Terms of Use

Last Modified: November 1, 2018

123movieson Terms of Use and Cardholder Agreement

DISCLOSURE:

123movieson® attempts to provide access to films in theaters nationally. However participating theaters, as well the time and locations for movies may vary depending on theater inventory, usage, and showtime availability. YOU SHOULD CHECK OUR 123MOVIESON APP FREQUENTLY FOR CHANGES IN OUR SERVICES AND ALL OFFERINGS INCLUDING UPDATES ON THEATER PARTICIPATION. It is not until the User purchases a ticket at the theater, that the seat will be reserved and confirmed for the title and showtime selected. If the title and showtime the User wants to see is not available, 123movieson® will not be held responsible.

You are expected to read these Terms of Use because your use of our Site and Service constitutes your agreement to the Arbitration Agreement and Class Action waiver described in Sections 17 and 18 below to resolve any disputes with us. You should also read these Terms of Use, in particular Section 2.18, as it describes certain restrictions on your use of the 123movieson Site and Service and your 123movieson Card, all of which are intended for the sole benefit and use of only you as the approved account holder. Your violation of restrictions set forth in these Terms of Use may trigger our right to terminate your account for such violation

IF YOU CANCEL YOUR 123MOVIESON SUBSCRIPTION, YOU MAY NOT SUBSCRIBE TO THE SERVICE AGAIN FOR A PERIOD OF NINE (9) MONTHS.

  1. Ownership of Site; Agreement to Terms of Use and Cardholder Agreement of 123movieson

1.1. “Site” as used in these Terms of Use refers to the 123movieson Mobile App and the 123movieson web site located at www.123movieson.com.

1.2. “Service” as used in these Terms of Use refers to the 123movieson Service, which may be changed from time-to-time, the 123movieson Card and the Site.

1.3. The Service and the Site are the property of 123movieson Inc. (“123movieson”, “we”, “us”, or “our”) with an address of 175 Varick Street, New York, NY 10012 and its licensors.

1.4 “Terms of Use” refers to these Terms of Use and Cardholder Agreement which govern your access to and use of the Service and Site. BY USING THE SERVICE AND THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SITE.

1.5 Some of our vendors may require you to abide by their separate Privacy Policies and Terms and Conditions when you use their services.

1.6. 123movieson reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, without prior notice. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE, AND THE 123MOVIESON APP PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AND THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. As long as you comply with these Terms of Use, 123movieson grants you a personal, non-transferable, limited privilege to enter and use the Site and Service. 123movieson is for your personal use, and not for resale or commercial use under any circumstances.

  1. Service Subscription Information

2.1. By opening a 123movieson account (“Account”) and using the Service, you represent and warrant that: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a Resident of the United States. You may only sign up for the Service from within the United States.

2.2. 123movieson will deduct the Service subscription dues from the form of payment that you provide to us when you create an Account, unless we otherwise communicate a different time period or either party seeks to terminate this agreement. You acknowledge and agree that 123movieson is in a direct agreement with you, the individual, and not with the theaters listed on the Site.

2.3. A valid 123movieson subscription to the Service entitles you to: (1) see one (1) 2D film per calendar day through 123movieson; and (2) a single seat, depending on availability, for a 2D film showing open to the general public. The Service excludes premium showings such as: 3D films, IMAX, 4D, XD and specialty theaters. The Service is available every day of the week, subject to the theater being open, inventory, and usage. THE SERVICE PROHIBITS REPEAT VIEWINGS OF THE SAME MOVIE. Alternative or future 123movieson Service subscription plans may include (1) premium plans that provide access to 3D, IMAX, and specialty formats and (2) capped plans (limited amount of movies per month).

2.4.

