Terms of Use

 

Terms of Use

 

The following Terms of Use apply to your use of our website and mobile app, including the content, products, services, and promotions that we provide on or through our website/app or that link to our website/app.  By using our website or app, you agree that you understand and will be legally bound by these Terms of Use, which will always apply to your use unless we state otherwise (expressly and in writing).

 

DEFINITIONS

The following words have the following meanings in these Terms of Use:

  • Content” means information, data, ideas, formatting, materials, software, applications, media, text, descriptions, reviews, comments, messages, communications, submissions, suggestions, feedback, know-how, questions, hashtags, designs, images, illustrations, photographs, logos, icons, music, sound, video, and any other content.
  • Harkins”, “we”, “our”, and “us” mean Harkins Reel Deals, L.L.C. and its affiliated companies operating under the trade name Harkins Theatres.
  • MHA” means My Harkins Awards, our customer loyalty program (click here for more detail about MHA, including how to register).
  • Services” means our website and mobile application, including the Content, products, services, and promotions that we provide on or through our website or mobile application or that link to our website or mobile application.
  • Terms” means these Terms of Use.
  • Third-Party Service” means a website, mobile application, product, service, promotion, or other content or offering owned, offered, or provided by a third party (i.e., not Harkins).
  • You” and “your” mean any user of our Services.

UPDATES & CHANGES

We may change these Terms at any time by updating this webpage.  You agree to any changes by continuing to use our Services.  You further agree that you (i) do not require any notice beyond our publication of revised Terms to make any changes effective on you, (ii) are responsible for reviewing these Terms from time to time to make sure you agree to any changes, and (iii) will stop using our Services if you do not agree to any changes.  A change to these Terms cannot be enforced against us unless we make it or agree to it (expressly and in writing).  Please see the bottom of this webpage for the date on which we last updated these Terms.

USING OUR SERVICES

You agree that:

  • You are at least 16 years old or, if you are between 13 and 16, your parent or legal guardian has consented to your use of our Services, which are intended for users who are at least 16 (if you are under 13 years old you cannot use our Services).
  • We may, at any time with or without notice to you, change, restrict, suspend, or discontinue our Services or your use of our Services (except as otherwise legally required), including by adding, removing, changing, or waiving any fees required to use our Services.
  • You are solely responsible for keeping confidential and secure any credentials you use to access or use our Services, including your MHA account number, email address, and password. 
  • We are not responsible for losses in connection with the unauthorized use of our Services under your name, including losses that occur because you lose or share access to your MHA account or the device(s) you use to access our Services.
  • While we take reasonable efforts to protect the integrity and security of our Services, like any other business we cannot guarantee that our Services will be secure or error-free, and you use our Services at your own risk.
  • You will use our Services in compliance with all applicable laws, rules, and regulations and will not permit, encourage, assist, or facilitate any other person to do otherwise.
  • You will not use our Services for any commercial, fraudulent, tortious, or invasive reason (including to collect information about other users of our Services) or in any other potentially harmful, invasive, or damaging way, including by introducing into our Services, or the networks, equipment, and servers underlying our Services, any virus, spyware, ransomware, or other malicious computer code or file.
  • You will not prevent, restrict, or inhibit any other adult person from using our Services.
  • You will not impersonate or attempt to impersonate another person in connection with your use of our Services.
  • Use of our Services is void where prohibited by applicable law.

MY HARKINS AWARDS

Please visit our MHA Terms and Conditions to review the specific terms that apply to our MHA program (including Popcorn Perks®).

MAKING PURCHASES

By using our Services to make a purchase, you warrant that you are authorized to make that purchase with the payment method you use. You also agree that:

  • You will pay all charges you incur (or that are incurred on your behalf) through our Services, including listed prices, service fees, taxes, and shipping and handling charges.
  • We are not a party to any agreement(s) that govern the payment method(s) you use to make purchases (for example, a contract between you and your credit or debit card provider) and have no responsibility for your payment method(s).
  • We may change, at any time with or without notice to you, any price, image, description, feature, specification, and any other Content related to the products and services we offer on or through our Services. 
  • We do not warrant that any product or service displayed or advertised on or through our Services will be available and may, at any time with or without notice, change, restrict, limit, or discontinue any product or service, including by limiting the quantity available to a single individual, household, account, payment method, or address.
  • We may refuse service to any individual or entity (including resellers) and, by acknowledging receipt of a product or service order, we do not formally accept the order or confirm the price or availability of the product or service ordered.
  • We may impose conditions on any coupon, free pass, or other promotion for any reason permitted by law, including that all such promotions may be limited, nontransferable, not redeemable for cash, void where prohibited by law, and may expire.
  • When using any products or services purchased or obtained on or through our Services, you will comply with all applicable laws, rules, regulations, guidelines (including minimum age requirements), and these Terms.
  • Any information you provide to us when making a purchase through our Services is subject to our Privacy Policy.

Please note that we provide MHA members with the option to store payment credentials on their MHA accounts to facilitate purchase processing.  Please visit our MHA Terms and Conditions for further information.

