Terms & Conditions

Effective Date: May 19, 2021

American Cinematheque, a 501(c)(3) nonprofit organization (“American Cinematheque,” “we,” “us”, etc.) operates the website located at https://americancinematheque.com/, (the “site”).

Please read these terms and conditions (the “Agreement” or “Terms”) carefully. This Agreement governs your use of the site and your purchase of products and services that are offered for sale on the site. This Agreement forms a legally binding agreement between you, the individual accessing or using the site (“you”), and American Cinematheque, and you should read it carefully. By using the services and resources available or enabled via the site (“service”) by us, creating an account, making a purchase, or browsing the site, you represent that (1) you have read, understand, and agree to be bound by the agreement, (2) you are of legal age to form a binding contract, and (3) you have the authority to enter into this Agreement. If you do not agree to be bound by the Agreement, you may not access or use this site or the services or purchase anything on or through the site.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. PLEASE SEE THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW FOR MORE INFORMATION. By accessing or using the site or purchasing anything on the site, you agree to be bound by these Terms and our Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, please do not use, or purchase anything through, the site.

Table of Contents

General Conditions; Prohibited Uses
Purchase of Products and Services; Your Account
Events
Admission Information & Theatre Policies
Memberships
Third-Party Links
Privacy Policy
Disclaimer of Warranties; Limitations of Liability
Indemnification
Governing Law; Dispute Resolution
Copyright Infringement Claims
Changes to these Terms
Notice for California Users
Termination; Modification
Contact Information

General Conditions; Prohibited Uses

You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws or rights of third parties. You agree not to reproduce, duplicate, copy, sell, resell, deep link, or exploit any portion of the service or this site without express written permission by us.

You agree not to use automated ticket purchasing technology to search for, reserve or purchase tickets through the site or to circumvent any security measure or other control that is used on the site to enforce posted event ticket purchasing limits. In addition, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites or the Internet.

Purchase of Products and Services; Your Account

Certain products or services may be available for sale through the site. When you purchase anything on the site, you agree to the Ticket Purchase Terms and Conditions, which are incorporated herein by reference.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction, and to limit the quantities of any products or services that we offer. All descriptions and pricing of products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not provide any refunds or exchanges of products unless expressly stated at the time of purchase.

The site may permit or require you to register an account or obtain a password prior to permitting access to certain products or services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your account information and password, and for all uses of your password. You must promptly notify us of any confidentiality breach or unauthorized use of your account information.

Events

You acknowledge that events, including but not limited to dates, timing, speakers, and programming, are subject to change or cancellation, and that some changes shall be made without notice. By attending an event, you expressly agree to our Admission Information & Theatre Policies, which are incorporated herein by reference.

You acknowledge that any tickets, discounts, or special offers may be subject to limited availability or capacity. Such tickets, discounts, and offers may be provided on a first-come, first-served basis, or we may (at our sole discretion) provide priority access to certain members and individuals. We reserve the right to deny admission to or eject any person whose conduct is unacceptable, in the sole discretion of us or third party vendors, affiliates, venues, or agents, or otherwise violates these Terms or event-specific terms and policies. No refunds will be made in these circumstances.

The unauthorized use of photographic and recording equipment is prohibited at American Cinematheque’s events.

In the interest of safety, you acknowledge that admission into American Cinematheque event venues may be subject to security and health screening, including but not limited to searches of your person and anything you are carrying, and health and temperature checks, prior to entry. Failure to consent to such searches might result in denial of entry into the venue. Restrictions on items which may be taken into American Cinematheque event venues may also apply.

You acknowledge that additional terms and restrictions may apply to American Cinematheque events. You are responsible for reviewing relevant event descriptions, policies, notifications, and confirmations in advance. You agree that you, and anyone on whose behalf you purchase an event ticket, will observe and comply with all applicable terms and restrictions.

You understand and acknowledge that American Cinematheque does not own all venues where events are held. Therefore, additional policies, requirements, and restrictions may be imposed, to which you will be subject.

We are not responsible for any harm caused by factors beyond our control, and you hereby waive any and all claims and potential claims against American Cinematheque for injury or liability resulting from an act of God, health emergency, unavoidable casualty, interruption or failure of electricity or utilities, adverse weather condition or other cause or condition beyond our reasonable control. If we are required to cancel any event as a result of such factors beyond our control, refunds or credits may be issued in our sole discretion.

Admission Information & Theatre Policies

By visiting any American Cinematheque-affiliated theater or attending any event sponsored by or affiliated with American Cinematheque, you agree to our Admission Information & Theatre Policies, which are incorporated herein by reference.

