart from Movie Perks Points and is subject to additional Terms and Conditions, as set forth in Section 4 below. You are neither automatically enrolled nor are required to enroll in Movie Perks Points+; you will be enrolled only if you elect to do so.
Please see below for additional terms and conditions related to Movie Perks Points+.
Enrollment, membership, and all related benefits of Movie Perks Program are offered at our discretion.
Syufy Enterprises reserves the right to unilaterally modify, suspend, discontinue, or terminate all or any portion of the Movie Perks Program in accordance with these Terms and Conditions. The financial terms of the Movie Perks Program and certain Rewards, as described below, are subject to change, including for example, for special or limited offers.
You may not sell, exchange, charge or otherwise dispose of any points or Member benefits except in accordance with these Terms and Conditions.
3. Rewards under the Movie Perks Program
Points Members earn 1 point for every dollar spent prior to applicable sales or other tax (“Applicable Tax”). Points+ Members earn 2 points for every dollar spent prior to Applicable Tax. A Member may be able to redeem accrued points for benefits which may include, among other things, tickets, upgrades, discounts, coupons, special offers, sneak previews, early bird access, concession discounts, and other Member-only benefits (“Reward(s)”). Certain Rewards are offered on a first-come, first-served basis due to limited quantities. Available Rewards are subject to change and may be subject to age-related restrictions solely at our discretion.
3.1 Earning Points: Points are earned through making purchases on the Site and at participating West Wind Drive-in and Santa Cruz Cinema locations. At times, points may be earned via interactions with the Site or West Wind Drive-in and Santa Cruz Cinema social media accounts. Points may not be earned or accrued by any deposit or transfer of funds to your Account.
In order to qualify to accrue points, you must identify yourself as a Member by presenting your User ID or required information when dealing with the Site and participating locations.
Points that you accrue as a result of your transactions with the Site and participating locations will be posted to your Account. Points will normally be posted to your Account within twenty-four (24) hours from the time of your purchase from the Site or participating location, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your points are properly credited. If proper credit does not appear on your activity statement, you should contact us via the Site and then provide any requested documentation to verify your purchase. We reserve the right to determine whether points should have been posted to your Account and to adjust your Account accordingly.
Some locations may not participate in the Movie Perks Program. Membership entitles you to earn points only from the locations participating in the Movie Perks Program. We may refuse to record or honor points in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded points if the point-issuing location tells us to cancel the points (for example, because you returned or did not pay for products or services for which the points were issued). Neither we nor any participating location are responsible for any Reward or offer which is no longer in effect.
If you believe that any Account summary showing the number of points in your Account is in error, you must notify us through the site, within thirty (30) days of the date the point was or should have been issued or it will be deemed correct. You may be required to submit documentation (such as receipts) to support your claim. Members are responsible for contacting us to request points be added back for accidental redemption. However, we do not guarantee that points will be added back as requested.
Points are not redeemable for cash. Points are not eligible for re-sale or exchange. Points may not be used towards the purchase of a gift card, gift certificate, select merchandise items, private movie screenings, theater buy-outs for special events, or alcohol.
There is a 24-hour daily points cap operating as follows: a maximum of 500 points may be earned within a 24-hour period.
Points may be earned for concession purchases, excluding alcohol, at participating locations. The Movie Perks Program points are not redeemable for discounts wherever prohibited by state law, including, for example, for alcoholic beverages, dairy, etc.
Alcohol, select merchandise items, and gift card purchases are ineligible to earn points. However, points can be earned for purchases using a gift card.
Points are awarded based on the pre-tax subtotal of your transaction. The value of points given will be equivalent to the pre-tax dollar value of your purchase, rounded down to the nearest whole dollar for all transactions with 49 cents or less in change and rounded up to the nearest whole dollar for all transactions with a change of 50 cents or more.
3.2 Adjustments: In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to the Movie Perks Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding points have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your points earned through Movie Perks may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you received upon redemption of points that are subsequently deducted from your Account.
3.3 Redemption of Points; Rewards: Points redeemed are applied on a first in, first out basis.
Members can redeem applicable number of points for 2D movie tickets (“Movie Ticket Reward”) as part of the Movie Perks Program. Upcharges may apply for any non-2D or premium format tickets. Movie Ticket Rewards issued to Points Members will expire 6 months after the member is deemed inactive. Movie Ticket Rewards issued to Points+ Members will never expire so long as the Member retains active status and the Movie Perks Program remains unchanged and in effect. Should a Member cancel his/her Points+ membership, Movie Ticket Rewards will expire 6 months from the date of cancellation. If a ticket purchased using a Movie Ticket Reward is refunded, the Movie Ticket Reward will revert back to the original expiration date at issuance as applicable to the Points or Points+ membership.
