Unless otherwise agreed in writing, any of your interactions with THE LOT will include but not be limited to the following General Terms and Conditions. Your contract with us also includes all additional terms applicable to our mobile application, use of our website or any other service offered by THE LOT (i.e., THE CLUB Loyalty program or other sweepstakes and promotions). Where “additional terms” apply to a particular service, those will be clearly indicated. If there is a conflict between the “general terms” and the “additional terms”, the “additional terms” will take precedence over the “general terms”. The general terms and the additional terms (collectively, the "Terms") form the legal and binding contract between you and us. PLEASE READ THE TERMS CAREFULLY AS THEY REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE LOT. BY VISITING OR USING THE SERVICE YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS
We reserve the right, at our sole discretion, to modify the Terms or any other policies and guidelines applicable to any of our services at any time. No modification of the Terms by any party other than THE LOT will be enforceable against THE LOT unless expressly agreed to by THE LOT in writing. If we exercise this right, we will communicate the modification by any means, such as email, push notifications, posting notice on our website or other. We will indicate the date of the last revision of the Terms at the bottom of the Terms and Conditions. Your continued use of our services after any modification, constitutes your acceptance of the modified Terms. Accordingly, you should review these Terms whenever you visit the Site or use any of our services to see if these Terms have been modified.
When you use any of our in-person or online services, send email to us or call us by phone you are communicating with us. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You hereby agree that all communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.All content provided by THE LOT and its licensors, including, but not limited to, designs, text, graphics, pictures, video, applications, software, music, sound, and other content (collectively, "THE LOT Content"), together with the user interface, selection, and arrangement, are the intellectual property of THE LOT and its licensors, and are protected by United States copyright and other intellectual property laws and international treaties. THE LOT Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of THE LOT and/or THE LOT's licensors. Any unauthorized use of THE LOT Content or violation of this provision is a material breach of the Terms and may be a violation of applicable law. Nothing in these Terms is to be construed as transferring or licensing any of THE LOT's intellectual property rights to you, whether by estoppel, implication or otherwise.
THE LOT grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute THE LOT Content only for your personal, noncommercial use; however, you may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with THE LOT Content.
THE LOT services include our mobile application, and certain functionality available via your mobile device, such as the ability to browse the website from your mobile device (i.e., view show times, theatre information, and movie information such as one-sheet posters, synopses, cast & crew, listings, and trailers).
You may stop the delivery of push notifications or other email messages from THE LOT by managing your notification preferences in the account settings section of our mobile application or through your online account with THE LOT. THE LOT will implement your request within a reasonable time. Please note that your request to opt out of receiving marketing communications will only apply to future communications and transactions with THE LOT and its service providers. Even if you choose to opt out of receiving marketing communications from THE LOT, THE LOT will still send you transactional or administrative communications.
Use of the Mobile Application and other services may require that you create an account with us. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to our services, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself as prompted by the registration process, and update that information to keep it current.
You must not use the contact information email address of another person, including physical address and telephone number(s), with the intent to impersonate that person or use an account name that we, in our sole discretion, deem offensive.
Any of your conduct that restricts or inhibits any other visitor from using or enjoying our services, as determined by us in our sole discretion, will not be permitted. You agree to use our services only for lawful purposes. You are prohibited from posting on or transmitting through any of our services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. No unauthorized advertisements, pornographic materials, or junk mail is permitted.
You agree that all purchases made by you online or in person are subject to the terms applicable to those purchases, such as the purchase of movie tickets, purchase of food and beverage, purchase at concession stand, purchase of gift cards including specific refund policies. THE CLUB memberships are subject to THE CLUB terms and conditions. To the extent you are storing payment credentials, such information is stored until you advise us to remove; transaction amount, description and location of purchases are displayed at the time of your transaction using such stored credentials.
Visitors to our Facebook, Instagram, Twitter, Tik-Tok, and other social media accounts will be allowed to post comments. The opinions expressed as a part of User Content are the views of the user posting the message and do not reflect THE LOT’s opinions. THE LOT does not necessarily endorse, support, sanction, encourage, verify, or agree with the User Content posted on the Service. THE LOT is not responsible for comments and/or materials posted by users. You represent that your User Content does not misappropriate or infringe upon a third party's intellectual property rights (including, but not limited to, copyright, trademark, trade secret or other proprietary rights), violate the privacy or publicity rights of a third party, or contain defamatory or otherwise unlawful material. You represent that your User Content is not confidential.
Although THE LOT does not claim ownership of User Content, by posting any User Content to a public area of the Service, you automatically grant THE LOT a worldwide, non-exclusive, perpetual and irrevocable, freely transferable and sub-licensable, royalty free right and license to use, copy, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, via any of our services and for any purpose. You also represent that you have the right and authority to grant such a license.
THE LOT has the right, but not the obligation, to monitor the User Content posted on the Service to determine compliance with these Terms and any other operating guidelines or policies established by us. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content submitted to or posted in the public areas of our services. Without limiting the foregoing, we have the right to remove any User Content that we, in our sole discretion, find to be in violation of these Terms, our guidelines and policies or otherwise objectionable. Notwithstanding these rights, you are solely responsible for your User Content.
