Cinemark Terms & Conditions
These Terms and Conditions govern use of the Cinemark website, the Cinemark mobile app, the Cinemark Connections program, and the Cinemark Movie Club program. The Cinemark website and mobile app (together, the “Site”) is an online store where you can participate in the Cinemark Connections program, the Cinemark Movie Club program and purchase movie tickets, gift cards, Supersavers discounts, and certain merchandise provided by, or through, Cinemark USA, Inc. (“Cinemark,” “us,” “our,” “we”) subject to your compliance with the Terms and Conditions set forth below.
The Cinemark Connections program (“Connections”) is operated by Cinemark. When you open an account on the Cinemark website you are automatically enrolled in Connections as a member (“Member”). As of January 1, 2017, all My Cinemark accounts are automatically enrolled in the Connections program. As a Member you are able to collect points and access Member benefits. You may be able to redeem the points in your account for benefits which may include, among other things, discounts, coupons, special offers, screenings, and other Member-only benefits (“Rewards”). Rewards are offered on a first-come, first-served basis due to limited quantities. Available Rewards are subject to change and may be subject to age-related restrictions solely at our discretion.
The Cinemark Movie Club program (“Movie Club”) is operated by Cinemark. When you enroll in Movie Club you will receive a monthly credit redeemable for one (1) regular 2D movie ticket at participating Cinemark theatres (and except in certain Cinemark theatres where an upcharge may be added) and will be able to access members-only pricing on tickets and concessions. Cinemark accounts are neither automatically enrolled nor required to be enrolled in the Movie Club program—you will be enrolled only if you elect to do so.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND CINEMARK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Please read the following information carefully before using the Site or Connections. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms and Conditions and are bound by them, as changed periodically. Cinemark reserves the right, in its sole discretion, to modify, alter, or otherwise update this agreement at any time. By clicking “I agree” when using Connections, or the Connections webpage at Cinemark.com or the Connections page in the Cinemark mobile app (together, “Connections Page”), after any changes to these Terms and Connections have been posted, you accept those changes.
Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify Cinemark to terminate your Account or you must delete the Cinemark mobile app.
2.1 Participation: Enrollment, membership, and all related benefits of Connections are offered at our discretion.
Cinemark reserves the right to unilaterally modify, suspend, or discontinue all or any portion of the Connections program without notice in accordance with these Terms and Conditions.
You may not sell, exchange, charge or otherwise dispose of any points or Member benefits except in accordance with these Terms and Conditions.
2.2 Enrollment: To enroll you must meet the terms for participation established by Cinemark. Once your enrollment is processed and accepted by us, we will establish an account in your name (“Account”) and assign you a Member identification number (“User ID”). Access to your Connections Account is through the Cinemark mobile app. There is no fee to enroll in Connections. Enrollment is limited to one Account per Member per email address.
NOTE: THERE IS A FEE TO ENROLL IN MOVIE CLUB. You need not enroll in Movie Club in order to use Connections. The Movie Club program is separate and apart from Connections and is subject to additional Terms and Conditions, as set forth in Section 4 below.
2.3 Earning Points: Points are earned through making purchases on the Site and at participating Cinemark locations. At times, points may be earned via interactions with the Site or Cinemark social media accounts (for example, using the “CineMode” feature in the Cinemark mobile app). Points may not be earned or accrued by any deposit or transfer of funds to your Account.
In order to qualify to accrue points, you must identify yourself as a Member by presenting your User ID or required information when dealing with the Site and participating Cinemark locations.
Points that you accrue as a result of your transactions with the Site and participating Cinemark locations will be posted to your Account. Points will normally be posted to your Account within twenty-four (24) hours from the time of your purchase from the Site or participating Cinemark location, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your points are properly credited. If proper credit does not appear on your activity statement, you should contact us via the Site and then provide any requested documentation to verify your purchase. We reserve the right to determine whether points should have been posted to your Account and to adjust your Account accordingly.
Some Cinemark locations may not participate in Connections. Membership entitles you to earn points only from those Cinemark locations in the United States participating in Connections. We may refuse to record or honor points in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded points if the point-issuing Cinemark location tells us to cancel the points (for example, because you returned or did not pay for products or services for which the points were issued). Neither we nor any participating Cinemark location is responsible for any Reward or offer which is no longer in effect.