Movie Ticket Rewards must be used before any Points+ Credit (defined later) can be used.
Members can redeem points for additional 3-D or premium format upgrades, concession discounts, and exclusive Member-only sales and events.
Points may at times be redeemable for coupons. Each coupon is valid for one item only. There is a limit of one coupon per transaction. The coupon code and barcode must be visible for use. You may upgrade a free concession item to a larger size of the same item if you pay the difference in value between the item as listed on the coupon and the value of the larger sized item. Unless specified, coupons are not valid with any other promotions or discounts. Concession coupons may be combined with the concession discount available to Points+ Members, but any coupons will be applied prior to the application of any concession discount. Coupons are not valid for re-sale. Coupons may not be used for free or discounted purchases of alcoholic beverages. Coupons have a cash value of 1/100th of one cent, in jurisdictions that required a stated value, and are not redeemable or eligible for re-sale or exchanges.
Physical items issued as Rewards may be limited to one Reward per Member. The one-Reward limit applies regardless of the number of points in the Account at the time and immediately after points are redeemed for a given Reward.
If points are redeemed for a physical Reward, the item will be fulfilled within 30 days of redemption. Points will not be refunded once an item has been sent to the fulfillment center for processing. Points will be refunded to the Account if the item has not been delivered within 60 days of redemption.
Members may be invited to redeem points for “Birthday Rewards.” Birthday Rewards are only redeemable one time per twelve-month period. Birthday Rewards must be used within 30 calendar days of Members self-reported birthdate. Members must present their User ID and a separate valid form of identification at the time of redemption. Birthday Rewards are subject to change.
Points will expire if not redeemed within a six-month period. At the time of expiration, all points will be forfeited. Membership is not terminated upon expiration and forfeiture of points, and the Member can continue to accrue points through his/her Account.
We will not be taken to have waived any of our rights even if we allow redemption of points or honor Rewards when not required.
3.4 Discontinuation; Suspension; Account Closure: To be considered active, a Member must have scanned his/her User ID or earned a Reward within the preceding six months. We may, in our sole discretion, at any time and without prior notice:
(i) Discontinue transmitting all or any part of the Content (as defined below) related to the Movie Perks Program;
(ii) Change, discontinue or limit access to the Movie Perks Program or any functionality, feature or other component of the Movie Perks Program; or
(iii) Suspend or terminate your use of or access to your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
You may elect to close your Account at any time. Points members may close their membership here. Points+ members should close their account by visiting the subscription portal. Upon closure, any rights to redeem points from that Account are lost.
3.5 Termination, Changes, and Breach: We may change any aspect of the Movie Perks Program including the issuing and redemption procedures of any Rewards or points in any respect, all without notice. For example, but without limitation, we may add, delete or change participating locations, time limits for collection, redemption or use of points or Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If:
- no points are recorded in your Account for six (6) months;
- you commit fraud;
- you misrepresent any information;
- you violate any Terms and Conditions;
- you abuse your Movie Perks Program privileges; or
- you act in any other way to the detriment of us, our participating locations, or the Movie Perks Program,
We may, without affecting our other rights, terminate your enrollment and/or cancel your points and disclose only appropriate information requested by proper authorities. If points expire or are cancelled for any reason, they become void without compensation.
Should we terminate or discontinue the Movie Perks Program in its entirely or at one or more participating locations, or terminate your account for reasons other than those enumerated above, we reserve the right to cancel your points, Credits, and Rewards—with or without a redemption or expiration period of our choosing—or convert them to other items of value (e.g., tickets or concession coupons) or assign them and your membership information to a successor entity who shall ascribe a value to them in their sole and absolute discretion
4. Use of Movie Perks
4.1 Program Overview. Enrollment in the Movie Perks Points program is a free membership account as stated on our Movie Perks Page. An active Movie Perks Points Member (“Points Member”) will receive special members-only discounts on concessions at participating theaters and have the ability to earn points through making purchases on the Site and at participating West Wind Drive-in and Santa Cruz Cinema locations. At times, points may be earned via interactions with the Site or West Wind Drive-in and Santa Cruz Cinema social media accounts. Points may not be earned or accrued by any deposit or transfer of funds to your Account.