(i) 123movieson reserves the right to change or modify the Service or subscriptions at any time and in its sole discretion, including but not limited to applicable prices, at any time, without prior notice. 123movieson reserves the right to change the rules of movie-going attendance and ticket availability to members in connection with the Service at any time. 123movieson reserves the right to change from time to time the number of eligible movies a member can see per month. 123movieson reserves the right to offer members a new price option if they exceed watching a certain amount of movies per month.**

(ii) “Peak Showings”: 123movieson is committed to maintaining our low monthly price in order to continue to provide the best value to you. In order to do that, we are implementing surcharges when our system-wide ticket inventory is limited. If the combination of demand for a particular title, date, or viewing time is high, users may be charged an additional fee to attend that particular viewing. Subscribers may avoid this surcharge by choosing an alternative date, time of day or film. To the extent that IMAX or RealD 3D or other premium format showings are ever offered to subscribers, these showings will also be subject to surcharge pricing. The additional fee for the Peak Showing will be charged when the subscriber picks up (after check-in) or reserves (via e-ticketing) his/her ticket for the movie, and the surcharge will be shown as a separate charge from the subscription fee and billing cycle.

2.5. 123movieson makes no guarantee on the availability to any particular theater, showtime, or title that is presented in our app. 123movieson ticket inventory may vary from specific theater ticket inventory.

2.6 You agree to choose the movie title, theater, and showtime on the day of the performance, but prior to the session’s commencement time, through the 123movieson App. You also agree to only activate your 123movieson Card for a single ticket purchase by Theater Check-in through the Site, and use your 123movieson at a ticket kiosk at your selected theater. If you do not purchase a ticket for the movie and showtime selected, the authorization or value on your 123movieson card will be removed by us. Your 123movieson Card is only available for use during the movie ticket transaction, after Theater check-in. The Theater Check-in does not serve as a confirmation; it is only once you have purchased a ticket with your 123movieson that a seat has been reserved. 123movieson does not influence what showtime or theater you select, and 123movieson is not responsible if you select the incorrect movie title, showing, or theater.

2.7 123movieson is currently available for use only in the United States.

2.8. Once you receive your 123movieson Card or use 123movieson at a supported e-ticketing theater, you may begin using the Service.

2.9. If and when 123movieson offers a promotion or free trial, you will be billed when you sign up, but your subscription and billing cycle will not begin until the end of the trial period. Your 123movieson subscription will enter into a new period once the promotional or free trial period is over unless terminated by you or 123movieson. Your 123movieson account must be in good standing in order for the 123movieson to be valid.

2.10. If and when 123movieson offers a free trial period, such period will begin when you receive your card and is valid for 14 days. If you are on an alternative free trial offer, your trial will begin when you receive your card and is valid for 7 days or for the 1 movie (that must be seen within 14 days of card arrival). If you try to see a second movie using your 123movieson Card on the one movie free trial, you will automatically opt into an annual plan. You will not be charged when signing up, but will be charged when your trial period has expired. You must cancel your account before the expiration of your trial period to avoid these charges. All free trial offers are available exclusively to new members only and are valid once per household.

2.11.

(i) 123movieson offers three types of subscriptions, month-to-month, three months and annual. 123movieson will bill upon subscription to the service and then will bill based on the date you receive your card pursuant to the terms of your subscription, unless either party seeks to terminate the agreement. You must cancel your membership before it renews in order to avoid billing of the next month’s membership fees to the payment method you provided to us. THERE IS NO REIMBURSEMENT FOR EARLY TERMINATION OF A MEMBERSHIP. If you do not contact us prior to the billing date, your card will be charged and termination will occur at the end of the next billing cycle.

(ii) To cancel, you must notify 123movieson in writing via email at least one business day prior to the next billing date stating your intent to cancel and providing the full name and email address on the account. You may also cancel your membership by using the 123movieson app. Cancellations are not effective until confirmation is sent to you via email, and you are responsible for all charges until cancellation is confirmed.

