Last updated: Feb 2, 2021 Thanks for choosing EPIC Elite! By signing up or otherwise using the EPIC Elite service, websites, and mobile application, or accessing any content or material that is made available by EPIC Elite, you are accepting and agreeing to be bound by these Terms. Please read the Agreements carefully. They cover important information about EPIC Elite services provided to you as well as information about billing. 1. Terms of Use 1.1. These Terms and Conditions of Use (the “Terms of Use”) apply to the EPIC Elite web site located at https://epictheatres.subgen.com, the EPIC Elite mobile app, and all associated sites linked to https://epictheatres.subgen.com by EPIC Elite, its subsidiaries and affiliates, including EPIC Elite sites around the world (collectively, the “Site”). The Site is the property of EPIC Elite Inc. (“EPIC Elite”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. 1.2. EPIC Elite reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without prior notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, EPIC Elite grants you a personal, non-transferable, limited privilege to enter and use the Site. EPIC Elite is for your personal use, and not for resale or commercial use under any circumstances. 2. Content 2.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to EPIC Elite, and may not be used without prior written consent from EPIC Elite. 2.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without EPIC Elite’s express prior written consent. 3. Using The Site 3.1. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. EPIC Elite reserves the right to bar any such activity. 3.2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any EPIC Elite server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. 3.3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of EPIC Elite, including any EPIC Elite account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. 3.4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or EPIC Elite’s systems or networks, or any systems or networks connected to the Site or to EPIC Elite. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. 3.5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to EPIC Elite on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 3.6. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of EPIC Elite or others. 4. Purchases; Other Terms and Conditions 4.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. EPIC Elite is not for resale or commercial use under any circumstances. 4.2. EPIC Elite’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. 4.3. EPIC Elite may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without prior notice. EPIC Elite reserves the right to change the rules of movie-going attendance and ticket availability to members at anytime. The materials on the Site with respect to products and services may be out of date, and EPIC Elite makes no commitment to update the materials on the Site with respect to such products and services. 5. Accounts, Passwords and Security 5.1. Certain features or services offered on or through the Site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify EPIC Elite immediately of any unauthorized use of your account, password, or any other breach of security. You may be held liable for losses incurred by EPIC Elite or any other user of or visitor to the Site due to someone else using your EPIC Elite password, account, as a result of your failing to keep your account information secure and confidential. 5.2. You may not use anyone else’s EPIC Elite password, account at any time. EPIC Elite cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. 6. Privacy 6.1. EPIC Elite’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 7. Third-Party Sites, Products, and Services 7.1. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under EPIC Elite’s control, and EPIC Elite is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. 8. Disclaimers 8.1. EPIC Elite DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EPIC Elite CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EPIC Elite DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EPIC Elite DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EPIC Elite SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EPIC Elite FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. 8.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. 8.3. EPIC Elite reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 9. Limitation of Liability 9.1. Except where prohibited by law, in no event will EPIC Elite be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if EPIC Elite has been advised of the possibility of such damages. 10. Indemnification 10.1. You agree to indemnify and hold EPIC Elite, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against EPIC Elite by any third party due to or arising out of or in connection with your use of the Site. 11. Violation of These Terms of Use 11.1. EPIC Elite may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) EPIC Elite’s rights or property, or the rights or property of visitors to or users of the Site, including EPIC Elite’s members. EPIC Elite reserves the right at all times to disclose any information that EPIC Elite deems necessary to comply with any applicable law, regulation, legal process or governmental request. EPIC Elite may also disclose your information when EPIC Elite determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. 