If you believe that any Account summary showing the number of points in your Account is in error, you must notify the point-issuing Cinemark location, or contact us through Cinemark.com, within thirty (30) days of the date the point was or should have issued or it will be deemed correct. You may be required to submit documentation (such as receipts) to support your claim. Members are responsible for emailing email@example.com to request points be added back for accidental redemption. However, we do not guarantee that points will be added back as requested.
Points have a value of 1/100th of one cent and are not redeemable for cash. Points are not eligible for re-sale or exchange. Points may not be used towards the purchase of a Gift Card.
There is a 24-hour daily points cap operating as follows:
Points may be earned for restaurant and alcoholic beverage purchases at participating Cinemark locations. However, Connections points are not redeemable for discounts wherever prohibited by state law, including, for example, for alcoholic beverages, dairy, etc.
Points accrued through zero-dollar transactions (for example, points accrued through use of the CineMode function in the Cinemark mobile app) are subject to review by us.
2.4 Adjustments: In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to Connections, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding points have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your points earned through Connections may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you received upon redemption of points that are subsequently deducted from your Account.
2.5 Redemption of Points; Rewards: Rewards are offered on a first-come, first-served basis due to limited quantities. Rewards will be removed from the “Rewards Carousel” once the limited capacity is met. We assume no liability for any delay in the removal of Rewards having met capacity. To redeem points to receive Rewards, you must log in to your Account in the Cinemark mobile app. On the Connections Page in the Cinemark mobile app, available Rewards will appear in the “Rewards Carousel.” Your points will automatically be applied to the transaction when you click “Redeem.” Once you have redeemed points, you must follow any additional instructions appearing on the Rewards page in order to receive your Reward. Rewards may at times be provided by film studios. In these situations, the studios and not Cinemark control the nature, amount, and timing of the Rewards.
Points may at times be redeemable for coupons. Each coupon is valid for one item only. There is a limit of one coupon per transaction. The coupon code and barcode must be visible for use. You may upgrade a free concession item to a larger size of the same item if you pay the difference in value between the item as listed on the coupon and the value of the larger sized item. Coupon offers are valid with Cinemark’s Annual Refillable Drink Cup and Popcorn Tub when applicable. Coupons are not valid with any other promotions or discounts. Coupons are not valid for re-sale. Coupons may not be used for free or discounted purchases of alcoholic beverages. Coupons have cash value of 1/100th of one cent, and are not redeemable for cash or eligible for re-sale or exchanges.
Points may at times be redeemable for digital downloads. Upon redemption of points for a digital download, the Member will be provided a code and a link to a third-party site. Use of such links is subject to the provisions of the “Links” section below.
Members may at times have access to enter sweepstakes being conducted by Cinemark. Any such sweepstakes will be conducted separate and apart from the Connections program and governed entirely by its own terms and conditions. Alternate means of entry to any such sweepstakes will be available by visiting the Site.
Rewards are limited to one Reward per Member. The one-Reward limit applies regardless of the number of points in the Member’s Account at the time and immediately after points are redeemed for a given Reward.
The size of Rewards received upon redemption of points is not guaranteed (for example, if the Reward offered is a T-shirt, Cinemark does not guarantee the Member will receive their preferred T-shirt size). Points will not be refunded based on sizing issues.
Members may be invited to redeem points for “Birthday Rewards.” Birthday Rewards are only redeemable one time per twelve-month period. Members must present their User ID and a separate valid form of identification at the time of redemption. Birthday Rewards are subject to change.
Points will expire if not redeemed within a twelve-month period. At the time of expiration, all points will be forfeited. Membership is not terminated upon expiration and forfeiture of points, and the Member can continue to accrue points through their account.
We will not be taken to have waived any of our rights even if we redeem points or honor Rewards when not required.
2.6 Discontinuation; Suspension; Account Closure: To be considered active, a Member must have scanned his/her User ID or earned a Reward within the preceding twelve months. We may, in our sole discretion, at any time and without prior notice:
(i) Discontinue transmitting all or any part of the Content (as defined below) related to Connections;
(ii) Change, discontinue or limit access to Connections or any functionality, feature or other component of Connections; or
(iii) Suspend or terminate your use of or access to Connections or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
You may elect to close your Account at any time by notifying Cinemark firstname.lastname@example.org. Upon closure, any rights to redeem points from that Account are lost.
