Terms and Conditions, RJ Cinema
Terms and Conditions
These Terms and Conditions govern use of the Fifty West Brewing Company, LLC DBA RJ Cinema (herein after RJ Cinema) website, the RJ Cinema mobile website, the RJ Cinema Loyalty Program, and the RJ Cinema Newsletter. The RJ Cinema website and mobile website (hereinafter the “Site”) is an online store where you can participate in the RJ Cinema Loyalty Program, the RJ Cinema Newsletter and purchase movie tickets, gift cards, discounts, provided by, or through, Fifty West Brewing Company, LLC DBA RJ Cinema. (“RJ Cinema,” “us,” “our,” “we”) subject to your compliance with the Terms and Conditions set forth below.
The RJ Cinema Loyalty program is operated by RJ Cinema. When you open an account on the RJ Cinema website you are automatically enrolled in the RJ Cinema Loyalty Program as a member (“Member”). 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.
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 RJ CINEMA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Please read the following information carefully before using the Site, RJ Cinema Loyalty Program, or the RJ Cinema Newsletter. 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. RJ Cinema reserves the right, in its sole discretion, to modify, alter, or otherwise update this agreement at any time. By using RJ Cinema Loyalty Program, the RJ Cinema Loyalty Program webpage at RJCinema.com or the RJ Cinema Loyalty Program in the RJ Cinema mobile website (together, “RJ Cinema Loyalty Program”), after any changes to these Terms and RJ Cinema Loyalty Program 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 RJ Cinema to terminate your Account.
2. Participation in RJ Cinema Loyalty Program
2.1 Participation: Enrollment, membership, and all related benefits of RJ Cinema Loyalty Program are offered at our discretion.
RJ Cinema reserves the right to unilaterally modify, suspend, or discontinue all or any portion of the RJ Cinema Loyalty 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 RJ Cinema. 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 RJ Cinema Loyalty Program Account is through the site. There is no fee to enroll in RJ Cinema Loyalty Program. Enrollment is limited to one Account per Member per email address.
2.3 Earning Points: Points are earned through making purchases on the Site and on location at RJ Cinema. At times, points may be earned via interactions with the Site or RJ Cinema social media accounts. 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 on location at RJ Cinema.
Points that you accrue as a result of your transactions with the Site and on location at RJ Cinema 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 on location at RJ Cinema 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.
If you believe that any Account summary showing the number of points in your Account is in error, you must contact us through RJ Cinema.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 info@RJCinema.com to request points be added back for accidental redemption. However, we do not guarantee that points will be added back as requested.
Points may be earned for restaurant and alcoholic beverage purchases on location at RJ Cinema. However, RJ Cinema Loyalty Program 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 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 RJ Cinema Loyalty Program, 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 RJ Cinema Loyalty Program 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 Bank” 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 RJ Cinema site. On the RJ Cinema Loyalty Program page in the RJ Cinema site, available Rewards will appear in the “Rewards Bank.” 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.
Members may at times have access to enter sweepstakes being conducted by RJ Cinema. Any such sweepstakes will be conducted separate and apart from the RJ Cinema Loyalty 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, RJ Cinema 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 RJ Cinema Loyalty Program;
(ii) Change, discontinue or limit access to RJ Cinema Loyalty Program or any functionality, feature or other component of RJ Cinema Loyalty Program; or
(iii) Suspend or terminate your use of or access to RJ Cinema Loyalty Program 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 RJ Cinema info@RJCinema.com. Upon closure, any rights to redeem points from that Account are lost.
2.7 Termination, Changes, and Breach: We may change any aspect of RJ Cinema Loyalty Program, 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 RJ Cinema 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:
• no points are recorded in your Account for twenty-four (24) months;
• you commit fraud;
• you misrepresent any information;
• you violate any Terms and Conditions;
• you abuse your RJ Cinema Loyalty Program privileges; or
• you act in any other way to the detriment of us, our participating RJ Cinema locations, or RJ Cinema Loyalty Program,
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.