11.2. You acknowledge and agree that EPIC Elite may preserve any transmittal or communication by you with EPIC Elite through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or EPIC Elite determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of EPIC Elite, its employees, members of or visitors to the Site, and the public. 11.3. You agree that EPIC Elite may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You agree that violation by you of these Terms of Use constitute your forfeiture of paid subscription dues, and that EPIC Elite possesses the right to collect payment for usage of the service, in addition to an early termination fee. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to EPIC Elite, for which monetary damages would be inadequate, and you consent to EPIC Elite obtaining any injunctive or equitable relief that EPIC Elite deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EPIC Elite may have at law or in equity. 11.4. You agree that EPIC Elite may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, with or without cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If EPIC Elite does take any legal action against you as a result of your violation of these Terms of Use, EPIC Elite will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to EPIC Elite. You agree that EPIC Elite will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. 12. Void Where Prohibited 12.1. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the country where the membership was purchased. EPIC Elite reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the countries where EPIC Elite is operational, you do so on your own initiative and you are solely responsible for complying with applicable local laws. 13. Miscellaneous 13.1. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and EPIC Elite with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and EPIC Elite with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with EPIC Elite, EPIC Elite will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. EPIC Elite’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by EPIC Elite of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between EPIC Elite and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. 14. Feedback and Information 14.1. Any feedback you provide at this site shall be deemed to be non-confidential. EPIC Elite shall be free to use such information on an unrestricted basis. 15. Collection and Use of Personal Information 15.1. Personal information is data that can be used to uniquely identify or contact a single person. 15.2. You may be asked to provide your personal information anytime you are in contact with EPIC Elite or a EPIC Elite affiliate. EPIC Elite and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. 15.3. Here are some examples of the types of personal information EPIC Elite may collect and how we may use it. What personal information we collect • When you create a EPIC Elite account, purchase a product, download a software update, choose a movie, or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information. • When you purchase a gift membership, or invite others to join you on EPIC Elite, EPIC Elite may collect the information you provide about those people such as name, mailing address, email address, and phone number. How we use your personal information • The personal information we collect allows us to keep you informed on EPIC Elite’s latest announcements, product upgrades, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by notifying us. • We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising. • From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with EPIC Elite, you may not opt out of receiving these communications. • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve EPIC Elite’s products, services, and customer communications. • If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs. 16. Collection and Use of Non-Personal Information 16.1. We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it: • We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where a EPIC Elite product is used so that we can better understand customer behavior and improve our products, services, and advertising. • We also may collect information regarding customer activities on our website, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. • If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined. 17. Cookies and Other Technologies 17.1 EPIC Elite’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. 17.2 EPIC Elite and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. 17.3. EPIC Elite and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with EPIC Elite more convenient and personal. 17.4 As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data. 17.5. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. EPIC Elite may use this information in our marketing and advertising services. 17.6. In some of our email messages, we use a “click-through URL” linked to content on the EPIC Elite website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. 17.7. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers. 17.8. A unique device identification number is attached to each account. The user cannot reset this number more than three times (3) in one year. 18. Disclosure to Third Parties 18.1. At times EPIC Elite may make certain personal information available to strategic partners that work with EPIC Elite to provide products and services, or that help EPIC Elite market to customers. For example, when you purchase and activate your EPIC Elite account, you authorize EPIC Elite and its partner to exchange the information you provide during the signup process to carry out service. When you are signed up for service, your account will be governed by EPIC Elite and its partner's respective privacy policies. 