2.7 Termination, Changes, and Breach: We may change any aspect of Connections, including issuing and redemption procedures or any Rewards in any respect, all without notice. For example, but without limitation, we may add, delete or change participating Cinemark locations, time limits for collection, redemption or use of points or Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If:
we may, without affecting our other rights, terminate your enrollment and/or cancel your points and disclose only appropriate information requested by proper authorities. If points expire or are cancelled for any reason, they become void without compensation.
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE AND IN CONNECTIONS ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. CINEMARK DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR CONNECTIONS GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CINEMARK WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE OR CONNECTIONS. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE AND IN CONNECTIONS IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, CINEMARK CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
NO CONNECTIONS POINTS MAY BE REDEEMED UNTIL THEY HAVE BEEN CREDITED TO THE MEMBER'S CONNECTIONS ACCOUNT. POINTS AND REWARDS HAVE A VALUE OF ONE 100TH OF ONE CENT, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING CINEMARK LOCATION. Transactions upon which points are earned or redeemed and all Rewards are subject to all applicable legal rules and the terms and conditions set by the participating Cinemark locations, the Site, and third party websites accessed by a link in the Connections Page.
CINEMARK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR CONNECTIONS.
3.2 No Warranty: THE SITE AND CONNECTIONS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CINEMARK MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, CONNECTIONS, OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. CINEMARK ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR CONNECTIONS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. CINEMARK SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE OR CONNECTIONS ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF CINEMARK.
3.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL CINEMARK HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) CONNECTIONS OR YOUR PARTICIPATION IN CONNECTIONS; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING CONNECTIONS OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM POINTS; (III) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT CONNECTIONS MADE BY A PARTICIPATING CINEMARK LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING CINEMARK LOCATIONS; OR (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MERCHANDISE. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $20, whichever is less.
3.4 Indemnification: You agree to indemnify and hold Cinemark harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs. Cinemark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by Cinemark in the defense of any claim. You shall not in any event settle any claim without the written consent of Cinemark.
3.5 Member Obligations; Prohibited Actions: You agree that you will not, and will not permit others to:
(i) Provide any unauthorized third party with access to the Site, Connections or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Cinemark (collectively, "Content") by any means;
(ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site, Connections or any of the software applications used by you in connection with your use of the Site or Connections;
(iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site or Connections;
(iv) Disable any licensing or control features of the Site;
(v) Introduce into the Site or into Connections any virus or other code or routine intended to disrupt the Site or Connections, alter or delete its Content, access confidential Content on the Site or Connections, retrieve or record information about the Site or its users, or interfere with the operation of the Site or Connections, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Site or Connections with another program or create derivative works based on the Site or Connections;
(vii) Post any material in any form whatsoever on the Site or within Connections that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
(viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site or Connections to others;
(viii) Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or Connections, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Connections; or
(ix) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or Connections. Except as expressly provided herein, Cinemark reserves all rights with respect to the Site and Connections, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with the Site and with Connections and acknowledge that the Site, Connections and all rights therein and goodwill pertaining thereto belong exclusively to Cinemark. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in Connections or thereafter:
(i) Attack the title or any rights of Cinemark in or to the copyrights, trademark, and other intellectual property in the Site or Connections;
(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or Connections;
(iii) Claim (adversely to Cinemark or anyone claiming rights through Cinemark) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or Connections;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or Connections or bring the Site or Connections into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of Cinemark’s trademarks or any mark which is, in Cinemark’s reasonable opinion, the same as or confusingly similar to any of Cinemark’s trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Cinemark’s reasonable opinion, the same as, confusingly similar to or incorporates any of the Cinemark’s trademarks.
3.6 Copyright; Trademarks: Cinemark, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site and the Connections Page. Except as provided in these Terms and Conditions, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Site or the Connections Page without the prior written consent of Cinemark. Systematic retrieval of content from the Site or the Connections Page to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site or the Connections Page without written permission from Cinemark is strictly prohibited.
Nothing on the Site or the Connections Page shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site or the Connections Page. Unless otherwise specified, the Site and the Connections Page are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site or the Connections Page for your personal use only. Copying or downloading material from the Site or the Connections Page does not transfer title to any material on the Site or the Connections Page to you. If you copy or download any information or software from the Site or the Connections Page, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of Cinemark or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain Cinemark’s written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.