3. Use of the Site, RJ Cinema Loyalty Program, and the RJ Cinema Newsletter
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE, IN THE RJ CINEMA LOYALTY PROGRAM, AND IN THE RJ CINEMA NEWSLETTER ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. RJ CINEMA DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE, THE RJ CINEMA LOYALTY PROGRAM, OR THE RJ CINEMA NEWSLETTER 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. RJ CINEMA 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, THE RJ CINEMA LOYALTY PROGRAM, OR THE RJ CINEMA NEWSLETTER. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE, IN RJ CINEMA LOYALTY PROGRAM AND RJ CINEMA NEWSLETTER IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, RJ CINEMA 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 RJ CINEMA LOYALTY PROGRAM POINTS MAY BE REDEEMED UNTIL THEY HAVE BEEN CREDITED TO THE MEMBER'S RJ CINEMA LOYALTY PROGRAM ACCOUNT. POINTS 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 RJ CINEMA. 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 RJ Cinema locations, the Site, and third-party websites accessed by a link in the RJ Cinema Loyalty Program page.
RJ CINEMA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, RJ CINEMA LOYALTY PROGRAM, OR RJ CINEMA NEWSLETTER.
3.2 No Warranty: THE SITE, RJ CINEMA LOYALTY PROGRAM, AND RJ CINEMA NEWSLETTER, 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, RJ CINEMA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, RJ CINEMA LOYALTY PROGRAM, RJ CINEMA NEWSLETTER OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. RJ CINEMA ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, RJ CINEMA LOYALTY PROGRAM, OR RJ CINEMA NEWSLETTER INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. RJ CINEMA SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE, RJ CINEMA LOYALTY PROGRAM, OR RJ CINEMA NEWSLETTER ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF RJ CINEMA.
3.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL RJ CINEMA 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) RJ CINEMA LOYALTY PROGRAM OR YOUR PARTICIPATION IN RJ CINEMA LOYALTY PROGRAM; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING RJ CINEMA LOYALTY PROGRAM 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 RJ CINEMA LOYALTY PROGRAM MADE AT THE RJ CINEMA LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF THE RJ CINEMA LOCATION; OR (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE, THE RJ CINEMA NEWSLETTER 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 RJ Cinema 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. RJ Cinema 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 RJ Cinema in the defense of any claim. You shall not in any event settle any claim without the written consent of RJ Cinema.
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, RJ Cinema Loyalty Program, RJ Cinema Newsletter or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to RJ Cinema (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, RJ Cinema Loyalty Program, RJ Cinema Newsletter or any of the software applications used by you in connection with your use of the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter;
(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, RJ Cinema Loyalty Program, OR RJ Cinema Newsletter;
(iv) Disable any licensing or control features of the Site;
(v) Introduce into the Site, into RJ Cinema Loyalty Program, or RJ Cinema Newsletter any virus or other code or routine intended to disrupt the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter, alter or delete its Content, access confidential Content on the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter, retrieve or record information about the Site or its users, or interfere with the operation of the Site RJ Cinema Loyalty Program, or RJ Cinema Newsletter, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter with another program or create derivative works based on the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter;
(vii) Post any material in any form whatsoever on the Site, within RJ Cinema Loyalty Program, or within RJ Cinema Newsletter 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, RJ Cinema Loyalty Program, or RJ Cinema Newsletter 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, RJ Cinema Loyalty Program, or RJ Cinema Newsletter, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site, within the RJ Cinema Loyalty Program, or in RJ Cinema Newsletter; or
(ix) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter. Except as expressly provided herein, RJ Cinema reserves all rights with respect to the Site, RJ Cinema Loyalty Program, and RJ Cinema Newsletter 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, with the RJ Cinema Loyalty Program, and with the RJ Cinema Newsletter and acknowledge that the Site, RJ Cinema Loyalty Program, and RJ Cinema Newsletter and all rights therein and goodwill pertaining thereto belong exclusively to RJ Cinema. You further agree that it is critical that such goodwill be protected and enhanced, toward this end, you shall not during the term of your membership in RJ Cinema Loyalty Program or thereafter:
(i) Attack the title or any rights of RJ Cinema in or to the copyrights, trademark, and other intellectual property on the Site, in the RJ Cinema Loyalty Program, or in the RJ Cinema Newsletter;
(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, in the RJ Cinema Loyalty Program, or in the RJ Cinema Newsletter;
(iii) Claim (adversely to RJ Cinema or anyone claiming rights through RJ Cinema) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site, in the RJ Cinema Loyalty Program, or in the RJ Cinema Newsletter;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site, in the RJ Cinema Loyalty Program, or in the RJ Cinema Newsletter or bring the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of RJ Cinema’s trademarks or any mark which is, in RJ Cinema’s reasonable opinion, the same as or confusingly similar to any of RJ Cinema’s trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in RJ Cinema’s reasonable opinion, the same as, confusingly similar to or incorporates any of the RJ Cinema’s trademarks.