Memberships

You may have the option of enrolling in a paid membership (“membership”), which may provide certain benefits such as complimentary ticket(s), discounts, priority access to events, free screenings. To enroll in a membership, you must pay using a credit card or debit card (“payment method”). Unless otherwise specified at the time of purchase, membership fees are non-refundable and your membership cannot be modified. You will not be permitted to change membership options or levels after your purchase.

Automatic Renewal
We offer certain memberships on an automatically renewing basis. If you enroll in an automatically renewing membership, you will be charged on an automatically recurring basis, at the price and frequency stated at the time of enrollment or as modified by us, unless and until you cancel.

The charge for each membership renewal will be billed to the payment method used to create your subscription account or as otherwise directed by you. To update your credit card information or payment method, log into your Member Portal at AmericanCinematheque.com or by emailing [email protected].

To cancel your automatically renewing membership, log into your account on the Member Portal at AmericanCinematheque.com or email [email protected]. You must cancel at least 24 hours before your next renewal date to avoid being charged for your next renewal.

If you cancel, your membership will remain active through the current term. After the end of your current term, you will lose access to all membership benefits.

Certain content, products, and services available via our service may include materials from third parties. Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not make any representations or warranties about, and will not have any liability or responsibility for, any third-party materials, websites, products, or services. Please carefully review the third party’s policies, and ensure you understand them before you engage in any transaction.

Privacy Policy

Your submission of information through the site is governed by American Cinematheque’s Privacy Policy, which is incorporated herein by reference.

Disclaimer of Warranties; Limitation of Liability

We provide the site, the service and all products and services available on our through the site on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You agree that your use of, or inability to use, the service and the site is at your sole risk.

In no event shall American Cinematheque or our directors, officers, employees, affiliates, agents, contractors, suppliers, vendors, third-party venues, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or related in any way to your use of the service or any of the products, services, or events that are offered, sold, or hosted by American Cinematheque or its related third parties. Without limiting the foregoing, when you purchase or obtain tickets on the site and attend any event hosted, sponsored, or affiliated with American Cinematheque, you acknowledge that there is an inherent risk of injury and/or exposure to illness in any public place where people are present. By attending in-person events, you and any of your guests voluntarily assume all risks related to injury and illness, and you agree not to hold American Cinematheque or our directors, officers, employees, affiliates, agents, contractors, suppliers, vendors, third-party venues, service providers or licensors liable for any illness or injury.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless American Cinematheque and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

Governing Law; Dispute Resolution

If you have any dispute with American Cinematheque, the site, the service or any product or service offered for sale through the site, you agree to first contact us at [email protected]. If we are unable to resolve the issue informally, you and we agree that any dispute, demand, claim or controversy arising out of or relating in any way to this Agreement, your use of the site or the service, or your purchase or use of products or services offered for sale on the site shall be resolved individually, without resort to any form of class action, via confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the state of California, without regard to principles of conflicts of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator.

If any dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American

Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Thus, unless both you and American Cinematheque agree otherwise, the court may not consolidate more than one person’s claims with your claims, and you may not otherwise preside over any form of a representative or class proceeding. Unless you opt-out, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. You shall have thirty (30) days from the earliest of: the date that you access the site, submit your personally identifiable information or purchase a product or service on the site, to opt-out of this class action waiver. To opt-out, you must contact us in writing at American Cinematheque, 1604 N Cahuenga Blvd Suite A, Los Angeles CA 90028 or by email at [email protected].

Pursuant to the Digital Millennium Copyright Act, if you believe in good faith that material on the site infringes your copyright, you may submit a notice requesting that the material be removed to American Cinematheque’s designated copyright infringement agent by mail or email to:

Mail: American Cinematheque 1604 N Cahuenga Blvd Suite A, Los Angeles CA 90028

Email: [email protected]

You must provide the following information in such notice:

  • the identity of the infringed work and of the allegedly infringing work (and where such work is located on the site);
  • your name, address, daytime phone number and email address, to the extent available;
  • a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you, your agent or the law;
  • a statement of the accuracy of the notice and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner; and
  • your electronic or physical signature.

Changes to these Terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the site. It is your responsibility to check our site periodically for changes. Your continued use of or access to the site or the service following the posting of any changes to these Terms constitutes acceptance of those changes.

Notice for California Users

Under California Civil Code Section 1789.3, users of the site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. American Cinematheque may be contacted in writing at American Cinematheque, 1604 N Cahuenga Blvd Suite A, Los Angeles CA 90028 or by telephone at (323) 461-2020.

Termination; Modification

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our service (or any part thereof).

We reserve the right at any time to modify or discontinue the service (or any part thereof) without notice at any time. Descriptions and pricing of products and services are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Contact Information

Questions about the Terms should be sent to us at [email protected].