19. Service Providers 19.1. EPIC Elite shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever EPIC Elite operates. 20. Others 20.1. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for EPIC Elite to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. 20.2. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party. 21. Protection of Personal Information 21.1. EPIC Elite takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. 21.2. EPIC Elite online services such as the EPIC Elite Site and mobile app use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet. 21.3. When you use some EPIC Elite products, services, or applications or post on a EPIC Elite forum or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features. 22. Integrity and Retention of Personal Information 22.1. EPIC Elite makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. 23. Access to Personal Information 23.1. You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://https://epictheatres.subgen.com. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if EPIC Elite is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. 24. Location-Based Services 24.1. To provide location-based services on EPIC Elite products, EPIC Elite and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by EPIC Elite and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services. 24.2. Some location-based services offered by EPIC Elite, such as the “Theater Check-in” feature, require your personal information for the feature to work. 25. Third-Party Sites and Services 25.1. EPIC Elite websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party payment card. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. 26. Our Commitment to Your Privacy 26.1 To make sure your personal information is secure, we communicate our privacy and security guidelines to EPIC Elite employees and strictly enforce privacy safeguards within the company. 27. Using EPIC Elite’s Subscription 27.1. You agree to the following by creating a EPIC Elite account: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a Resident of the country that you've purchased the membership. EPIC Elite will deduct the subscription dues on the same date every month unless we otherwise communicate a different time period or either party seeks to terminate the agreement. EPIC Elite is in a direct agreement with you, the individual, not with the theaters listed on the Site. 27.2 A valid EPIC Elite subscription entitles you to: (1) see one 2D movie per calendar day through EPIC Elite, in accordance with your selected plan; (2) see a 2D movie title three times through EPIC Elite; and (3) a single seat, depending on availability, for a 2D movie showing open to the general public. EPIC Elite access is available every day of the week, subject to the theater's business hours, availability, and practices. 27.2.1 A valid EPIC Elite Classic subscription entitles you to: (1) see one 2D per calendar day through EPIC Elite, according to your selected package; (2) see a 2D film title three times through EPIC Elite; and (3) a single seat, depending on availability, for a 2D film showing open to the general public. This excludes premium showings like 3D or DBOX or other specialty ticketed series, festivals or any other one time showings/specials with a special ticket price. EPIC Elite access is available every day of the week, subject to the theater being open, inventory, and usage. 27.3. Packages - EPIC Elite may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without prior notice. EPIC Elite reserves the right to change the rules of movie-going attendance and ticket availability to members at anytime. EPIC Elite is not responsible for theater programming, cancellations, or rescheduled performances. 27.4. EPIC Elite Month to Month Contract — Your EPIC Elite membership will be valid from the date EPIC Elite payment is complete and will continue month to month unless and until you cancel or EPIC Elite terminates. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your payment method. If you do not contact us prior to the billing date, your card will be charged and termination will occur at the end of the next billing cycle. Subscription fees may be increased by EPIC Elite to reflect changes in standard ticket prices, inflation, EPIC Elite's costs, and additional taxes and costs not imposed by EPIC Elite. If you wish to terminate your agreement, you must notify EPIC Elite at least one business day prior to your next billing date. Any changes will take place at the end of the period for which fees have been paid, and will be introduced in the next billing cycle. 27.5 EPIC Elite Weekday Plan - EPIC Elite Weekday Plan subscribers may use their movie days from Monday through Thursday, once per day within the limits of the plan's monthly movie day allowance. Midnight showtimes will count as the previous day. 27.6. To make a payment, you must provide the cardholder's name and address, the card number, the card security code, and the card expiration date. If you wish to change your payment method, you must visit the website at least one day prior to the conclusion of the billing cycle. Transactions will occur on the cardholder's bank or card statement as a payment to "EPIC Elite". If you wish to terminate your agreement, you must notify EPIC Elite via your EPIC Elite membership profile, https://epictheatres.subgen.com/member, at least one business day prior to your next billing date. If you do not contact us prior to the billing date, your card will be charged and termination will occur at the end of the next billing cycle. Subscription fees may be increased by EPIC Elite at anytime to reflect changes in standard ticket prices, inflation, EPIC Elite's costs, and additional taxes and costs not imposed by EPIC Elite. Any changes will take place at the end of the period for which fees have been paid, and will be introduced in the next billing cycle. 