(iii) Subscription fees may be increased by 123movieson to reflect changes in standard ticket prices, inflation, 123movieson’s costs, and additional taxes and costs not imposed by 123movieson. Again, if you wish to terminate your agreement, you must notify 123movieson at least one business day prior to your next billing date. Any changes will take place at the end of the period for which fees have been paid, and will be introduced in the next billing cycle. AGAIN, THERE IS NO REIMBURSEMENT FOR EARLY TERMINATION OF A MEMBERSHIP. ONCE YOU CANCEL YOUR 123MOVIESON SUBSCRIPTION, YOU MAY NOT SUBSCRIBE TO THE SERVICE AGAIN FOR A PERIOD OF NINE (9) MONTHS.

2.12. To make a payment, you must provide the cardholder’s name and address, the card number, the card security code, and the card expiration date. If you wish to change your payment method, you must visit the Site at least one day prior to the conclusion of the billing cycle. Transactions will occur on the cardholder’s bank or card statement as a payment to “123movieson”. Payments will occur on the same date every month, unless either party seeks to terminate the agreement.

2.13. 123movieson makes reasonable attempts to provide access to 2D films in theaters nationwide, however the time and locations for 2D movies may vary based on theater inventory which also may change, usage, and showtime availability. If the 2D title and showtime you want to see is not available, 123movieson will not be held responsible. 123movieson is not responsible if the selected showing is sold out, and we recommend that you frequently check theater availability in the 123movieson App, and if available, arrive to the theater early and purchase your ticket ahead of time. 123movieson ticket inventory may vary from theater inventory. 123movieson will not be held responsible, if ticket availability has run out for 123movieson members, but the specific theater still has tickets available.

2.14. You may use 123movieson Card to purchase a 2D movie ticket at a theater kiosk. You may not use 123movieson Card for any other purpose, including but not limited to, unauthorized purchases or purchases exceeding the value of a single movie ticket. 123movieson allows for a single valid transaction for a movie theater ticket. You acknowledge and agree that all funds on your 123movieson Card are the property of 123movieson. You do not have the right to stop payment on any transactions made with 123movieson. Your 123movieson Card is valid through the Valid Thru date printed on the 123movieson Card, except in states where prohibited by law. No reproduction will be accepted. 123movieson is non-refundable and non-transferable. IF YOUR 123MOVIESON CARD IS LOST OR STOLEN, PLEASE CONTACT 123MOVIESON CUSTOMER SUPPORT IMMEDIATELY. THERE WILL BE A $10 REPLACEMENT FEE CHARGED TO THE PAYMENT METHOD THAT YOU PROVIDED TO US.

2.15. 123movieson is not directly affiliated or associated with any theater chains. All references to theaters and showtimes do not imply direct or indirect affiliation. All listed theaters do not necessarily have the ability to accept 123movieson, and their listing on this site does not imply such. 123movieson makes all efforts to accurately list theaters and showtimes available to the general public, and listed theaters and showtimes may be subject to change.

2.16. You agree to respect and abide by the theater regulations set forth by the venue you have selected tickets for. 123movieson will not be held responsible for the theater’s actions if the venue agreements are violated. Lost, stolen, or damaged tickets will not be replaced. If you do not hold a valid ticket, you may be required to leave the premises. You should keep your ticket stub with you at all times in order to re-enter the relevant auditorium. 123movieson is not responsible if you are excluded from viewing the film under any condition. All film showings are subject to normal restrictions. You have no preferential right of access for any showings except for special events organized for 123movieson. You are not entitled to use 123movieson in conjunction with any other promotions offered by 123movieson unless stated otherwise. 123movieson is not responsible for theater programming, cancellations, or rescheduled performances.

2.17. 123MOVIESON SUBSCRIPTIONS ARE INTENDED FOR THE USE OF THE SUBSCRIBER ONLY AND ARE NOT TO BE SHARED WITH ANYONE ELSE. 123MOVIESON SUBSCRIBERS MAY ONLY USE THE 123MOVIESON APPLICATION ON ONE ACTIVE DEVICE (PHONE) AT A TIME. 123MOVIESON SUBSCRIBERS ARE ONLY PERMITTED TO SWITCH ACTIVE DEVICES ONCE PER MONTH.