REFUND POLICY                                                                     

You agree to the following refund policy:

  • For tickets purchased online, you may receive a refund of the ticket price only by calling the relevant theatre before the relevant movie’s showtime (please note that you may be required to provide your order confirmation number).  You cannot receive a refund of any service fee(s) charged on the ticket(s).
  • If we accept a ticket for a refund, we reserve the right to base the refund on the ticket’s value at the time of the refund.  We are not responsible for, and have no legal, equitable, or contractual obligation with respect to, lost or stolen tickets.
  • We may provide refunds for online purchases other than tickets at our sole discretion (please note that specific terms apply to gift cards; please see “Gift Cards” below).

GIFT CARDS

Please visit our Gift Card Terms and Conditions to review the specific terms that apply to the purchase and use of Harkins Gift Cards.

PRIVACY & COOKIES

You agree that you have read and understand our Privacy Policy, including the information about the use of cookies on our Services and your related rights and choices.

SWEEPSTAKES & PROMOTIONS

You acknowledge that any sweepstakes, giveaway, challenge, activity, survey, or similar promotion we make available on or through our Services may be governed by specific rules separate from these Terms.  Your participation in any such promotion will subject you to those specific rules, which may vary from these Terms.  If there is a conflict between a promotion’s specific rules and these Terms, the specific rules will control.

INTELLECTUAL PROPERTY

As between us and you, we own all intellectual property rights, including copyrights, trademarks, patents, trade secrets, and know-how, in our Services and Content.  We grant you a limited, revocable, nontransferable, and non-sublicensable license to make personal, noncommercial use of our Services and Content as permitted by these Terms.  You agree that you will not use, perform, display, copy, reproduce, modify, adapt, translate, create derivative works of, repurpose, publish, transmit, sell, lease, share, distribute, reverse engineer, mirror, “scrape,” “data mine,” or otherwise appropriate our Services or Content (or any portion thereof) without our prior written consent (except where permitted by these Terms or where such restriction is expressly prohibited by law).  You further agree that you will not erase, remove, destroy, or obscure from or on our Services or Content any notice, disclaimer, or other language related to our intellectual property rights.

YOUR CONTENT

By submitting to us any Content on, through, or about our Services, or posting on social media any Content that you permit us to use, you agree that:

  • You are solely responsible for, and we will have no liability with respect to, such Content.
  • You are granting us a worldwide, perpetual, unlimited, irrevocable, nonexclusive, transferable, sub-licensable, and royalty-free license to use, perform, display, copy, reproduce, modify, adapt, translate, create derivative works of, repurpose, publish, transmit, sell, lease, share, distribute, reverse engineer, or otherwise appropriate such Content.
  • You are further granting us the right (to be exercised in our sole discretion) to use any name(s) or label(s) you provide with such Content.
  • You are permanently waiving any “moral rights” or other ownership rights with respect to such Content that you may have under any legal theory.
  • We will have the right (to be exercised in our sole discretion) to monitor, disclose, alter, remove, delete, obscure, or refuse any such Content.
  • Such Content (and your submission thereof) complies with all applicable laws, rules, regulations, and thirty-party rights (including intellectual property rights).
  • Such Content (and your submission thereof) will not (i) injure or damage any person or entity, (ii) use, reference, or imply obscene, profane, sexual, harmful, violent, abusive, threatening, or disrespectful language, ideas, or materials, or (iii) include commercial solicitation or spam.
  • You have the legal authority to grant the rights and licenses described above and are granting such rights and licenses without compensation from us.

THIRD-PARTY SERVICES

You acknowledge that these Terms do not apply to any Third-Party Service (unless we state otherwise expressly and in writing).  While our Services link to Third-Party Services, we have no control over Third-Party Services, do not endorse them, and are not responsible for their availability, accuracy, integrity, or security.  We recommend that you review any terms and conditions applicable to a Third-Party Service and, if you do not agree to those terms and conditions, that you do not uses that Third-Party Service.

HOW TO MAKE A COPYRIGHT CLAIM

We comply with all applicable intellectual property laws, including the Digital Millennium Copyright Act (“DMCA”).  If you believe we have used a work in a way that infringes on intellectual property rights, please submit a written request that we review your allegation to legaldepartment@harkins.com or:

Harkins Theatres

Attn: Legal Department

7511 E. McDonald Drive

Scottsdale, Arizona 85250

Under the DMCA, your request must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right(s) allegedly infringed; (ii) identification of the copyrighted work(s) allegedly infringed; (iii) identification of the material that is allegedly infringing with information reasonably sufficient to allow us to locate it; (iv) an address, phone number, and email address (if you have one) at which you can be contacted about your request; (v) a statement that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in your request is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed right(s).

MOBILE TERMS

If you use our Services with a mobile device, you agree that (i) you are solely responsible for any charges (including data charges) that may apply, (ii) we are not responsible for any charges billed by mobile providers, and (iii) we are not responsible for mobile service interruptions, whether due to your location, hardware or software changes, or otherwise.  Your use of our Services on your mobile device may provide us with certain information about you, such as your approximate geographical location.  Please visit our Privacy Policy for more information.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding our Services, please contact us.  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., Suite N 112, Sacramento, CA 95834 or by phone at (800) 952-5210.