27.8. EPIC Elite makes all attempts to provide access to 2D films in theaters nationwide, however the time and locations for 2D movies may vary based on theater inventory, usage, and showtime availability. If the 2D title and showtime you want to see is not available, EPIC Elite will not be held responsible. EPIC Elite is not responsible if the selected showing is sold out, and we recommend that you arrive to the theater early and purchase your ticket ahead of time. 27.9. You may use EPIC Elite Classic to purchase a 2D EPIC Elite movie ticket at a theater kiosk if you've ordered a physical card separately. You may not use EPIC Elite for unauthorized purchases or to exceed the value of a movie ticket. EPIC Elite allows for a single valid transaction for a movie theater ticket. You do not have the right to stop payment on any transactions made with EPIC Elite. In cases of physical EPIC Elite card, EPIC Elite is valid through the Valid Thru date printed on the EPIC Elite card, except in states where prohibited by law. EPIC Elite Cardless is valid as long as the subscriber has an active plan. No reproduction will be accepted. EPIC Elite is non-refundable and non-transferable. *EPIC Elite subscriptions cannot be downgraded nor modified. 27.10. EPIC Elite is not directly affiliated or associated with any theater chains. All references to theaters and showtimes do not imply direct or indirect affiliation. All listed theaters do not necessarily have the ability to accept EPIC Elite, and their listing on this site does not imply such. EPIC Elite makes all efforts to accurately list theaters and showtimes available to the general public, and listed theaters and showtimes may be subject to change. 27.11. You agree to respect and abide by the theater regulations set forth by the venue you have selected tickets for. EPIC Elite will not be held responsible for the theater's actions if the venue agreements are violated. Lost, stolen, or damaged tickets will not be replaced. If you do not hold a valid ticket, you may be required to leave the premises. You should keep your ticket stub with you at all times in order to re-enter the relevant auditorium. EPIC Elite is not responsible if you are excluded from viewing the film under any condition. All film showings are subject to normal restrictions. You have no preferential right of access for any showings except for special events organized for EPIC Elite. You are not entitled to use EPIC Elite in conjunction with any other promotions offered by EPIC Elite unless stated otherwise. EPIC Elite is not responsible for theater programming, cancellations, or rescheduled performances. 27.12. EPIC Elite may suspend the subscription, temporarily deactivate, or terminate your account at any time for any reason or none whatsoever; also including but not limited to the following: (i) You miss a payment. EPIC Elite will contact you by email and if payment is made on request, EPIC Elite will reactivate the account within 48 hours of payment. You will not be permitted to use the account until it has been reactivated. (ii) EPIC Elite suspects fraud in any manner connected to entering into or performing the agreement including providing false information; or (iii) You breach any of aspect of this agreement. (iv) Suspension, Termination or Cancelation of the EPIC Elite program. 27.13. If a user violates the following, EPIC Elite has the right to charge the registered payment method for a misusefee or/and cancel membership: (i) Fraud (or our reasonable suspicion of fraud) in any manner connected to entering into or performing the agreement including providing any false information; (ii) In the event of fraudulent, persistent or serious misuse of the EPIC Elite service, including but not limited to 1). Failure to check-in at the theater for a regular or online ticket, 2), Failure to purchase ticket within the 30 minute time interval following check-in, and 3). Attempting to purchase a ticket for a showtime later than 5 hours from initial check-in time. (iii) If you miss a payment and fail to make that payment within 10 days of a request from EPIC Elite to make it, or if you miss more than one payment; (iv) Material breach of the agreement by you that has not been corrected within a reasonable time. Additionally, our system records the necessary information to turn over to collection agencies. When required, EPIC Elite reserves the right to use a collection agency to retrieve any outstanding balances. EPIC Elite reserves the right to seek appropriate punitive damages. (v) Attempting to purchase a ticket other than what was reserved in the EPIC Elite app. (vi) Attempting to sell purchased EPIC Elite tickets to other patrons. (vii) If you use EPIC Elite re-loadable debit card to purchase anything other than your movie ticket. EPIC Elite card and the connected membership can only be used with the purpose of movie ticket purchases at locations approved by EPIC Elite. The membership will be terminated immediately in case of misuse/abuse. (viii) A Person can only purchase one membership. In the event of detecting the same person purchasing more than one membership using different credentials or social media accounts, EPIC Elite reserves the right to suspend and/or cancel the membership by terminating the contract. 