Popcorn Club Terms and Conditions Revised June, 2014
This AGREEMENT (this "Agreement") setting forth the terms and conditions of membership in The Popcorn Club (the "Club") is made between National Amusements, Inc. ("NAI") and you as the parent or legal guardian ("you") of each child you enroll in the Club. Child must be 11 years or younger to be eligible for membership. Membership cards are deactivated and unclaimed rewards forfeited upon a child’s 12th birthday. Membership is not transferable. By accepting membership for you and/or your child or children into the Club, you (for you and your child or children) agree to be bound by all of the terms and conditions of the Club, as they are set out herein and as they may, from time to time, be amended, without further action.
ENROLLMENT FEE - The Club enrollment fee is non-refundable and is payable for each child you enroll in the Club. You will receive a numbered Club membership card which will be required to be presented in order to participate in certain Club promotions or events. BENEFITS - You shall receive, upon initial enrollment, a special Club premium for each child you enroll in the Club. You will receive a birthday email on behalf of your child during the month of his/her birthday, notifying you that an award for a select gift at a participating NAI movie theatre (or customer service center at such theatre) may be redeemed when he/she swipes his/her membership card at the box office of a participating Club location. You will also receive notification from time to time of special Club activities, events and programs, together with notification from time to time of certain discounts or offers from NAI, and/or marketing partners, made available specifically to Club members.
POSSIBLE FUTURE CHANGES OR TERMINATION - NAI reserves the right to change the terms and conditions of this Agreement at any time without notice. NAI also reserves the right to terminate, in whole or in part, the Club and cancel this Agreement at any time upon written notice and in such event NAI shall have no further obligation hereunder.
USE OF INFORMATION; CHANGE OF ADDRESS - NAI will use your name, address, telephone number, e-mail address and other information you provide, including your child's gender and age when you enroll your child in the Club (collectively, "your Information") for operating and administering the Club. Your information also will be used to communicate with you about Club activities, events and programs, and about discounts or offers made available specifically to Club members which may be of interest to you, and for such purpose NAI may share your Information with our marketing partners. Parents/guardians who register a child for the Club are automatically opted in and agree to receive e-mail updates and offers from Showcase. Please advise a participating NAI theater (or customer service center at such theatre) of any change of your information. NAI will only use your child's name and actual date of birth (collectively, "Child's Information") for purposes of sending the birthday e-mail to you, as referred to above.
LIMITATION OF LIABILITY - NAI DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: NAI SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCE, BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN NO EVENT SHALL THE MAXIMUM LIABILITY OF NAI TO YOU, YOUR CHILD OR CHILDREN, AND/OR ANY THIRD PARTY CLAIMING THROUGH YOU, RELATING TO OR ARISING OUT OF THE OPERATION, ADMINISTRATION, OR TERMINATION OF THE CLUB OR THIS AGREEMENT EXCEED THE AMOUNT OF THE ANNUAL CLUB MEMBERSHIP FEE WHICH YOU ACTUALLY PAID. FURTHER, AND WITH RESPECT TO ANY PRODUCT OR SERVICE PROVIDED OR SOLD TO YOU BY A THIRD PARTY RETAILER OR MARKETING PARTNER, NAI NOT HAVE ANY LIABILITY TO YOU AND/OR YOUR CHILD OR CHILDREN AS A SELLER OF ANY PRODUCTS OR VENDOR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS.
INTELLECTUAL PROPERTY - All Club and NAI designs, text, images, photographs, illustrations, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and Club and NAI trademarks, service marks and trade names are the property of NAI and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
MISCELLANEOUS - This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with the laws of the State of Massachusetts. Nothing shall deprive you of the benefits of any state or federal law, including but not limited to, your state's consumer protection laws.