LIMITATION OF LIABILITY

To the fullest extent applicable law permits, you agree that: (i) under no circumstances shall we or our employees, contractors, agents, representatives, owners, officers, managers, or directors be liable to you for any punitive, incidental, direct, indirect, accidental, special, or consequential damages that may result from the access to or use of, or the inability to access or use, our Services, including any typographical errors, inaccuracies, or omissions in or on any of our Services, and any errors, omissions, outages, malfunctions, delays, lost profits, lost data, lost goodwill, business interruptions, deletions, defects, theft, destruction, unauthorized access, or any other loss in connection with our Services (whether any alleged liability is based on negligence, contract, tort, strict liability, or any other legal theory, even if we have been notified of the possibility of such damages); (ii) we shall not be liable for any damages, costs, or expenses in excess of the fees paid by you to us in connection with your use of our Services during the twelve (12) months preceding the date on which the claim(s) arose; and (III) we shall not be liable for any defamatory, offensive, or illegal conduct of any user of our Services.

INDEMNIFICATION

You agree to defend (at our option in our sole discretion), indemnify, and hold harmless us and our employees, contractors, agents, representatives, owners, officers, managers, and directors from all liabilities, allegations, claims, damages, costs, and expenses, including attorneys’ fees, in connection with your violation of these Terms or your use of our Services (“Claims”).  We reserve the right to control the defense of any Claims (at our cost) and under such circumstances you agree to reasonably cooperate with us in the defense and settlement of such Claims.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, YOU AGREE AND ACKNOWLEDGE THAT: (I) OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS; (II) WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES; (III) WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES; (IV) YOU ACCESS AND USE OUR SERVICES AT YOUR SOLE RISK; (V) YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES; (VI) ANY CONTENT YOU SEND OR RECEIVE DURING YOUR USE OF OUR SERVICES MAY NOT BE SECURE AND MAY BE ACCESSED BY UNAUTHORIZED PARTIES; AND (VII) WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY, REPUTATION, OR CONTENT THAT RESULTS FROM YOUR USE OF OUR SERVICES.  THE DISCLAIMERS IN THIS SECTION ARE ESSENTIAL TO THESE TERMS.

DISPUTES & JURISDICTION

You agree that any litigation or claim brought against us in connection with our Services shall be governed by U.S. law and the laws of the state of Arizona (without regard to its conflict of law principles).  You agree that the sole venue for any such litigation or claim shall be an appropriate federal or state court located in Phoenix or Scottsdale, Arizona.  You hereby submit to personal jurisdiction and venue in the state and federal courts of Phoenix or Scottsdale, Arizona.

CLASS ACTION WAIVER

TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, WE AND YOU WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY LITIGATION OR CLAIM AGAINST EACH OTHER IN CONNECTION WITH OUR SERVICES THAT IS PART OF A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER

TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, WE AND YOU WAIVE ALL RIGHT TO A JURY TRIAL IN THE EVENT OF OUR INVOLVEMENT IN LITIGATION AGAINST EACH OTHER IN CONNECTION WITH OUR SERVICES.

TERMINATION

These Terms remain effective unless and until terminated by either us or you.  We may terminate these Terms at any time, in our sole discretion, immediately, with or without notice, and deny you access to our Services.  You may terminate these Terms by no longer using our Services.  If these Terms are terminated, you must destroy all Content (including copies) you obtained on or through the Services.  The following sections of these Terms will survive termination: “Definitions,” “Using Our Services,” “Making Purchases,” “Refund Policy,” “Privacy & Cookies,” “Sweepstakes & Promotions,” “Intellectual Property,” “Your Content,” “Third-Party Services,” “Mobile Terms,” “Limitation of Liability,” “Indemnification,” “Disclaimer of Warranties,” “Disputes & Jurisdiction,” “Class Action Waiver,” “Jury Trial Waiver,” “Termination,” and “Other Terms.”

OTHER TERMS

These Terms contain the complete, full, and exclusive agreement and understanding, and supersede any prior agreement, representation, or promise, between you and us with respect to our Services.  No failure or delay by you or us in exercising any right under these Terms will operate as a waiver of that right.  Nor will any single or partial exercise by you or us of any right under these Terms preclude any other or further exercise of that right or any other right under these Terms.  The rights and remedies provided by these Terms are cumulative and do not exclude any rights or remedies provided by law or equity.  If any provision in these Terms is held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms to the greatest extent practicable, but rather these Terms will be construed as if such invalidity, illegality, or unenforceability had never been part of these Terms.  You may not assign, transfer, or sublicense any right or obligation under these Terms without our express prior written consent.  These Terms do not create any partnership, joint venture, employment, or agency relationship between us.  We will not be responsible for any nonperformance or failure to perform under these Terms due to an act or cause beyond our control.  The word “including” in these Terms means “including, without limitation.” 

CONTACT US

For questions about these Terms and other inquiries, please contact us through our webpage, by phone at (480) 627-7777, or by mail at:

Harkins Theatres Guest Services

7511 E. McDonald Drive

Scottsdale, Arizona 85250

 

 

 

Last revised April 8, 2020.

 

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