27.14. To cancel, you must notify EPIC Elite via your EPIC Elite membership profile at https://epictheatres.subgen.com/member at least one business day prior to the next billing date. 27.15. Gift Subscriptions are pre-paid membership to the EPIC Elite service redeemable at https://epictheatres.subgen.com. A person who receives and redeems a Gift Subscription to the EPIC Elite Service is referred to in this agreement as the "Recipient." There are no refunds or other credits issued for Gift Subscriptions, redeemed or otherwise. Gift Subscriptions cannot be upgraded, downgraded nor modified. EPIC Elite is not responsible if the Gift Subscription is lost, stolen or used without permission. Gift codes are only valid for new subscriptions and Gift subscriptions cannot be used on a smartphone that was used for another subscription before. Gift Subscriptions are not redeemable or refundable for cash, subject to applicable law, and cannot be resold or combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions purchased at https://epictheatres.subgen.com are valid for redemption only at https://epictheatres.subgen.com. Gift Subscriptions and their use are subject to this agreement. 27.16. In EPIC Elite Family Plans, after the check-in process, allocated movie days will be used with a physical card (ordered separately), invitation code or EPIC Elite Cardless. Within the movie day limits of membership plan, daily tickets cannot be used at different times or dates, cannot be accumulated, unused daily tickets cannot be transferred to be used at a different time. In order to use EPIC Elite Family Plans, the membership owner must be in the movie theater. Otherwise, EPIC Elite reserves the right to cancel the membership by canceling the contract. 27.17. With EPIC Elite, your tickets can be used for 2D movies, your tickets can be used for any 2D, 3D & D-Box will be subject to the appropriate up-charge. 27.18. Advance tickets created using EPIC Elite app must be purchased within 2 hours. Advance Tickets can be created for a movie that will take place within the span of the member’s 30 days membership period, There aren’t any limitations on how many advance tickets can be ordered in a 30 days membership period (within the ticket limits of the specific subscription) however the second advance ticket cannot be created before the showtime of the existing advance ticket has passed. The advance ticket online convenience fee and/or processing fee are not covered by EPIC Elite. EPIC Elite only covers the cost of movie tickets. 27.19. Monthly EPIC Elite membership period is exactly 30 days (EPIC Elite month) during which the monthly alotted movie days can be used and the 30 days membership period begins the day EPIC Elite Cardless Activation is complete or physical card is received (if applicable), whichever happens first. 27.20. EPIC Elite Cardless Activation process starts automatically after successfully purchasing a plan and membership starts as soon as the Cardless activation process is complete or physical card is received where applicable (ordered separately), whichever happens first. EPIC Elite Cardless Activation can take up to 1-2 weeks and the subscriber can speed up the process by purchasing *Accelerated Cardless Activation after purchasing a subscription. *Subject to Accelerated Activation fee. 28. EPIC Elite Gift Cards 28.1 EPIC Elite gift cards cannot be resold, canceled nor refunded for any reason. 28.2 EPIC Elite reserves the right to cancel any gift card at its own discretion for any reason, except fraudulent activity or abuse, after returning the paid amount or remaining balance. 28.3 EPIC Elite reserves the right to cancel any gift card at its own discretion without any refunds in case fraudulent activity or abuse is present. 28.4 EPIC Elite gift cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities. 28.5 EPIC Elite gift cards are valid for 5 (five) years from purchase. The remaining balance will expire at the end of the validity period. 28.6 After 12 consecutive months of inactivity, a $3.50 dormancy fee will be charged to the gift card each month until it expires. This fee will not be charged if the gift card is used to make a purchase or if the balance on the gift card has run out. Making a purchase using the EPIC Elite gift card will stop the dormancy fee charge from reoccurring for an additional 12 months. 28.7 EPIC Elite gift card balance cannot be transferred to any other account / gift card nor can be redeemed in cash. 28.8 EPIC Elite gift cards can be redeemed 24 hours after purchase at the earliest. 28.9 EPIC Elite gift cards may not be valid for all promos when purchasing EPIC Elite plans and EPIC Elite may restrict its use with specific promos. 28.10 One gift card can be used per transaction. In case the gift card's balance is less than the total amount to be paid, the remaining should be paid using a different valid payment method. 29. EPIC Elite DMCA Policy EPIC Elite (“EPIC Elite”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, EPIC Elite will respond expeditiously to claims of copyright infringement committed using the EPIC Elite service and/or the EPIC Elite website (the “Site”) if such claims are reported to EPIC Elite’a DMCA Agent identified in the sample notice below. If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the DMCA or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify EPIC Elite's Legal Department at support@epictheatres.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EPIC Elite to locate the material. information reasonably sufficient to permit EPIC Elite to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted. a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law. a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above information must be submitted to the EPIC Elite DMCA agent (the "DMCA Agent") by mail and email to the following addresses: Copyright Manager EPIC Elite Inc. P.O. Box 2076, DeLand, FL 32721 Email: support@epictheatres.com The information contained in this web site is subject to change without notice.