Enrollment in the Movie Perks Points+ program is on the basis of a monthly membership fee (“Membership Fee”) as stated on our Movie Perks Page. An active Movie Perks Points+ Member (“Points+ Member”) will receive one credit (“Credit”) per month valid for one regular 2D movie ticket. Additionally, Points+ Members will also receive special members-only discounts on concessions at participating theaters and all other rewards as defined in the Movie Perks Program (“Points Member”).
When you enroll in Movie Perks Points+ you will receive a monthly credit redeemable for one (1) regular 2D movie ticket at participating theatres (and except in certain theatres where an upcharge may be added) and will be able to access members-only pricing on tickets and concessions.
Points+ Members are automatically enrolled in the Movie Perks Points Program. As such, Points+ Members are subject to the Terms and Conditions set forth in Sections 3 and 4 above. In addition, the following Terms and Conditions apply. If there is a conflict between any terms in Sections 3 and 4 and this Section 5, the terms of this Section 5 shall control.
4.2 Enrollment, Renewal, and Cancellation. Purchase is required for enrollment in Movie Perks Points+. Points+ Members must be enrolled in the Movie Perks Program (however, enrollment in Movie Perks Points does not require enrollment in Movie Perks Points+ and there is no purchase required for enrollment as a Movie Perks Points Member). The Membership Fee may vary based on zip code and may or may not include applicable taxes. The Membership Fee and terms of enrollment will not be changed during the course of the membership month. However, Syufy Enterprises reserves the right to change the Membership Fee and terms of enrollment at the time of monthly renewal. If the Membership Fee and terms of enrollment are changed, Syufy Enterprises will send an e-mail notification to Points+ Members prior to renewal with instructions for your termination, if desired, of your Movie Perks points+ account (“Movie Perks Points+ Account”).
Renewal of the Movie Perks Points+ membership is automatic. Syufy Enterprises will charge the credit card on record for the Membership Fee, typically on the 30th day of the billing cycle for automatic renewal. Unless the Membership Fee has changed, Syufy Enterprises will not send any e-mail notification prior to charging the credit card for a renewal.
The Member is responsible for keeping the credit card information updated on the Movie Perks Points+ Account. If the credit card on record cannot be charged, the Movie Perks Points+ Account will be cancelled and Syufy Enterprises will send an e-mail to the Member notifying the cancellation of the Movie Perks Points+ Account effective as of the date of monthly renewal.
A Movie Perks Points+ Account is active and available for use immediately upon receipt of the confirmation email acknowledging creation of a Movie Perks Points+ Account. Enrollment is limited to one Movie Perks Points+ Account per Points+ Member per email address. Syufy Enterprises requires that Movie Perks Members be at least sixteen (16) years of age.
There is no required minimum enrollment period. Points+ Members may cancel membership at any time through the profile management page. The cancellation will be effective from the billing cycle following the effective date of cancellation. The Membership Fee cannot be refunded. All unused Credits remaining in the Movie Perks Points+ Account expire six (6) months from the date of cancellation or termination by Syufy Enterprises.
4.3 Use of Credits. Points+ Members will receive one (1) Credit valid for one (1) regular 2D movie ticket during each month of membership. Except in certain theatres where an upcharge may be added, each Credit may be redeemed for one (1) regular 2D movie ticket or the Membership Fee paid for the Credit, whichever is higher. The Credit can be used to book tickets at any participating location. Credits may be redeemed only for regular 2D tickets; upcharges will apply for any non-2D or premium format tickets. Credits may not be redeemed for special events including, but not limited to, live streaming events, Fathom events, Encore events or private events.
Unused credits (“Rollover Credits”) rollover into the following month. Rollover Credits continue to rollover and may be used indefinitely in an active Movie Perks Points+ Account. If a Movie Perks Points+ Account is cancelled, all Rollover Credits expire six (6) months from the date of cancellation.
Credits may not be partially used; the entire Credit is to be used on booking one ticket. Tickets booked with a Credit are transferrable and may be used by anyone. However, Credits may not be transferred and are only redeemable by the Points+ Member who received the Credit in his/her Movie Perks Points+ Account.
A Points+ Member can use any number of available Credits in a single transaction. There are no limitations on number of transactions for the concessions discount.
If Credits are used to purchase tickets but the Points+ Member is unable to make the showtime, we will refund the Credit(s) (not cash value) to the Points+ Member’s Movie Perks Points+ Account. The Member is not entitled to receive the cash value of any refunded tickets.
A Credit is not a gift card and is not redeemable for cash; it may not be used for any transaction except the booking of one (1) regular 2D movie ticket. Credits cannot be refunded. However, tickets booked using the Credit may be exchanged for a new ticket.
