Season Pass Terms Of Service

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Alamo Season Pass TERMS OF SERVICE

Please read these terms of service very carefully before registering for the Alamo Season Pass Service.  These terms of service (“Agreement”) govern you accessing content and using the Service and mobile applications associated with the Service.  This Agreement between you (“you”) and Alamo Drafthouse, is subject to change by us as described below. By checking the box next to “I agree to Terms of Service and Privacy Policy” when purchasing the Alamo Season Pass Service, you (i) accept this Agreement and the Alamo Drafthouse website Terms of Use; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and Alamo Drafthouse.

1. The Service and related mobile application is owned and operated by Alamo Drafthouse. The Service and its content (“Content”) and the Alamo Season Pass (“Service”) may only be accessed in accordance with this Agreement.  Any violation of the copyright in the Content or these terms and conditions may be enforced by Alamo Drafthouse or the copyright owner to the fullest extent allowed by law.
2. You must be a member of the Victory rewards program in order to use the Service.   You must opt in to receiving emails in order to use the Service. 
3. Alamo Season Pass is a continuous service membership program. Following the initial purchase of the membership, your membership continues until it is canceled by the Member or us. If you choose to cancel your subscription, you can request a reactivation at any time.
   1. Your membership begins on the date you sign up to use the Service and ends upon termination of your membership as described herein (“Membership Period).
   2. Your membership fee, plus any per-ticket fees from the prior month, plus applicable taxes, will be automatically charged/debited to your payment method by us on each monthly anniversary of your Membership Period.
   3. Standard Online Conveniences fees will be charged through the Alamo Drafthouse Mobile App during the checkout process.
   4. You may cancel your membership at any time. If you cancel before your monthly anniversary, your membership will extend until your monthly anniversary. You will not be eligible for a refund or prorated portion of your membership fee. If you cancel your membership, you are still liable for any per-ticket fees that are incurred during the remainder of your Membership Period.  Any Season Pass tickets/reservations are only valid with an active pass; all future tickets will be refunded if Season Pass is non-active.
4. Alamo Season Pass is a subscription service that allows participants in the program (“Members”) to either enjoy up to one (1) movie per day or a certain allotted number of movies during a given time period (depending on the Alamo Season Pass Plan) at participating Alamo Drafthouse locations for a monthly fee. 
   1. Members in good standing are authorized to reserve an available seat for one qualifying movie show time per day. Members may not use the Service to reserve a seat more than once per day. For purposes of this Agreement, a “day" means 6:00 a.m. to the following day at 5:59 a.m., in the time zone of the theater in which the pass is being used. A qualifying movie is a regular 2D or 3D movie scheduled and designated by Alamo Drafthouse as eligible for use with Alamo Season Pass. Special events and other premium content may be excluded from the Service at the sole discretion of Alamo Drafthouse. Depending on your Alamo Season Pass Plan, there may be an extra non-refundable per-ticket charge to reserve a seat to a special event, a film presented in 3D, or other premium content, as determined by Alamo Drafthouse. 
   2. To use the Service, the Member must reserve a seat using the Service features of the Alamo Drafthouse Mobile App. Reservations may be made in advance at any time after tickets are on sale to the public, up to three hundred sixty five (365) days prior to the show time, subject to sell-out conditions. Depending on your Alamo Season Pass Plan, there may be an extra non-refundable per-ticket charge to reserve a seat prior to the day of the show.
   3. To redeem a reservation, Members must present the mobile device on which the ticket was reserved along with a matching valid photo identification. The name on the identification, the ticket and the Alamo Season Pass membership must match exactly. Admission under the Alamo Season Pass program is limited to only the individual named as the Member and is not valid for admission of any other persons not the named Member. Guests attempting to use an Alamo Season Pass ticket without a matching valid photo identification will be not admitted into the theater. 
   4. Members may purchase Guest Seat add-on packages as part of their Alamo Season Pass. Each Guest Seat adds an additional seat that the Member can reserve when using the Alamo Season Pass. For example, a Member with an Alamo Season Pass plus one (1) Guest Seat would be able to reserve two (2) total seats to a movie. A Guest Seat only entitles the Member to reserve additional seats, it does not entitle the Member to reserve tickets to additional movies outside the normal parameters of the program. 
5. You acknowledge and agree that Alamo Drafthouse may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Alamo Drafthouse’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Alamo Drafthouse when you stop using the Service; however, your credit card will continue to be charged until you cancel the Service.  You acknowledge and agree that if Alamo Drafthouse disables access to your account, you may be prevented from accessing the Service, your account details or any rewards or other materials which are contained in your account.
6. You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Alamo Drafthouse, unless you have been specifically allowed to do so in a separate agreement with Alamo Drafthouse.  You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Unless you have been specifically permitted to do so in a separate agreement with Alamo Drafthouse, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.  You agree that you are solely responsible for (and that Alamo Drafthouse has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Alamo Drafthouse may suffer) of any such breach.
7. Alamo Drafthouse does not charge to access its mobile application except as detailed when using the Service, provided Alamo Drafthouse does charge a convenience fee for use of the mobile app to purchase tickets; however, your carrier rates will apply, such as fees for text messaging and data charges.  You hereby acknowledge, agree, and provide consent in order for Alamo Drafthouse to sync any device with your personal information.
8. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you.  
9. Alamo Drafthouse reserves all rights not specifically granted herein.  You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service.  The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of the Service or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Service or any materials contained therein. As between the parties, Alamo Drafthouse owns and shall continue to own all right, title and interest in and to all aggregate and statistical information or analyses created and developed by Alamo Drafthouse from performance and usage data generated through your use of the Service (collectively, “Aggregate Data”).  Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data. In addition, Alamo Drafthouse tracks some data on a per user basis as further described in the Privacy Policy.
10. Alamo Drafthouse will charge for access to the Service in accordance with Alamo Drafthouse’s standard subscription fees or as otherwise agreed by the parties.  You may be eligible for discounts based on your usage of the Service. Any discounts will be in accordance with the applicable discount schedule, if any, or otherwise agreed upon in writing.  You agree to pay all then-current fees for use of the Service. A valid credit card is required for paying accounts. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.  
11. While Alamo Drafthouse uses reasonable efforts to include accurate and up-to-date information on the Service, Alamo Drafthouse makes no warranties or representations as to its accuracy. Alamo Drafthouse assumes no liability or responsibility for any errors or representations in the Content or the Service.
12. The time and theater for a movie may change since originally posted. Please make sure you check the website  or mobile app to confirm showtimes and seat availability. It is not until you receive a ticket at the applicable theater, that the seat will be confirmed for the movie and show time selected. Alamo Drafthouse does not guarantee availability for the movie and show time that you desire.
13. The Service may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Alamo Drafthouse is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
14. Users of the Service may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party.  You acknowledge that by accessing the Service, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Alamo Drafthouse shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use.  Alamo Drafthouse has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Service, including content that has been posted by users.
15. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, Alamo Drafthouse shall own such content and material and you hereby assign any rights in such content and material to Alamo Drafthouse.  In the event ownership in the content or material cannot be granted to Alamo Drafthouse, you grant Alamo Drafthouse and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof.  Furthermore, you grant Alamo Drafthouse, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law.  You will defend, indemnify and hold Alamo Drafthouse and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
16. At your discretion, you may provide feedback to Alamo Drafthouse concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”).  If you, through your evaluation or otherwise, suggest any Feedback, you hereby assign the ownership in all Feedback to Alamo Drafthouse. In the event ownership in the Feedback cannot be granted to Alamo Drafthouse, you grant Alamo Drafthouse at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.  You agree that Alamo Drafthouse may disclose that Feedback to any third party in any manner and you agree that Alamo Drafthouse has the ability to sublicense all Feedback in any form to any third party without restriction.
17. The Service may contain areas in which additional terms and conditions apply.  For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.  Alamo Drafthouse may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
18. You shall not transmit to Alamo Drafthouse or upload to the Service any Harmful Code or use or misappropriate the data on the Service for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
19. You may not use your username and password for any unauthorized purpose.
20. Alamo Drafthouse may retain and use information collected in your use of the Service, provided such information does not individually identify you.          
21. Alamo Drafthouse does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use the Service only with the involvement of a parent or guardian and should not submit any personal information to Alamo Drafthouse. If Alamo Drafthouse discovers that a person under the age of 13 has provided Alamo Drafthouse with any personal information, Alamo Drafthouse will use commercially reasonable efforts to delete such person's personal information from all Alamo Drafthouse systems.
22. Alamo Drafthouse may terminate your access to the Service for any reason at any time including, but not limited to: (i) breach of this Agreement; (ii) failure to pay your subscription fee; (iii) making false or misleading statements or providing false or misleading information; (iv) providing your ticket to anyone else; (v) violating any terms of the applicable theater; (vi) you view a movie other than the movie for which your ticket was acquired; or (vii) you allow another person to use your account.  If you reserve a seat in advance and are not able to make it to the movie, you must cancel or refund the ticket. If you reserve a seat and do not attend, it is a violation of this Agreement and we may cancel your subscription, restrict your ability to purchase tickets in advance, or restrict your account in other ways.  The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to the Service.
23. By using the Service, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property.  If you do not agree to these terms of use, please do not use the Service. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS
24. The materials accessed through the Service are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Alamo Drafthouse’s proprietary rights in them.
25. THE MATERIALS, CONTENT ON THE SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  ALAMO DRAFTHOUSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SERVICE. ALAMO DRAFTHOUSE MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, ALAMO DRAFTHOUSE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ALAMO DRAFTHOUSE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
26. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ALAMO DRAFTHOUSE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICE, EVEN IF ALAMO DRAFTHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. ALAMO DRAFTHOUSE AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF ALAMO DRAFTHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  IF YOUR USE OF MATERIALS FROM THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
27. This Agreement and the Alamo Drafthouse website Terms of Use shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.  No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
28. The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. Alamo Drafthouse shall not be liable to you for any delay or failure of Alamo Drafthouse to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Alamo Drafthouse.  Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.  Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Service.