Epic Theatres Terms and Conditions of Use

  1. Our Agreement; Acceptance of Terms
  2. Modification of Terms
  3. Description of Service
  4. Payment and Cancellation
  5. Privacy Policy
  6. Using the Site or App 
  7. Content
  8. User Content
  9. Member’s Conduct
  10. Third-Party Sites and Services
  11. Disclaimers
  12. Indemnity
  13. Violation of These Terms of Use
  14. Miscellaneous
  15. Epic Theatres™ LOYALTY PROGRAM TERMS AND CONDITIONS

Last updated: Oct 10, 2019 Thanks for choosing Epic Theatres! By signing up or otherwise using the Epic Theatres service, websites, and mobile application, or accessing any content or material that is made available by Epic Theatres, you are accepting and agreeing to be bound by these Terms. Please read the Agreements carefully. They cover important information about Epic Theatres 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 Theatres web site located at https://epictheatres.subgen.com, the Epic Theatres mobile app, and all associated sites linked to https://epictheatres.subgen.com by Epic Theatres, its subsidiaries and affiliates, including Epic Theatres sites around the world (collectively, the “Site”). The Site is the property of Epic Theatres Inc. (“Epic Theatres”) 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 Theatres 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 Theatres grants you a personal, non-transferable, limited privilege to enter and use the Site. Epic Theatres 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 Theatres, and may not be used without prior written consent from Epic Theatres. 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 Theatres’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 Theatres 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 Theatres 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 Theatres, including any Epic Theatres 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 Theatres’s systems or networks, or any systems or networks connected to the Site or to Epic Theatres. 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 Theatres 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 Theatres 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 Theatres is not for resale or commercial use under any circumstances. 4.2. Epic Theatres’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 Theatres 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 Theatres 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 Theatres 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 Theatres 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 Theatres or any other user of or visitor to the Site due to someone else using your Epic Theatres 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 Theatres password, account at any time. Epic Theatres 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 Theatres’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 Theatres’s control, and Epic Theatres 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. [PROJECT NAME] 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. [PROJECT NAME] CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. [PROJECT NAME] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. [PROJECT NAME] 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 [PROJECT NAME] SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST [PROJECT NAME] 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 Theatres 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 Theatres be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Epic Theatres has been advised of the possibility of such damages. 10. Indemnification 10.1. You agree to indemnify and hold Epic Theatres, 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 Theatres 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 Theatres 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 Theatres’s rights or property, or the rights or property of visitors to or users of the Site, including Epic Theatres’s members. Epic Theatres reserves the right at all times to disclose any information that Epic Theatres deems necessary to comply with any applicable law, regulation, legal process or governmental request. Epic Theatres may also disclose your information when Epic Theatres 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 Theatres may preserve any transmittal or communication by you with Epic Theatres 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 Theatres 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 Theatres, its employees, members of or visitors to the Site, and the public. 11.3. You agree that Epic Theatres 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 Theatres 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 Theatres, for which monetary damages would be inadequate, and you consent to Epic Theatres obtaining any injunctive or equitable relief that Epic Theatres deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Epic Theatres may have at law or in equity. 11.4. You agree that Epic Theatres 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 Theatres does take any legal action against you as a result of your violation of these Terms of Use, Epic Theatres 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 Theatres. You agree that Epic Theatres 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 Theatres 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 Theatres 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 Theatres 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 Theatres with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Epic Theatres, Epic Theatres will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Epic Theatres’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Epic Theatres of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Epic Theatres 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 Theatres 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 Theatres or a Epic Theatres affiliate. Epic Theatres 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 Theatres may collect and how we may use it. What personal information we collect • When you create a Epic Theatres 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 Theatres, Epic Theatres 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 Theatres’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 Theatres, 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 Theatres’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 Theatres 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 Theatres’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 Theatres 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 Theatres 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 Theatres 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 Theatres 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 Theatres 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 Theatres may make certain personal information available to strategic partners that work with Epic Theatres to provide products and services, or that help Epic Theatres market to customers. For example, when you purchase and activate your Epic Theatres account, you authorize Epic Theatres 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 Theatres and its partner's respective privacy policies. 19. Service Providers 19.1. Epic Theatres 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 Theatres 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 Theatres 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 Theatres 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 Theatres online services such as the Epic Theatres 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 Theatres products, services, or applications or post on a Epic Theatres 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 Theatres 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 Theatres 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 Theatres products, Epic Theatres 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 Theatres 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 Theatres, 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 Theatres 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 Theatres employees and strictly enforce privacy safeguards within the company. 