Privacy Policy The purpose of this Privacy Policy (“Policy”) is to determine the terms and the conditions related to the usage of the personal data provided by the users (“Users”) of the web site (“Site”), located at [Project Website], governed by the EPIC Elite. (“Company”, “we”) and also, the personal data provided by the EPIC Elite or (“Members”) when they are on the Site. The definitions in the Distant Sales Agreement (“Agreement”) and Terms of Use will be based on the statements which are not defined in this Policy. Our promise for being transparent about the data we collect about the Users and the Members, how such data are used, with whom they are shared and how they are protected and protecting the privacy of your data is right in the center of this mission. This Policy also provided information on how you can control personal and private personal information (“data”) collected from the Users and the Members and how they can apply to Company when they require the deletion of such data. Which Data Are Processed? Under this title, the data processed in the scope of the Company’s services are mentioned below. Unless otherwise specified, the statement of the "personal data" and "special categories of personal data” contain the information given below in the scope of the Policy’s terms and conditions. Name and Contact Information: Name, surname, mobile phone, home phone, work phone number, address, email address, address information, the information needed to manage payment transaction, ID Number Contact List Information: The Users and the Members who wants to suggest the Company’s services to their friends and wants to gain the points by this reference can share their contact list information. Authentication Information: Users’ and Members’ information of membership, information to provide authentication and access to the account, contact information, user name, password hints Demographic Data: Date of birth, age, gender, marital status, educational background, occupation, interests, preferred language fields Location Data: Location data from members' smartphones Payment Data: Commercial shopping and payment dates Data Collected by Cookies: Browser type, IP, operating system, viewed pages, display time Data that are anonymized in an irreversible manner shall not be considered as data within the scope of this Policy. You can feel safe while using our Site. However, no system is completely secure. Even if we take all the necessary actions to protect your information, the possibility of insecurity always exists. For this reason, you should be very careful when you disclose and carry out your personal information. The processing of the information submitted by you without the request of the Company shall not be counted as personal data processed by the Company under this Policy. You should avoid sending your voice, images, and other personal information that is not requested by the Company via any communication channel including but not limited to e-mail or message. For Which Purposes Your Data Are Processed? The Company may process the personal data provided by Users and Members and the new data acquired by the Company to enable Users to use the Site, to provide and improve the services related to the Site, to use the personal data set out in this Policy, Terms of Use and Agreement, to fulfill the requirements of guarantee services originating from the company, for authentication, to prevent any third party other than the Members from taking the advantages of the services unfairly in breach of the Contract, to identify whether the Members benefit from the services provided at cinema saloons and the films restricted by the Company as mentioned in the 3.10. article of the Agreement, to present advertisements and marketing campaigns belong to the Company or the third parties, to provide promotions to the Users and to fulfill any kind of legal obligation. The Company may obtain the information related to the Users' usage of the Site by using cookies that are technical communication files and may transfer them the third parties with the aim of processing them in the scope of the analysis services provided by third parties. The technical communication files mentioned are the small word files that are sent to the User’s browser to keep in the main memory by the Site. The technical communication file simplifies the usage of the internet by keeping the preference and condition settings about the web site. The technical communication file is used for gaining statistical information about how many people use the Site in proportion of the time, for which purpose, how often people visit and stay on the Site and designed for helping the dynamic production of advertisements and content from the pages specifically designed for the Users. In order to identify system problems and resolve issues promptly, the Company identifies and uses the IP address of the users where necessary. IP addresses can also be used to identify users in general and to collect comprehensive demographic information. Who Can Access Your Data? Company can share the personal data provided by the Users and the Members and the new data acquired by the Company with outsourcing service providers, third parties companies providing advertisements, campaigns and promotions and other third parties to provide and develop the services, to develop the experience of the Members and the Users and to fulfill any of the purposes under the title of “For which purposes your data are processed?”