4.4 Member Discount; Purchase Process. Points+ Members will receive a 20% discount towards the purchase of all concessions, except on alcoholic beverages, dairy, etc. wherever prohibited by state law.
Points+ Members must present their User ID, or a print-out or email associated with their Movie Perks Points+ Account to book a ticket at the point of sale. Points+ Members may book tickets online and will receive a confirmation number as with an ordinary purchase. Tickets booked using a Credit or member discount cannot be purchased at a kiosk. No online fees or service fees are applied to transactions booked through an active Movie Perks Points+ Account. Syufy Enterprises reserves the right to require customers to present an alternate form of identification, such as a valid photo ID, while booking a ticket at the box office with their Movie Perks Points+ Account, if they cannot present a valid User ID.
Please refer to the FAQ page for further details regarding the Movie Perks Points+ program.
5. Use of the Site and the Movie Perks Program
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE AND IN THE MOVIE PERKS PROGRAM ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. SYUFY ENTERPRISES DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR THE MOVIE PERKS PROGRAM GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYUFY ENTERPRISES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE OR THE MOVIE PERKS PROGRAM. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE AND IN THE MOVIE PERKS PROGRAM IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, SYUFY ENTERPRISES CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
NO POINTS MAY BE REDEEMED UNTIL THEY HAVE BEEN CREDITED TO THE MEMBER'S ACCOUNT. COUPONS, CREDITS, AND REWARDS HAVE A VALUE OF ONE 100TH OF ONE CENT (IN JURISDICTIONS THAT REQUIRE A STATED VALUE), CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING LOCATION. Transactions upon which points are earned or redeemed and all Rewards are subject to all applicable legal rules and the terms and conditions set by the participating locations and the Site.
SYUFY ENTERPRISES CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE MOVIE PERKS PROGRAM.
5.2 No Warranty: THE SITE AND THE MOVIE PERKS PROGRAM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SYUFY ENTERPRISES MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, THE MOVIE PERKS PROGRAM, OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. SYUFY ENTERPRISES ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE MOVIE PERKS PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SYUFY ENTERPRISES SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE OR THE MOVIE PERKS PROGRAM ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF SYUFY ENTERPRISES.
5.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL SYUFY ENTERPRISES HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THE MOVIE PERKS PROGRAM OR YOUR PARTICIPATION IN THE MOVIE PERKS PROGRAM; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING MOVIE REWARDS OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM POINTS; (III) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE MOVIE PERKS PROGRAM MADE BY A PARTICIPATING LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING LOCATIONS; OR (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MERCHANDISE. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $20, whichever is less.
5.4 Indemnification: You agree to indemnify and hold Syufy Enterprises harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs. Syufy Enterprises reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by Syufy Enterprises in the defense of any claim. You shall not in any event settle any claim without the written consent of Syufy Enterprises.
5.5 Member Obligations; Prohibited Actions: You agree that you will not, and will not permit others to:
(i) Provide any unauthorized third party with access to the Site, the Movie Perks Program or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Syufy Enterprises (collectively, "Content") by any means;
(ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site, the Movie Perks Program or any of the software applications used by you in connection with your use of the Site or the Movie Perks Program;
(iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site or the Movie Perks Program;
(iv) Disable any licensing or control features of the Site;
(v) Introduce into the Site or into the Movie Perks Program any virus or other code or routine intended to disrupt the Site or the Movie Perks Program, alter or delete its Content, access confidential Content on the Site or the Movie Perks Program, retrieve or record information about the Site or its users, or interfere with the operation of the Site or the Movie Perks Program , including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Site or the Movie Perks Program with another program or create derivative works based on the Site or the Movie Perks Program;
(vii) Post any material in any form whatsoever on the Site or within the Movie Perks Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
(viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site or the Movie Perks Program to others;
(ix) Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or the Movie Perks Program, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or the Movie Perks Program; or
(x) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or the Movie Perks Program. Except as expressly provided herein, Syufy Enterprises reserves all rights with respect to the Site and the Movie Perks Program, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with the Site and with the Movie Perks Program and acknowledge that the Site, the Movie Perks Program and all rights therein and goodwill pertaining thereto belong exclusively to Syufy Enterprises. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Movie Perks Program or thereafter:
(i) Attack the title or any rights of Syufy Enterprises in or to the copyrights, trademark, and other intellectual property in the Site or the Movie Perks Program;
(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or the Movie Perks Program;
(iii) Claim (adversely to Syufy Enterprises or anyone claiming rights through Syufy Enterprises) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or the Movie Perks Program;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or Movie Perks or bring the Site or the Movie Perks Program into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of trademarks or any mark which is, in Syufy Enterprises’ reasonable opinion, the same as or confusingly similar to any of Syufy Enterprises’ trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Syufy Enterprises’ reasonable opinion, the same as, confusingly similar to or incorporates any of Syufy Enterprises’ trademarks.