2.18. You agree that 123movieson may, at its sole discretion and without prior notice, suspend your subscription or terminate your Account and 123movieson Card on a temporary or permanent basis, and block your access to the Site at their sole discretion if:

(i) You miss a payment. 123movieson will contact you by email and if payment is made within 10 days after we send our email, 123movieson will reactivate the account within 48 hours of payment. You will not be permitted to use the account until it has been reactivated. If you miss more than one payment, we reserve the right to permanently bar you from subscribing to or using the Service. The 123movieson system records the necessary information to turn over to collection agencies. When required, 123movieson reserves the right to use a collection agency to retrieve any outstanding balances. 123movieson reserves the right to seek appropriate punitive damages.

(ii) 123movieson suspects that you provided incorrect or false information to 123movieson when creating an Account or signing up for a subscription.

(iii) A breach of these Terms of Use by you.

(iv) You permit another person to use your 123movieson Card to purchase a movie ticket or you use another subscriber’s 123movieson Card other than your own to purchase a ticket. Your 123movieson Card is intended only for your own use and benefit as an approved account holder and your use thereof is subject to these Terms of Use.

(v) You attempt to purchase a ticket to a movie that is different from the movie you reserved in the 123movieson App, or you attempt to purchase a ticket in violation of Section 2.3 such as purchasing more than one ticket within any one calendar day.

(vi) You purchase tickets on Fandango, MovieTickets.com, or any other third-party source using your 123movieson Card.

(vii) You give (including as a gift), sell, or attempt to give or sell purchased 123movieson tickets to other patrons.

(viii) You purchase tickets for a purpose other than viewing a movie, such as to earn theater loyalty program points.

(ix) On more than one occasion during any thirty (30) day period you do not view the movie for which you purchased a ticket with your 123movieson Card in its entirety.

(x) 123movieson determines or suspects that you have opened or attempted to open multiple 123movieson accounts

(xi) If you use your 123movieson Card for any purpose other than to purchase a 2D movie ticket at a theater kiosk for the movie you check into, or we have reason to believe that you have done so.

(xii) Gift Subscriptions are pre-paid membership to the 123movieson service redeemable at www.123movieson.com/gifts. A person who receives and redeems a Gift Subscription to the 123movieson Service is referred to in this agreement as the “Recipient.” There are no refunds or other credits issued for Gift Subscriptions, redeemed or otherwise. 123movieson is not responsible if the Gift Subscription is lost, stolen or used without permission. Gift Subscriptions are not redeemable or refundable for cash, subject to applicable law, and cannot be resold or combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions purchased at www.123movieson.com/gifts are valid for redemption only at [www.123movieson.com/gifts]https://(www.123movieson.com/gifts). Gift Subscriptions and their use are subject to this agreement.

(xiii) You acknowledge and agree that we have the right to charge a fee of $25 (twenty-five U.S. dollars) (“Misuse Fee”) per occurrence for misuse of your 123movieson Card on the form of payment you provided to us for your 123movieson subscription. You further agree that the amount of this fee is a reasonable measurement of the probable loss to us for each misuse of your 123movieson Card. If you believe that you have been charged a Misuse Fee in error, you may contact customer service to dispute the charge within 60 days of incurring such charge.

2.19. The 123movieson Service is protected by the following United States Patents: 8,484,133; 8,612,325; and 9,135,578.

  1. Content

3.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to 123movieson, and may not be used without prior written consent from 123movieson.

3.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without 123movieson’s express prior written consent.

  1. Your Use of the Site

4.1. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. 123movieson reserves the right to bar any such activity.

4.2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 123movieson server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

4.3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of 123movieson, including any 123movieson account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

4.4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 123movieson’s systems or networks, or any systems or networks connected to the Site or to 123movieson. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

4.5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 123movieson on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

4.6. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 123movieson or others.