. Company can share the personal data provided by the Users and the Members with the contractors provides the services, with outsourcing service providers for providing the services in the scope of the Terms of Use and the Agreement in the scope of specified and on condition that is used only in connection with the purpose for which it is being worked, limited and measured. In addition, the data can be processed and shared with the third parties by the Company in the scope of some exceptions under the data protection regulations. The main situations are as follows: It is expressly permitted by any law; It is necessary in order to protect the life or physical integrity of the data subject or another person where the data subject is physically or legally incapable of giving consent; It is necessary to process the personal data of parties of a contract, provided that the processing is directly related to the execution or performance of the contract; It is necessary for compliance with a legal obligation which the controller is subject to; The relevant information is revealed to the public by the data subject herself/himself; It is necessary for the institution, usage, or protection of a right; It is necessary for the legitimate interests of the data controller, provided that the fundamental rights and freedoms of the data subject are not harmed. The Company has the right of transfer the personal data to servers (including servers, subsidiaries, sub-contractors or outsourcing service providers) located anywhere in the world outside of the country of residence of Users and Members with the aim of getting hosting service in the scope of fulfilling the purposes set out above. About the Right to Access Your Data and Correction Requests Pursuant to Personal Data Protection Law No. 6698 (“Law”) Pursuant to the Law No. 6698, Users and Members are entitled to submit and application to Company and: Learn whether or not her/his personal data have been processed; Request information as to processing if her/his data have been processed; Learn the purpose of processing of the personal data and whether data are used in accordance with their purpose; Know the third parties in the country or abroad to whom personal data have been transferred; Request rectification in case personal data are processed incompletely or inaccurately; Request deletion or destruction of personal data within the framework of the conditions set forth under article 7; Request notification of the operations made as per indents (d) and (e) to third parties to whom personal data have been transferred; Object to occurrence of any result that is to her/his detriment by means of analysis of personal data exclusively through automated systems; Request compensation for the damages in case the person incurs damages due to unlawful processing of personal data by applying to the Company. The Members’ and the Users’ Rights Arising from the European Union’s General Data Protection Regulation (“GDPR”) Unless restricted under the applicable laws, the following are the rights granted to data owners under GDPR: Right to Access: Right to obtain information about data we process about you and right to request access to such data; Right to Correction: Right to request amendment or revision of your data in case of deficient or incorrect data; Right to Deletion (Right to Be Forgotten): Right to request deletion of your data; Right to Restriction: Right to request temporary or permanent cease of processing all or a part of your data; Right to Object: Right to object the processing of your personal data based on facts related with your private condition; Right to object processing of your data for direct marketing purposes Right to Transfer Right: Right to request electronic copy of your data and transfer such data for using in services of another party; Right to Be Excluded From the Automatic Processing System: Right to become subject to automatic decision- making mechanism including profiling when the decision has legal effect or similar other effect on you. The Users and the Members may use the right to apply for the abovementioned requests in accordance with one of the following methods or other methods to be determined by the Protection Committee of Personal Data: by filling in and wet-ink signing the “Application Form of Personal Data Protection” (“Application Form”) that published in the Site in accordance with the data protection regulations at [Project Website] and transmitting it to the head office addressed at 25 N La Brea Ave, Los Angeles, CA 90038 (By submitting it in person with the incentive certificate of the applicant's identity). by filing in the application form and signing with the "secure electronic signature" and sending the secure electronic signed form to the e-mail address www.epictheatres.com (“the Data Protection Regulation Information Request" will be written in the subject of the e-mail.) by filling in the application form and signing it with wet-ink