You agree to grant Cinemark an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site or the Connections Page by you.
Cinemark reserves all rights to copyright and trademark ownership of its material at the Connections Page and will enforce such rights to the full extent of the law.
3.7 Social Media Features: The Site, including the Connections Page, may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.
3.9 Passwords: When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one individual. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will allow access to the Site and Connections only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither Cinemark nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s account, username or password without permission. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify Cinemark as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT CINEMARK HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.
If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site or Connections that would damage, interfere with or unreasonably overload the Site and/or Connections.
3.10 Exclusions and Limitations; Consumer Protection Notice: If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Cinemark reserves all rights, defenses and permissible limitations under the law of your State of residence.
3.11 Shipping of Connections Rewards and Site Purchases: Cinemark (or its vendor) will only ship to addresses located in the United States. We do not ship to P.O. Boxes. When you redeem Connections points for physical rewards, or make purchases on the Site for gift cards, Supersavers, or merchandise, you must provide a valid mailing address for shipment. It is your obligation to provide full shipping information at the time of redemption of points for or purchase of a physical item in order to receive the item. Failure to do so may result in the loss of Connections points and/or the physical Reward for which the points were redeemed. Cinemark will not use the address provided for any marketing purposes.
3.12 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to Cinemark via Visa, MasterCard, Discover, and American Express credit cards only. At this time, we are not accepting any other method of payment.
If you purchase tickets on the Site with a registered account you can receive a refund at Cinemark.com for the purchase price of the ticket (excluding any service charge) up to two hours prior to the start of the showtime. In the rare situations when a show is cancelled, you will be entitled to a refund for the full purchase price of your tickets, including any service charges. In these situations please send an email to email@example.com and include the theatre, movie, showtime, email address and your confirmation number.
Please refer to the FAQ page at Cinemark.com for further details regarding the refund procedures.
3.14 Must be At Least 13 Years Old to Use the Site and 18 Years Old to Use Connections and Movie Club: Cinemark requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older). If you are at least thirteen (13) years old but not of legal age to enter agreements, you MUST have permission from your parent or guardian. Cinemark requires that Connections and Movie Club Members be at least eighteen (18) years of age or older to sign up for Connections and/or Movie Club. Cinemark makes no active effort to collect personal information from individuals under the age of 13. You must ensure that content you provide on any website or social media platform in connection with attempting to earn Connections points is acceptable for viewing by users who might not be adults.
3.15 Controlled from the United States: The Site and Connections are controlled from offices within the United States. Cinemark makes no representation that content or materials in the Site or Connections are appropriate or available for use in other jurisdictions. Access to the Site, Connections, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site or Connections from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE AND CONNECTIONS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF DALLAS, TEXAS IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
3.17 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language.
3.18 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. Disputes shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Dallas, Texas, in English or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with the rules. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Cinemark. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to Cinemark Corporate Headquarters located at 3900 Dallas Parkway, Suite 500, Plano, Texas 75093 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with Cinemark.
4.1 Program Overview. Enrollment in the Movie Club program is on the basis of a monthly membership fee (“Membership Fee”). An active Movie Club member (“Movie Club Member”), will receive one credit (“Credit”) per month valid for one regular 2D movie ticket. Additionally, Movie Club Members will also receive special members-only discounts on concessions at participating theaters.
Movie Club Members are automatically enrolled in the Connections program. As such, Movie Club Members are subject to the Terms and Conditions set forth in Sections 2 and 3 above. In addition, the following Terms and Conditions apply. If there is a conflict between any terms in Sections 2 and 3 and this Section 4, the terms of this Section 4 shall control.
4.2 Enrollment, Renewal, and Cancellation. Purchase is required for enrollment in Movie Club. Movie Club Members must be enrolled in Connections (however, enrollment in Connections does not require enrollment in Movie Club and there is no purchase required for enrollment in Connections). The Membership Fee may vary based on zip code and may or may not include applicable taxes. The Membership Fee and terms of enrollment will not be changed during the course of the membership month. However, Cinemark reserves the right to change the Membership Fee and terms of enrollment at the time of monthly renewal. If the Membership Fee and terms of enrollment are changed, Cinemark will send an e-mail notification to Movie Club Members prior to renewal with instructions for termination of the Movie Club account (“Movie Club Account”).