ALL OF OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH ACCESS AND USE OF OUR SERVICES OR WITH ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LOT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ITS GUESTS OR THIRD PARTIES.
THE LOT DOES NOT MAKE ANY WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT ITS ONLINE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE LOT MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF OUR SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH ANY OF OUR SERVICES. ACCORDINGLY, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT FROM OUR ONLINE SERVICES. THE LOT IS NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS ONLINE SERVICES.
IN NO EVENT WILL WE, OUR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR THE LIKE), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF YOUR USE OR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM, AND EVEN WHEN WE OR ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT NO FEES ARE PAID TO THE LOT FOR THE USE OF ITS ONLINE SERVICES. THUS, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED $5.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You release, and will defend, indemnify and hold us and our officers, directors, employees, agents, successors and assigns, harmless from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys' and expert witnesses' fees and costs) incurred by us or any other indemnified party due to such a claim or cause of action arising out of (a) any breach of these Terms by you, (b) your visit of the Site, your download, installation and use of any Mobile Service, and your use of and conduct at the Service, (c) the use by any other person using the Service through your account, or (d) the User Content you post or otherwise make available on the Service. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.
THE LOT has adopted the following policy for responding to allegations of copyright infringement that comply with applicable intellectual property laws, including the Digital Millennium Copyright Act. If you believe that your work has been used in a way that constitutes copyright infringement, please provide the following information in your request: (a) Description of your copyrighted work that you claim has been infringed; (b) Description of the material on our services that you claim is infringing upon your work, with enough detail so that we may locate it; (c) Your statement that you have a good faith belief that the use you have identified is not authorized by the copyright owner, its agent, or the law; (d) Your statement, under penalty of perjury, that (1) the information in your notice is accurate and complete, and (2) that you are the owner of the copyrighted work involved or that you are authorized to act on behalf of the owner of the copyrighted work; (e) Your address, telephone number, and email address; and (f) your physical or electronic signature.
In accordance with the Digital Millennium Copyright Act, we will review your request and take appropriate action, as we determine in our sole discretion. Appropriate action may include, but will not be limited to, editing, or removing the allegedly infringing material, and the termination of the accounts of users who infringe upon the intellectual property rights of others.
You agree that any claim brought by you or by THE LOT arising out of or related to these Terms (regardless of the form of the claim, whether sounding in contract, tort, alleged statutory violation, or some other theory) (a "Claim") must be submitted to binding arbitration ("Arbitration") before a one-member panel of the American Arbitration Association ("AAA") pursuant to the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ("AAA Rules") (to the extent the AAA Rules are consistent with these Terms). The panel member will be reasonably acceptable to both parties. If you and we cannot reasonably agree to a single panel member, the AAA will unilaterally appoint the panel member. The panel member may conduct the Arbitration by telephone, online, by written submissions, or any combination of the foregoing, as determined by the panel member. The Arbitration will be conducted under the Federal Arbitration Act ("FAA") and will be governed by California law, regardless of choice of law principles. The panel member may award any form of individual relief, including injunctions, to the extent consistent with these Terms.
REGARDLESS OF WHETHER A CLAIM PROCEEDS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLAIM AGAINST EACH OTHER THAT IS PART OF A REPRESENTATIVE OR CLASS ACTION OR PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING DISPUTE RESOLUTION PROVISIONS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL IN THE EVENT OF ARBITRATION. Any Claim that is not subject to the arbitration provisions contained in these Terms will proceed in the state and federal courts of California. You hereby submit to personal jurisdiction and venue in California. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Unless otherwise prohibited by applicable law, any Claim must be brought no later than one year after the date on which the Claim arose or accrued.
We may charge a fee for parts of our services that may have been previously provided at no charge, or we may modify, suspend, or discontinue all or any part of our services, temporarily or permanently, at any time. We are not liable to you or to any third party for any modification, suspension or discontinuance of our services or your access to them.
THE LOT, in its sole discretion, has the right (but not the obligation) to block your email or IP address or otherwise terminate your access or use of our services (or any part thereof), immediately and without notice, and remove and discard your User Content within our services, for any reason, including, without limitation, if THE LOT believes that you have acted inconsistently with the letter or spirit of these Terms. Moreover, your right to use our services terminates automatically if you fail to comply with these Terms. No notice is required from us to effect such termination.
Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as email, push notifications through the Service, posting notice on our website or otherwise generally publishing such termination.
Upon termination, you must stop using our services. Rights and obligations under these Terms which by their nature should survive will survive and remain in effect after any termination or expiration of the Terms.
By visiting our website or creating an account through our online services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will exclusively govern the construction of these Terms and the resolution of a dispute of any sort that might arise between you and THE LOT.
You may not ship, transfer, export into any country, or use in any manner prohibited by the United States Export Administration Act or any other applicable law (collectively the "Export Laws"), our mobile application and any software that may be downloaded from our digital services. In addition, if all or any part of our services are identified as an export-controlled item under the Export Laws, you represent to us that you are not a national of, resident in or otherwise located within, an embargoed nation, and that you are not otherwise prohibited under the Export Laws from visiting or using our services.
Last Updated: December 1st, 2022