Terms & Conditions
Landmark Theatres Terms Of Use – Last Updated: March 25, 2024
Welcome to Landmark Theatres. Please read these terms and conditions (“Terms and Conditions”) carefully. They affect your legal rights, including by requiring binding arbitration of claims, waiving class action and class-wide arbitration claims, and waiving the right to trial by jury. If you do not agree to these Terms and Conditions, please do not use our Services (defined below).
Agreement to Arbitrate Claims: Your use of the Services is subject to your agreement to resolve all disputes by final and binding arbitration on an individual and not a class-wide or consolidated basis, as more fully detailed in Section 17 - Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration of these Terms and Conditions below. That means that an arbitrator, not a judge or jury, will decide any claim. You have the right to opt-out of arbitration within 30 days of your acceptance of these Terms and Conditions as described in more detail in the Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration section of these Terms.
These Terms and Conditions apply to the websites, apps and other features or services brought to you by Silver Cinemas Acquisition Co. dba Landmark Theatres, its parent, subsidiary or affiliated companies (collectively, “Landmark”) that post these Terms and Conditions (each, a “Service” and collectively, the “Services”). Your access to and use of the Services is subject to these Terms and Conditions. These Terms and Conditions expressly incorporate our Privacy Policy:https://www.landmarktheatres.com/privacy-policy/ By accessing, browsing or using the Services, you accept, without limitation or qualification, these Terms and Conditions and our Privacy Policy. When using a particular Service, both these Terms and other terms and conditions, guidelines, policies, licenses, or similar governing may apply to your use of that Service (“Additional Terms”). For example, the Landmark Theatres Rewards Program Terms and Conditions [link] govern your participation in the Landmark Theatre Rewards Program (“LTRP”). If you register for an account or otherwise participate in the LTRP, you agree to the Landmark Theatres Rewards Program Terms and Conditions. To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Terms and Conditions
1. Movie Tickets. Please review our Frequently Asked Questions at https://www.landmarktheatres.com/faq/ for information on how to purchase and use movie tickets and our movie ticket refund policies. All movie ticket purchases are subject to Landmark’s applicable booking fee, if any. You agree that Landmark may, at its discretion, refuse to sell movie tickets to you or withdraw any movie tickets from sale or offer for sale. Movie tickets are made available subject to the classification of the relevant film given by the Motion Picture Association of America. Photo identification stating proof of age may be requested for admission or purchase. All tickets purchased prior to the release date of a film are subject to the film being licensed by the distributor to Landmark. In the event that the film is not licensed to Landmark, a full refund will be issued with proof of purchase. No additional compensation will be paid to a patron for a cancelled screening due to a film-licensing or any other issue.
2. Gift Cards, Ticket Books and eVouchers. Gift cards and ticket books are valid toward the purchase of movie tickets, up to the value placed on the card or ticket books at any Landmark cinema location across the U.S. or online through https://www.landmarktheatres.com or the Landmark mobile application, subject to the additional terms and conditions on the back of physical gift cards or ticket books or provided for in the accompanying materials of any electronically issued gift card or ticket book. Redemption of gift cards or ticket books, or tickets for admission to any particular cinema, movie or show is subject to availability. Gift cards, ticket books and eVouchers may not be re-sold without the written permission of Landmark, may not be reproduced, are non-refundable and are not available for exchange, and may not be redeemed for cash, unless required by law. Gift cards, ticket books and eVouchers will also not be replaced if lost, damaged, destroyed, or stolen (unless the terms and conditions on the applicable voucher, pass, ticket, or card expressly indicate otherwise). Additional information about gift cards and ticket books is available at https://www.landmarktheatres.com/landmark-store/. Tickets purchased with eVouchers can be refunded up to one hour before showtime and will be returned to your loyalty account. The refunded eVoucher can be used on a future transaction if the corresponding event is still available. eVouchers for concessions can only be redeemed at the theatre and are not refundable. https://www.landmarktheatres.com/landmark-store-terms-and-conditions
3. Ownership. You acknowledge and agree that the copyrights and other intellectual property rights in the Services and in all information and materials on the Services (including past, present, and future versions of any aspect of the Services) (collectively, the “Materials”) are owned by Landmark, its suppliers, or licensors unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Landmark, its suppliers, or licensors. Except as expressly set forth in these Terms and Conditions or expressly granted to you in writing by Landmark, no rights in the Materials (either by implication, estoppel, or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Services. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL, OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED. Landmark neither warrants nor represents that your use of Materials will not infringe rights of third parties not owned by or affiliated with Landmark. When you access or view the Materials, you must: keep intact all copyright and other proprietary notices; make no modifications to the Materials; and not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Services or reverse engineer, modify, or attempt to discover any source code associated with the Services. You also agree that you will not, except as may be a result of standard search engine or Internet browser usage, frame, mask, extract data or other materials from, copy or distribute the Materials (including by use of any robot, scraper, or other data-mining technology or process). Except as expressly provided in these Terms and Conditions, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized Landmark employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Services. Any and all rights to use the Services that are not expressly granted to you under these Terms and Conditions are reserved for Landmark, its suppliers, and licensors. Nothing contained in these Terms and Conditions will affect, impair, or limit in any way Landmark’s rights to fully exploit any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
Images of people or places displayed on the Services are either the property of, or used with permission by, Landmark. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. Content. While Landmark uses reasonable efforts to include accurate and up to date information in the Services, Landmark makes no warranties or representations as to its accuracy. Landmark assumes no liability or responsibility for any errors or omissions in the content of the Services. Although Landmark may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Services. Landmark is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Services. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Landmark will fully cooperate with any law enforcement authorities or court order requesting or directing Landmark to disclose the identity of anyone posting any such information or materials.
5. Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Services are registered and unregistered Trademarks of Landmark and others. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Landmark or such third party that may own the Trademarks displayed on the Services. Your misuse of the Trademarks displayed on the Services, or any other content on the Services, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Landmark will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. Social Features. The Services may offer features that enable interactions between the Services and a third-party service (each, a “Social Application”), such as enabling you to “like” an item on the Services or “share” content to other services. By using such features, you acknowledge and agree to the following: (a) if you use a feature to share information relating to your activity on the Services, you are consenting to your information and content being shared; (b) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Landmark has not provided such information; and (c) your use of a Social Application is at your own option and risk, and you will hold the Landmark harmless for the sharing of information relating to your activity on the Services. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
7. Disclaimer of Warranties & Release of Liability. Your use of and browsing in the Services are at your risk. Neither Landmark nor any other party involved in creating, producing, or delivering the Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Services. Without limiting the foregoing, everything on the Services is provided to you "AS IS", “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You acknowledge and agree that Landmark has not made any representations or given any warranties: (a) as to the functionality or content of the Services; (b) as to the accuracy or completeness of any Materials; (c) that access to the Services will be uninterrupted or error-free or that the Services or the server which stores and transmits the Materials to you are free from viruses; (d) that any links contained on the Services will provide you with any useful information; or (e) that tickets to any particular cinema, movie or showing will be available for sale to you.
You assume responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice, or statement of any Landmark, whether made on the Services or otherwise, will create any warranty not expressly stated herein. Landmark neither endorses, nor is responsible for, any opinion, advice, information, statement or other user content made or displayed on the Services by third parties (including any other user of the Services) and, to the maximum extent permitted by applicable law, specifically disclaim responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind of character based upon or resulting from any such content obtained through the Services. It is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information or statement available on the Services. It is possible that the Services could include inaccuracies or errors or that unauthorized alterations could be made to the Services by third parties. Although we attempt to ensure the integrity of the Services, Landmark makes no guarantees as to the Services’ completeness or correctness.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Landmark also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California and any similar law of any state or territory. Section 1542 provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
8. Unsolicited Communications. While we are always happy to hear from you, it is Landmark's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Services by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Landmark or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Landmark is free to use any ideas, concepts, know-how, or techniques contained in any communication you send through the Services for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
9. Sweepstakes and Promotions. Any sweepstakes, contest, or promotion (“Promotions”) accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotion, you accept and will become subject to those official rules. It is your responsibility to read the rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion.
10. Linking. Landmark grants you the revocable permission to link to the Services; provided, however, that any link to the Service: (a) must not present false information about, disparage, damage, dilute, or tarnish the goodwill associated with Landmark or its products or services, any Landmark property or any other intellectual property; (b) must not create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Landmark; (c) must not frame or create a browser or border environment around any of the content on the Services or otherwise mirror any part of the Services; (d) must not use any Landmark trademarks without the prior written permission from Landmark; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Landmark's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms and Conditions. You agree that you will not link to the Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in our sole discretion). Landmark reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Services or these Terms and Conditions. By linking to the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms and Conditions, Landmark reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion.
11. Third-Party Links. There may be links from the Services, or communications you receive from the Services, to third-party sites or properties or our Services may include third-party content that we do not control, maintain or endorse. Landmark has not reviewed all of the third party sites linked to the Services and is not responsible for the content of any off-site pages or any other sites linked to the Services. Your linking to any other off-site pages or other sites controlled by third parties is at your own risk. You expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. Your correspondence and business dealings with others found on or through the Services including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. We encourage you to review all policies, rules, and terms, including the privacy policies and terms of each and any third-party site that you visit.
12. Your Representations. By accessing the Services, you represent and warrant that: (a) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction and to comply with these Terms and Conditions or, if you are a minor, your parent or legal guardian has read and agreed to these Terms and Conditions on your behalf; (b) all information you provide to Landmark is accurate and complete; and (c) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms and Conditions. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.
13. Indemnification. You agree to indemnify, defend and hold Landmark and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with (a) any breach or alleged breach by you of these Terms and Conditions; (b) your use of the Services or activities in connection with the Services; (c) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; and (f) Landmark’s use of your information as permitted under these Terms and Conditions, the Privacy Policy, or any other written agreement between you and Landmark. Landmark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Landmark's defense of such claim.