Renewal of the Movie Club membership is automatic. Cinemark will charge the credit card on record for the Membership Fee, typically on the 30th day of the billing cycle for automatic renewal. Unless the Membership Fee has changed, Cinemark will not send any e-mail notification prior to charging the credit card for a renewal. The exact date for the next monthly billing will be displayed in the profile page of the Movie Club Account.
The Subscription Member is responsible for keeping the credit card information updated on the Movie Club Account. If the credit card on record cannot be charged, the Movie Club Account will be cancelled and Cinemark will send an e-mail to the Subscription Member notifying the cancellation of the Movie Club Account effective as of the date of renewal.
A Movie Club Account is active and available for use immediately upon receipt of the confirmation email acknowledging creation of a Movie Club Account. Enrollment is limited to one Movie Club Account per Movie Club Member per email address. Cinemark requires that Movie Club Members be at least eighteen (18) years of age.
There is no required minimum enrollment period. Movie Club Members may cancel membership at any time through the profile management page. The cancellation will be effective from the billing cycle following the effective date of cancellation. The Membership Fee cannot be refunded. All unused Credits remaining in the Movie Club Account expire six (6) months from the date of cancellation.
4.4 Use of Credits. Movie Club Members will receive one (1) Credit valid for one (1) regular 2D movie ticket during each month of membership. Except in certain theatres where an upcharge may be added, each Credit may be redeemed for one (1) regular 2D movie ticket or the Membership Fee paid for the Credit, whichever is higher. The Credit can be used to book tickets at any participating Cinemark theatre. Credits may be redeemed only for regular 2D tickets; upcharges will apply for any non-2D or premium format tickets.
Unused credits (“Rollover Credits”) rollover into the following month. Rollover Credits continue to rollover and may be used indefinitely in an active Movie Club Account. If a Movie Club Account is cancelled, all Rollover Credits expire six (6) months from the date of cancellation.
Credits may not be partially used; the entire Credit is to be used on booking one ticket. Tickets booked with a Credit are transferrable and may be used by anyone. However, Credits may not be transferred and are only redeemable by the Movie Club Member who received the Credit in his/her Movie Club Account.
A Movie Club Member can use any number of available Credits in a single transaction. All outstanding Credits must be used prior to receiving the Membership Fee price on additional tickets. However, the number of transactions on a Movie Club Account is limited to three (3) per day. All tickets purchased after the third transaction will be at the non-discounted price but service fees will be waived for all transactions. There are no limitations on number of transactions for the concessions discount.
Credits once used cannot be refunded. However, ticket purchased with a Credit can be refunded so that the Credit can be used to purchase another ticket.
A Credit is not a Gift Card and is not redeemable for cash; it may not be used for any transaction except the booking of one (1) regular 2D movie ticket. Credits cannot be refunded. However, tickets booked using the Credit may be exchanged for a new ticket.
4.5 Member Discount; Purchase Process. Subscription Members will receive a 20% discount towards the purchase of all concessions, except on alcoholic beverages, dairy, etc. wherever prohibited by state law.
One companion ticket can be purchased at the then current Membership Fee price for each transaction in which a Credit is applied (regardless of how many Credits are applied in the transaction). If a Credit is not available to be applied (i.e., after all Credits have been exhausted) a Member may purchase two tickets at the then current Membership Fee price per transaction.
Members must present their User ID, or a print-out or email associated with their Connections or Movie Club Account to book a ticket at the point of sale. Members may book tickets online and will receive a confirmation number as with an ordinary purchase. Tickets booked using a Credit or member discount cannot be purchased at a Kiosk. No online fees or service fees are applied to transactions booked through an active Movie Club Account. Cinemark reserves the right to require customers to present an alternate form of identification, such as a valid photo ID, while booking a ticket at the box office with their Movie Club Account, if they cannot present a valid Connections ID.
Please refer to the FAQ page at Cinemark.com for further details regarding the Movie Club program.
Cinemark Corporate Office:
Cinemark USA, Inc.
3900 Dallas Parkway, Suite 500
Plano, TX 75093-7865