  1. Purchases; Other Terms and Conditions

5.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. 123movieson is not for resale or commercial use under any circumstances.

5.2. 123movieson’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

5.3. 123movieson may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without prior notice. 123movieson reserves the right to change the rules of movie-going attendance and ticket availability to members at any time. The materials on the Site with respect to products and services may be out of date, and 123movieson makes no commitment to update the materials on the Site with respect to such products and services.

  1. Accounts, Passwords and Security

6.1. Certain features or services offered on or through the Site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and card, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify 123movieson immediately of any unauthorized use of your account, password, card, or any other breach of security. You may be held liable for losses incurred by 123movieson or any other user of or visitor to the Site due to someone else using your 123movieson password, account, or card as a result of your failing to keep your account information secure and confidential.

6.2. You may not use anyone else’s 123movieson password, account, or 123movieson Card at any time. 123movieson cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  1. Privacy

123movieson’s Privacy Policy applies to use of our Site and Service, and its terms are made a part of these Terms of Use by this express reference. Additionally, by using the Site or Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  1. Links to Other Sites and to the 123movieson Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under 123movieson’s control, and 123movieson is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Our Terms of Use or Privacy Policy do not apply to such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites after you have reviewed such Linked Sites’ own Terms of Use and Privacy Policies.

  1. Disclaimers

9.1. 123movieson Does Not Promise That The Site Or Any Content, Service Or Feature Of The Site Or Service Will Be Error-Free Or Uninterrupted, Or That Your Use Of The Service Or Site Will Provide Specific Results. The Service, Site And Its Content Are Delivered On An “As-Is” And “As-Available” Basis. All Information Provided On The Site Is Subject To Change Without Notice. 123movieson Cannot Ensure That Any Files Or Other Data You Download From The Site Will Be Free Of Viruses Or Contamination Or Destructive Features. 123movieson Disclaims All Warranties, Express Or Implied, Including Any Warranties Of Accuracy, Non-Infringement, Merchantability And Fitness For A Particular Purpose. 123movieson Disclaims Any And All Liability For The Acts, Omissions And Conduct Of Any Third Parties In Connection With Or Related To Your Use Of The Service And Site. You Assume Total Responsibility For Your Use Of The Service, Site And Any Linked Sites. Your Sole Remedy Against 123movieson For Dissatisfaction With The Service, Site Or Any Content Is To Stop Using The Service, Site Or Any Such Content.

9.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

9.3. 123movieson reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  1. Limitation of Liability

In No Event Will We, Our Affiliates Or Their Licensors, Service Providers, Employees, Agents, Officers Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, Our Service, The Site, Any Websites Linked To It, Any Content On The Site Or Such Other Sites Or Any Services Or Items Obtained Through The Site Or Such Other Sites, Including Any Direct, Indirect, Special, Incidental, Consequential Or Punitive Damages, Including But Not Limited To, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Loss Of Data, And Whether Caused By Tort (Including Negligence), Breach Of Contract Or Otherwise, Even If Foreseeable. The Foregoing Does Not Affect Any Liability Which Cannot Be Excluded Or Limited Under Applicable Law.

To The Fullest Extent Permitted By Law, And Not Withstanding Any Other Provision Of These Terms Of Use, The Total Liability, In The Aggregate, Of 123movieson, Its Officers, Directors, Partners, Employees And Subcontractors, And Any Of Them, To You And Anyone Claiming By Or Through You, For Any And All Claims, Losses, Costs Or Damages, Including Attorneys’ Fees And Costs And Expert-Witness Fees And Costs Of Any Nature Whatsoever Or Claims Expenses Resulting From Or In Any Way Related To Your Use Of Our Service Or Site From Any Cause Or Causes Shall Not Exceed $500. It Is Intended That This Limitation Apply To Any And All Liability Or Cause Of Action However Alleged Or Arising, Unless Otherwise Prohibited By Law.**

  1. Indemnity

You agree to indemnify and hold 123movieson, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against 123movieson by any third party due to or arising out of or in connection with your use of the 123movieson Service or Site.

  1. Violation of These Terms of Use

12.1. 123movieson may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service or Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) 123movieson’s rights or property, or the rights or property of visitors to or users of the Service or Site, including 123movieson’s members. 123movieson reserves the right at all times to disclose any information that 123movieson deems necessary to comply with any applicable law, regulation, legal process or governmental request. 123movieson may also disclose your information when 123movieson determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

12.2. You acknowledge and agree that 123movieson may preserve any transmittal or communication by you with 123movieson through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or 123movieson determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of 123movieson, its employees, members of or visitors to the Site, and the public.

12.3. You agree that violation by you of these Terms of Use constitute your forfeiture of paid subscription dues, and that 123movieson possesses the right to collect payment for usage of the Service, in addition to an early termination or misuse fee. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair practice, and will cause irreparable harm to 123movieson, for which monetary damages would be inadequate. You consent to 123movieson seeking to obtain any injunctive or equitable relief that 123movieson deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 123movieson may have at law or in equity, or otherwise provided in the Terms of Use.

12.4. You agree that 123movieson may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

12.5. If 123movieson does take any legal action against you as a result of your violation of these Terms of Use, 123movieson will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action as permitted by law , in addition to any other relief granted to 123movieson. You agree that 123movieson will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

  1. Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. 123movieson reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

  1. Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and 123movieson with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and 123movieson with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with 123movieson, 123movieson will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. 123movieson’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by 123movieson of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between 123movieson and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

  1. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. 123movieson shall be free to use such information on an unrestricted basis.

  1. Applicable Law

All matters relating to the 123movieson Service, the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

  1. Arbitration And Small Claims Proceedings

PLEASE REVIEW – IMPORTANT – AFFECTS YOUR LEGAL RIGHTS

(i) EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.

(ii) IF A DISPUTE IS ARBITRATED, YOU AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US IN STATE OR FEDERAL COURT INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

(iii) DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.**

Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute, between you and us or our employees, agents, successors or assigns, which arises out of or relates to (a) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof; (b) your access to or use of our Site at any time, whether before or after the date you agreed to these Terms of Use ; or (c) any resulting transaction or relationship (including any such relationship with third parties who do not agree to these Terms of Use) SHALL, AT YOUR OR OUR ELECTION, BE RESOLVED BY NEUTRAL, BINDING ARBITRATION AND NOT BY A COURT ACTION. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Provision shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO BRING OR PARTICIPATE IN A CLASS ACTION WHETHER BROUGHT IN ARBITRATION OR IN ANY STATE COURT. 123movieson agrees to participate in arbitration in the state of your residence. You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.**

Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statute of limitations. The arbitration hearing shall be conducted at a location reasonably accessible to you and in accordance with the rules of the chosen arbitration organization. We will pay the filing, administration, service, case management, arbitrator, and hearing fees that we are required to pay as set forth in the Consumer Arbitration Rules for the American Arbitration Association or as set forth in the applicable rules of the chosen organization, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Provision, then the provisions of this Arbitration Provision shall control. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.

Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Provision shall survive any termination or transfer of these Terms of Use. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.

NOTWITHSTANDING THE ARBITRATION PROVISION IN THIS SECTION, YOU AND WE ALSO RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THAT COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT IN WHICH CASE THE ARBITRATION PROVISIONS HEREIN SHALL APPLY.

YOUR SUBSCRIPTION TO 123MOVIESON SPECIFICALLY CONSTITUTES CONSENT TO THE PROVISIONS OF SECTION 17.

  1. Jurisdiction for Dispute Proceedings

For purposes of seeking injunctive or equitable relief or in the event the Arbitration provision above is found unenforceable, any legal suit other than a suit in small claims court, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 19.

The information contained in these Terms of Use or the Site is subject to change without notice

 

 

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