27. Using Epic Theatres’s Subscription 27.1. You agree to the following by creating a Epic Theatres 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 Theatres 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 Theatres is in a direct agreement with you, the individual, not with the theaters listed on the Site. 27.2 A valid Epic Theatres subscription entitles you to: (1) see one 2D movie per calendar day through Epic Theatres, in accordance with your selected plan; (2) see a 2D movie title three times through Epic Theatres; and (3) a single seat, depending on availability, for a 2D movie showing open to the general public. Epic Theatres access is available every day of the week, subject to the theater's business hours, availability, and practices. 27.2.1 A valid Epic Theatres Classic subscription entitles you to: (1) see one 2D per calendar day through Epic Theatres, according to your selected package; (2) see a 2D film title three times through Epic Theatres; 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 Theatres access is available every day of the week, subject to the theater being open, inventory, and usage. 27.3. Packages - Epic Theatres 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 Theatres reserves the right to change the rules of movie-going attendance and ticket availability to members at anytime. Epic Theatres is not responsible for theater programming, cancellations, or rescheduled performances. 27.4. Epic Theatres Month to Month Contract — Your Epic Theatres membership will be valid from the date Epic Theatres payment is complete and will continue month to month unless and until you cancel or Epic Theatres 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 Theatres to reflect changes in standard ticket prices, inflation, Epic Theatres's costs, and additional taxes and costs not imposed by Epic Theatres. If you wish to terminate your agreement, you must notify Epic Theatres 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 Theatres Weekday Plan - Epic Theatres 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 Theatres". If you wish to terminate your agreement, you must notify Epic Theatres via your Epic Theatres 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 Theatres at anytime to reflect changes in standard ticket prices, inflation, Epic Theatres's costs, and additional taxes and costs not imposed by Epic Theatres. 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 Theatres 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 Theatres will not be held responsible. Epic Theatres 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 Theatres Classic to purchase a 2D Epic Theatres movie ticket at a theater kiosk if you've ordered a physical card separately. You may not use Epic Theatres for unauthorized purchases or to exceed the value of a movie ticket. Epic Theatres 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 Theatres. In cases of physical Epic Theatres card, Epic Theatres is valid through the Valid Thru date printed on the Epic Theatres card, except in states where prohibited by law. Epic Theatres Cardless is valid as long as the subscriber has an active plan. No reproduction will be accepted. Epic Theatres is non-refundable and non-transferable. *Epic Theatres subscriptions cannot be downgraded nor modified. 27.10. Epic Theatres 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 Theatres, and their listing on this site does not imply such. Epic Theatres 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 Theatres 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 Theatres 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 Theatres. You are not entitled to use Epic Theatres in conjunction with any other promotions offered by Epic Theatres unless stated otherwise. Epic Theatres is not responsible for theater programming, cancellations, or rescheduled performances. 27.12. Epic Theatres 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 Theatres will contact you by email and if payment is made on request, Epic Theatres 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 Theatres 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. 27.13. If a user violates the following, Epic Theatres 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 Theatres 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 Theatres 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 Theatres reserves the right to use a collection agency to retrieve any outstanding balances. Epic Theatres reserves the right to seek appropriate punitive damages. (v) Attempting to purchase a ticket other than what was reserved in the Epic Theatres app. (vi) Attempting to sell purchased Epic Theatres tickets to other patrons. (vii) If you use Epic Theatres re-loadable debit card to purchase anything other than your movie ticket. Epic Theatres card and the connected membership can only be used with the purpose of movie ticket purchases at locations approved by Epic Theatres. 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 Theatres reserves the right to suspend and/or cancel the membership by terminating the contract. 27.14. To cancel, you must notify Epic Theatres via your Epic Theatres 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 Theatres service redeemable at https://epictheatres.subgen.com. A person who receives and redeems a Gift Subscription to the Epic Theatres 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 Theatres 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 Theatres Family Plans, after the check-in process, allocated movie days will be used with a physical card (ordered separately), invitation code or Epic Theatres 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 Theatres Family Plans, the membership owner must be in the movie theater. Otherwise, Epic Theatres reserves the right to cancel the membership by canceling the contract. 27.17. With Epic Theatres, 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 Theatres 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 Theatres. Epic Theatres only covers the cost of movie tickets. 27.19. Monthly Epic Theatres membership period is exactly 30 days (Epic Theatres month) during which the monthly alotted movie days can be used and the 30 days membership period begins the day Epic Theatres Cardless Activation is complete or physical card is received (if applicable), whichever happens first. 27.20. Epic Theatres 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 Theatres 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 Theatres Gift Cards 28.1 Epic Theatres gift cards cannot be resold, canceled nor refunded for any reason. 28.2 Epic Theatres 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 Theatres 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 Theatres 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 Theatres 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 Theatres gift card will stop the dormancy fee charge from reoccurring for an additional 12 months. 28.7 Epic Theatres gift card balance cannot be transferred to any other account / gift card nor can be redeemed in cash. 28.8 Epic Theatres gift cards can be redeemed 24 hours after purchase at the earliest. 28.9 Epic Theatres gift cards may not be valid for all promos when purchasing Epic Theatres plans and Epic Theatres 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 Theatres DMCA Policy Epic Theatres (“Epic Theatres”) 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 Theatres will respond expeditiously to claims of copyright infringement committed using the Epic Theatres service and/or the Epic Theatres website (the “Site”) if such claims are reported to Epic Theatres’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 Theatres's Legal Department at [email protected] "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 Theatres to locate the material. information reasonably sufficient to permit Epic Theatres 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 Theatres DMCA agent (the "DMCA Agent") by mail and email to the following addresses: Copyright Manager Epic Theatres Inc. 200 Thompson St, Hendersonville,NC 28792 Email: [email protected] The information contained in this web site is subject to change without notice.