signature and sending it to 25 N La Brea Ave, Los Angeles, CA 90038 via notary public (“Information Request within the scope of Protection of Personal Data” will be written in the notification envelope.) The Company shall provide positive/negative response to the aforementioned inquiries by sending written or electronic response to applicants and the inquiries shall be resolved immediately but in any case, within thirty days depending on the nature of the inquiry. The Company shall process the inquiry of the applicants in the shortest time possible and provide information to applicants about the subject matter. The Users and the Members guarantee that data constituting subject matter of this Policy are true and up-to-date and they shall be updated in case of any changes in such data. On the contrary, the Company shall not be held responsible for any loss or damage that may arise. The Users and the Members can transmit their right to petition by contacting the headquarter of the company located at P.O. Box 2076 DeLand, FL 32721 with the original signature. There is no way to make request from the third parties instead of personal data owners. In any case that a third party make request instead of personal data owner, there should be a special warranty of attorney which should be prepared especially relative to the subject. Personal data owners will fill the form in accordance with the Law numbered 6698 Protection of Personal Data, the application form related to the applications to be made by the Person (Personal Data Holder). In this form, the application method is also explained clearly. The Applicant agrees that the information in this Policy is complete, correct and up-to-date and will be updated immediately if there is any change in this information. If the applicant does not have up-to-date information, the Company will not have any responsibility. Storage Time of Personal Data The Company is entitled to store data collected for the benefit of Users from the Site and for the benefit of Members to use the Services in accordance with this Policy, Terms of Use, fulfilling the collection purposes; complying with the data protection regulations; carrying our administrative and judicial proceedings related with a dispute and for the time limits specified under the applicable legislation. Our Precautions And Undertakings About Data Safety The Company undertakes to make the necessary audit and takes the necessary technical and administrative precautions about the following issues which are determined in the related regulations, indicated in this Policy and transmitted electronically form the Site: Do not process personal data unlawfully Do not access personal data unlawfully Provide the necessary security level to store the personal data In case a link is provided in the Site for access to another application, the Company shall not be held responsible in connection with the privacy policies and contents of that application. The Company covenants that such data obtained about the Users and the Members shall not be disclosed in breach of the provisions under this Policy and the Regulation, or process them beyond the purpose of processing. However, please note that no system is 100% secure. In case any breach about the system comes its knowledge, the Company may attempt to notify you by sending a notification from support@epictheatres.com address or sending an electronic mail to you. If you have any question about data security, you can contact us at support@epictheatres.com address. Communication Permit Your personal data as set forth in this Policy and which you have consented to be shared with us by clear consent texts may be used to provide you various advantages and to send you specific advertising, sales, marketing, questionnaires, reservations and all kinds of electronic communications for similar purposes and other communication messages; storage, processing, use, transfer of information. These personal data are used for the same purposes; The Company and all its subsidiaries and affiliates shall be shared with the third parties in the domestic and / or foreign countries in which we are in a contractual relationship. The Members and the Users declare that the personal data can be used and stored by the Company for these purposes. Policy Revisions The Company is entitled to revise this Policy time by time. You can check the last revision date in the “Last Revision Date” field. The Policy provisions revised by the Company take effect on the date of release. In addition, the Company shall display a notification or send an e-mail as appropriate, in connection with the material revisions. Therefore, please make sure that you read such notifications carefully. Privacy of Children EPIC Elite’s services and the Site are not aimed at children under 16 years of age. In addition, stricter age restrictions may apply under local regulations of certain countries. We do not collect information from children under 16 years of age or applicable age limit. If you are under 16 years of age, please do not use EPIC Elite's services or do not provide us any personal data. If you are a parent of a child under 16 years of age or you notice that your child provided data to the Company, please contact us at https://epictheatres.subgen.com address. We will take reasonable steps to delete the data if we find our that data of children under 16 years of age are collected. Communication Please if you have any questions about this Policy, you can contact Data Protection Officer by writing to the following address: support@epictheatres.com