5.6 Copyright; Trademarks: Syufy Enterprises, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site and the Movie Perks Page. Except as provided in these Terms and Conditions, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Site or the Movie Perks Page without the prior written consent of Syufy Enterprises. Systematic retrieval of content from the Site or the Movie Perks Page to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site or the Movie Perks Page without written permission from Syufy Enterprises is strictly prohibited.
Nothing on the Site or the Movie Perks Page shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site or the Movie Perks Page. Unless otherwise specified, the Site and the Movie Perks Page are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site or the Movie Perks Page for your personal use only. Copying or downloading material from the Site or the Movie Perks Page does not transfer title to any material on the Site or the Movie Perks Page to you. If you copy or download any information or software from the Site or the Movie Perks Page, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of Syufy Enterprises or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain Syufy Enterprises written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.
You agree to grant Syufy Enterprises an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site or the Movie Perks Page by you.
Syufy Enterprises reserves all rights to copyright and trademark ownership of its material at the Movie Perks Page and will enforce such rights to the full extent of the law.
5.7 Social Media Features: The Site, including the Movie Perks Page, may provide certain social media features that enable you to:
Link certain content on the Site to certain third-party websites.
Send emails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.
5.9 Passwords: When these Terms and Conditions have been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one individual. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will allow access to the Site and the Movie Perks Program only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither Syufy Enterprises nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s account, username or password without permission. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify Syufy Enterprises as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT SYUFY ENTERPRISES HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.
If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site or the Movie Perks Program that would damage, interfere with or unreasonably overload the Site and/or the Movie Perks Program.
5.10 Exclusions and Limitations; Consumer Protection Notice: If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence, and Syufy Enterprises reserves all rights, defenses and permissible limitations under the law of your State of residence.
5.11 Shipping of Rewards and Site Purchases: Syufy Enterprises (or its vendor) will only ship to addresses located in the United States. We do not ship to P.O. Boxes. When you redeem the Movie Perks Program points for physical rewards, or make purchases on the Site for gift cards or merchandise, you must provide a valid mailing address for shipment. It is your obligation to provide full shipping information at the time of redemption of points for or purchase of a physical item in order to receive the item. Failure to do so may result in the loss of the Movie Perks Program points and/or the physical Reward for which the points were redeemed. Syufy Enterprises will not use the address provided for any marketing purposes.
5.12 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to Syufy Enterprises via Visa, MasterCard, Discover, and American Express credit cards only. At this time, we are not accepting any other method of payment.
If you purchase tickets on the Site with a registered account your purchases are non-refundable, including any service charge(s).
5.14 Age Requirements: Access to or use of the Site and the Movie Perks Program is void where prohibited by applicable law. The Site and the Movie Perks Program are not intended for children under the age of thirteen (13) without parental consent and supervision, and Syufy Enterprises makes no active effort to collect personal information from individuals under thirteen (13) years of age. You must be at least sixteen (16) years of age to become a Member of the Movie Perks Program. By accessing or using the Site, you represent that you are at least thirteen (13) years of age or that you have obtained parental consent. By enrolling in the Movie Perks Program, you represent that you are at least sixteen (16) years of age.
5.15 Controlled from the United States: The Site and the Movie Perks Program are controlled from offices within the United States. Syufy Enterprises makes no representation that content or materials in the Site or the Movie Perks Program are appropriate or available for use in other jurisdictions. Access to the Site, the Movie Perks Program, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site or the Movie Perks Program from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF CALIFORNIA WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE AND THE MOVIE PERKS PROGRAM, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF MARIN COUNTY OR SAN FRANCISCO COUNTY, CALIFORNIA IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
5.16 Not Authorized to do Business in Every Jurisdiction: Syufy Enterprises is not authorized to do business in every jurisdiction. Information published on the Site or the Movie Perks Program may contain references or cross-references to goods or services that are not available in your state or country.
5.17 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language.
5.18 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. Disputes shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Marin County or San Francisco County, California, in English or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with the rules. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt out notice (“Notice”) to Syufy Enterprises. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to Syufy Enterprises’ home office located at 150 Pelican Way, San Rafael, California 94901 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with Syufy Enterprises.
Syufy Enterprises Home Office:
150 Pelican Way
San Rafael, CA 94901