14. Limitation of Liability. Neither Landmark nor any of its affiliates, and its respective officers, directors, owners, agents, information providers and licensors will be responsible for any direct or indirect, consequential, special, punitive or exemplary damages or losses under any contract, negligence, strict liability, or other theory incurred in connection with (a) use of, or inability to use, the Services or any of the information or materials (including the Materials) provided on the Services; (b) interruptions, errors, defects, or delays in performance, regardless of the claim as to the nature of the cause of action, even if advised of the possibility of such damage or loss; (c) any action taken in connection with an investigation by a Landmark or law enforcement authorities regarding your use of the Services; (d) action taken in connection with copyright or other intellectual property owners; (e) errors or omissions in the Services’ technical operation; or (f) any damage that results from events beyond our reasonable control, such as damages to any user's device, hardware, software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if Landmark has been advised of the possibility of such damages. Our aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to $100. The foregoing is applicable to the fullest extent permissible under applicable law.
15. Termination. Landmark reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and Conditions and/or your ability to access or use the Services, and to block or prevent future access to and use of the Services for any reason, including, without limitation, your breach of these Terms and Conditions or other conduct by you that Landmark considers inappropriate. Landmark reserves the right (at any time and from time to time) to modify or discontinue, temporarily or permanently, the Services (or any feature or component of the Services) with or without notice. You agree that Landmark will not be liable to you or to any third party for any modification, suspension or discontinuation of the Services. Upon termination of your access to the Services, or upon demand by Landmark, you must destroy all Materials then in your possession or under your control. Any provisions of these Terms and any Additional Terms, which, by their terms, ought to survive, will survive any termination of these Terms.
You understand and agree that Landmark will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
16. iOS Terms. Notwithstanding any other provision within these Terms to the contrary, the following subparagraphs are applicable to those using the Landmark application on Apple’s iOS platform (“Landmark iOS App”):
Acknowledgement. You acknowledge that this agreement is concluded between you and Landmark only, and not with Apple. Landmark, not Apple, is solely responsible for the Landmark iOS App and the content thereof. You further acknowledge that the Landmark iOS App may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a license to use the Landmark iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the Landmark iOS App, as specified in these Terms or as required under applicable law. You and Landmark acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Landmark iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Landmark iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Landmark iOS App (if any) to you; and you acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Landmark iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Landmark iOS App or your possession and/or use of the Landmark iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the Landmark iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that the Landmark iOS App or your possession and use of such Landmark iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
17. Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration. The Services are controlled and operated by Landmark from its offices within the State of California, United States of America. Landmark makes no representation that materials in the Services are appropriate or available for use in other locations and other countries. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions will be governed by, construed and enforced in accordance with the laws of the State of California, excluding its conflict of laws principles. The arbitration proceedings will be governed by federal arbitration law and by the JAMS (defined below) rules.
Both you and Landmark waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Landmark waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS rules to the contrary, the arbitrator will not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Except for disputes relating to the infringement of your or Landmark’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Landmark is seeking injunctive relief (the “Excluded Disputes”), you and Landmark each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms and Conditions or your use of the Services will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in Los Angeles, California or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your city of residence. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Landmark will pay as much of the administrative and arbitrator’s fees charged to you by JAMS (or an alternate arbitration service) as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you as compared to litigation. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of Landmark (provided that nothing in these Terms and Conditions will restrain a California resident’s right (if any) under applicable law to seek public injunctive relief in accordance with this dispute-resolution provision).
You and Landmark agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Landmark within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Landmark agree (a) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (b) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision will in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms and Conditions, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You have the right to opt out of and not be bound by the arbitration provisions set forth in these Terms and Conditions. To exercise this right, you must send written notice of your decision to Landmark Theatres, Attn: Head of Marketing and Branding, 700 N San Vicente Blvd., Suite G470, West Hollywood, CA 90069. Your notice must include your name, mailing address and the email address at which Landmark should communicate with you, and state unequivocally that you do not wish to resolve disputes with Landmark with respect to the Services through arbitration. To be effective, this notice must be postmarked within 30 days of the date on which you first accepted these Terms; otherwise, you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that Landmark receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, Landmark will not be bound by them with respect to disputes with you as an individual. For avoidance of doubt, opting out of arbitration for any personal disputes with respect to the Services you may wish to pursue in court against Landmark does not permit you to represent a class in court, and all other parts of these Terms and Conditions will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18. Export Control. Software from the Services is further subject to United States Export Controls. No software from the Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19. Miscellaneous. Landmark reserves the right to modify or add to these Terms and Conditions at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Services, and that your use of the Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward.
If any provision of these Terms and Conditions will be held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the validity and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
No delay or failure by either party to enforce any right under these Terms and Conditions will be deemed a waiver of that or any other right.
You may not assign or delegate your obligations under these Terms and Conditions, either in whole or in part, without the prior written consent of Landmark.
Neither party will be liable for any nonperformance under these Terms and Conditions due to causes beyond its reasonable control that cannot be reasonably avoided or overcome.
The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms and Conditions, including all Additional Terms and other documents directly referenced, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
20. Privacy Policy. To review the Landmark Theatres Privacy Policy, which is incorporated into these Terms and Conditions, please click here: https://www.landmarktheatres.com/privacy-policy/
21. Contact Us. Questions or correspondence regarding the Services should be directed to Landmark through use of the online contact form available below: