terms of service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site, 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. If you do not agree to these terms of use, please do not use the Site. 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.This web site ("Site") is owned and operated by Alamo Drafthouse. The Site and its contents may only be accessed for personal use. No material from Alamo Drafthouse or any web site owned, operated, licensed or controlled by Alamo Drafthouse may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Alamo Drafthouse 's copyright and other proprietary rights.For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to Alamo Drafthouse or other respective owners that have granted Alamo Drafthouse the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; 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 Site or any content contained therein.While Alamo Drafthouse uses reasonable efforts to include accurate and up-to-date information on the Site, 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 of this Site.The Site may contain links to other sites on the Internet that 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 content 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 content located on such External Sites.Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity 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 Site, including content that has been posted by users.If you post content or submit material 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. You will defend and indemnify Alamo Drafthouse and its affiliates from any claims resulting from any content or materials you provide hereunder. In addition, Alamo Drafthouse may also sell, repurpose, aggregate, or transfer to third parties any information that you provide to Alamo Drafthouse and any additional information that can be obtained or determined from such information for any legally permissible purposes.Acceptable Use Policy. You agree not to use the service to:Harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;Post or otherwise transmit 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;Post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;Send any unsolicited commercial email, spam, or bulk commercial email;Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;Violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law;Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;Interfere with or disrupt the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;In the event you violate these terms of this Section, Alamo Drafthouse, in its sole discretion, may immediately terminate the Service. Alamo Drafthouse is not liable for your breach of the terms of this Section.Alamo Drafthouse reserves the right to provide your personally identifying information to law enforcement officials in the event that you violate any applicable local, state, national or international law while using the Service.Alamo Victory Program (AVP). Drafthouse.com and Alamo Drafthouse Cinemas, LLC, a Texas limited liability company, (collectively, "Alamo Drafthouse Cinema") have launched AVP to reward its guests for their roles in helping to make Alamo Drafthouse Cinema a success. We know you have many options regarding the entertainment provider you choose, and this is our way to say thank you for making Alamo Drafthouse Cinema a part of your entertainment experience. By becoming a member of AVP, you may receive surprises including advanced notice to movie screenings, offers on special events, or discounts on movie tickets, food, drinks, merchandise and more.Terms of Participation. The following are the rules or "Terms" that govern use of AVP. By participating, enrolling and/or using AVP, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and AVP. Alamo Drafthouse Cinema reserves the right to change (add to, delete or amend) these Terms or any other aspects of AVP, at any time, without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically for any changes. Updates to these Terms will be noted at the bottom of this Agreement. If you violate these Terms, Alamo Drafthouse Cinema may terminate your membership and use of the Site, bar you from future use of the Site, cancel any purchase orders and offers, and/or take appropriate legal action against you. As a condition to membership in AVP and in any and all promotions in connection with AVP, you agree to comply with the terms of all offers, promotions, and programs of AVP and any advertiser, sponsor and partner at all times. These Terms set forth the manner in which one can take advantage of offers.Membership. Membership in AVP is limited to persons 18 years of age or older, and residing in the United States or U.S. Territories. Members of the U.S. Armed Forces not residing in the United States or U.S. Territories may also become members. AVP individual membership is limited to one individual per AVP account. Persons wishing to participate in AVP may do so as a member (a "Member"). As a Member, you will enjoy the full rewards of membership, including, among other things, the ability to redeem offers. To join AVP as a Member, certain demographic information, including, but not limited to, name, age, birthday, mobile telephone number and email address, must be provided to Alamo Drafthouse Cinema. This information is used to tailor your loyalty experience and provide you offers suited to your tastes. This information may be supplied online. Once your registration is completed online, your membership begins. Other demographic information is requested to help us get to know our Members better. Member agrees to confirm from time to time that any information provided by the Member is up-to-date and accurate. Member agrees to provide only true and accurate information to Alamo Drafthouse Cinema. Please visit the Privacy Policy regarding the use of your personal information. No business entities may become Members.Program Use. Following account activation, Members should use their recognized and accepted Member ID method every time they purchase a ticket online or at the box office. The recognized and accepted Member ID methods include: (i) providing the Member telephone number at the box office at any Alamo Drafthouse Cinema. (ii) providing the Member email address at the box office at any Alamo Drafthouse Cinema. (iii) logging into the Drafthouse.com website or mobile app using the username and password associated with the Member 's Victory account. One Member ID may be used for a single transaction. One Member ID can be associated with a maximum of 4 visits within any twenty-four hour period. See Alamo Victory Program FAQs for the definition of a visit.Redeeming Rewards. Customized Member rewards will periodically be delivered to the inbox of the email address associated with the Member 's account. To take advantage of the Member reward, the Member should follow the instructions in the email received. Alamo Drafthouse Cinema reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available. In the event of technical failures or difficulties, membership benefits may not be available during a Member's visit to an Alamo Drafthouse Cinema or participating establishment. Members are not entitled to any compensation as a result of such technical failures or difficulties.Competitions.Alamo Drafthouse Cinema may also from time to time make available to Members promotions and competitions (collectively, "Competitions"). Where applicable, Members may enter Competitions according to Website or email instructions.We may publish names of winners of Competition prizes.Each Competition will be subject to any individual terms and conditions specified on the Website or email instructions. However, some of the standard terms and conditions are as follows:Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash;If an award or prize is unavailable for any reason, we reserve the right to substitute an award or prize of equal or greater value;Alamo Drafthouse Cinema 's decision on all matters relating to a Competition will be final and not subject to challenge or review;Benefits may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers;Neither Alamo Drafthouse Cinema nor our officers, agents, employees and related corporate bodies make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.To the extent of any conflict between Clause 7(c) and individual Competition terms and conditions, the latter will prevail.Termination from AVP. A Member may terminate membership in AVP, at any time, for any reason, by emailing avp@drafthouse.com. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Rewards after termination. Member 's membership shall terminate immediately upon Member 's death. Subject to Paragraph 13 below, we will publish on our web site, and/or through postings in participating Alamo Drafthouse Cinema lobbies, notice of termination of AVP.Non-Transferable. Member's right to enroll in and use of AVP is non-transferable. Rewards may not be purchased, sold, bartered or brokered. AVP accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.Under no circumstances will Alamo Drafthouse Cinema be held liable or responsible for an inability to redeem Rewards or any loss whatsoever, arising from Member's failure to update and maintain accurate contact information with AVP.AVP reserves the right to send Members messages from time to time for which they will not be rewarded. Such messages may include AVP system updates, flash bulletins, Reward confirmations, administrative announcements, special requests, etc. -- and may be sent via email or communicated to Members on a receipt or display at the time of use of AVP.AVP and Alamo Drafthouse Cinema are under no obligation to provide Members with any particular number of Reward opportunities or send messages to them. AVP reserves the right to limit AVP enrollment at any time. You will be given at least thirty (30) days to redeem your Rewards should we restrict enrollment.Should a Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with AVP, Member's only recourse is to immediately discontinue participation in AVP and properly terminate his or her membership in the manner provided above.Alamo Drafthouse Cinema is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers for Rewards.Alamo Drafthouse Cinema does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of AVP without the express prior written consent of AVP.Member acknowledges that AVP content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and AVP information) logos or other material contained in any AVP communication, advertisement or message, whether by AVP or AVP's advertisers), information about Alamo Drafthouse Cinema and its services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of AVP or the appropriate affiliate or licensor.Member agrees not to forward any AVP offers or promotions to others without first obtaining the express written permission of Alamo Drafthouse Cinema. All offers are specific to Member's membership unless otherwise stated.Member agrees not to abuse AVP privileges by attempting to accrue or use Rewards in a manner inconsistent with the rules of AVP or intent of this Agreement, or tampering with AVP Reward links. If Alamo Drafthouse Cinema determines, in its sole and absolute discretion, that any Member has abused AVP privileges, or violated applicable law, Alamo Drafthouse Cinema may terminate your use of AVP or the Site, bar you from future use of the Site, cancel any purchase orders and any unredeemed Rewards, and/or take appropriate legal action against you.Member expressly agrees that use of, and participation in, AVP is at the Member's sole risk. Member further agrees that Alamo Drafthouse Cinema, and its subsidiaries, divisions, agents, affiliates, representatives or licensors shall not be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, AVP or the Site and the information available on the Site or arising out of any action taken in response to or as a result of any information available on the Site. You hereby waive any and all claims against Alamo Drafthouse Cinema and its subsidiaries, divisions, agents, affiliates, representatives or licensors arising out of, or in connection with, your participation in AVP and your use of the Site and the information available thereon.Indemnification. You agree to indemnify and hold Alamo Drafthouse Cinema, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney 's fees, made by any third party due to or arising out of: (i) your use of the Site, (ii) your participation in AVP, whether as a Member or Invitational Member or, (iii) your violation of this Agreement. AVP and web site is owned by Alamo Drafthouse Cinema and operated by: Alamo Drafthouse Cinema 612A E. 6th Street, Austin, Texas 78701. We welcome questions, comments and suggestions about our Program. Questions or correspondence regarding the programs operation, programs security and privacy issues should be directed to Member Services by emailing avp@drafthouse.comTo the extent Alamo Drafthouse incurs any financial penalties or other costs and expenses (including investigation expenses) from Alamo Drafthouse 's collocation facility, internet service provider or other vendors because of your use of the Service, you shall be obligated to immediately reimburse Alamo Drafthouse for any such penalties, costs or expenses.The Site contains 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.You shall not transmit to Alamo Drafthouse or upload to this Site any Harmful Code or use or misappropriate the data on this Site 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.Password. You may not use your password for any unauthorized purpose.Termination. We may terminate: (i) any program and your membership thereto, including, but not limited to, AVP; and/or (ii) your access to our Site(s) for any reason at any time without any liability whatsoever. Should your membership be terminated, Member 's right to use Member 's membership shall cease thirty (30) day after the program termination and any unredeemed rewards shall be cancelled at that time.U.S. Government Users 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. Alamo Drafthouse Site pages may contain other proprietary notices and copyright information that should be observed.THE MATERIALS ON THIS SITE, INCLUDING MEMBERSHIP IN AVP, ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALAMO DRAFTHOUSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. ALAMO DRAFTHOUSE CINEMA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE AVAILABILITY OF SEATING FOR A PARTICULAR PERFORMANCE(S) OF AN EXHIBITION. ALAMO DRAFTHOUSE CINEMA SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES AND REPRESENTATIONS, IF ANY, OFFERED BY ADVERTISERS, MANUFACTURERS OF MERCHANDISE, OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A MEMBER FROM OR THROUGH AVP OR ALAMO DRAFTHOUSE CINEMA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.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 THIS SITE, EVEN IF ALAMO DRAFTHOUSE OR AN ALAMO DRAFTHOUSE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE 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.Participation in Promotions of Advertisers and Partners. You acknowledged and agree that Alamo Drafthouse Cinema neither endorses the contents of any advertisements appearing on, or linked through, our Site, or the web sites of our partners or sponsor, if any, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising thereof, or any fraud or other crime facilitated thereby. Alamo Drafthouse Cinema assumes no liability, obligation or responsibility for any part of any correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion.This Agreement constitutes the complete and exclusive understanding between Alamo Drafthouse Cinema and you/Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.Arbitration. All disputes, controversies and claims from or relating to these Terms and Conditions, including any subsequent updates, 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 and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site. If any provision(s) of this Agreement is held by the arbitrators to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Alamo Drafthouse Cinema in writing.