3.6 Copyright; Trademarks: RJ Cinema, 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, in the RJ Cinema Loyalty Program, and in the RJ Cinema Newsletter. 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, the RJ Cinema Loyalty Program, or the RJ Cinema Newsletter without the prior written consent of RJ Cinema. Systematic retrieval of content from the Site, the RJ Cinema Loyalty Program, or the RJ Cinema Newsletter 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, the RJ Cinema Loyalty Program, or RJ Cinema Newsletter without written permission from RJ Cinema is strictly prohibited.
Nothing on the Site, the RJ Cinema Loyalty Program, or the RJ Cinema Newsletter 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 on the RJ Cinema Loyalty Program, or in the RJ Cinema Newsletter. Unless otherwise specified, the Site, the RJ Cinema Loyalty Program, and RJ Cinema Newsletter are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site, the RJ Cinema Loyalty Program, and RJ Cinema Newsletter for your personal use only. Copying or downloading material from the Site, the RJ Cinema Loyalty Program or the RJ Cinema Newsletter does not transfer title to any material on the Site, the RJ Cinema Loyalty Program, or the RJ Cinema Newsletter to you. If you copy or download any information or software from the Site, the RJ Cinema Loyalty Program, or RJ Cinema Newsletter, 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 s or sites on the World Wide Web without the written permission of RJ Cinema 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 RJ Cinema’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 RJ Cinema 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, the RJ Cinema Loyalty Program, or RJ Cinema Newsletter by you.
RJ Cinema reserves all rights to copyright and trademark ownership of its material at the RJ Cinema Loyalty Program and will enforce such rights to the full extent of the law.
3.7 Social Media Features: The Site, including the RJ Cinema Loyalty Program and Newsletter, may provide certain social media features that enable you to:
• Link certain content on the Site to certain third-party websites.
• Send emails or other communications with certain content, or links to certain content, on the Site.
• Cause limited portions of content on the site to be displayed or appear to be displayed on your own or certain third-party websites.
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, RJ Cinema Loyalty Program, and RJ Cinema Newsletter only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither RJ Cinema 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 RJ Cinema as provided in the CONTACT 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 RJ CINEMA 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, the RJ Cinema Loyalty Program, or the RJ Cinema Newsletter that would damage, interfere with or unreasonably overload the Site, the RJ Cinema Loyalty Program and/or the RJ Cinema Newsletter.
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 an Ohio consumer, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under Ohio 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 Ohio. In any event, RJ Cinema reserves all rights, defenses and permissible limitations under the law of your State of residence.
3.11 Shipping of RJ Cinema Loyalty Program Rewards and Site Purchases: RJ Cinema (or its vendor) will only ship to addresses located in the United States. We do not ship to P.O. Boxes.
3.12 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to RJ Cinema via Visa, MasterCard, Discover, and American Express, etc. 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 RJ Cinema.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 at RJ Cinema.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 RJ Cinema Loyalty Program: RJ Cinema 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. RJ Cinema requires that RJ Cinema Loyalty Program and Members be at least eighteen (18) years of age or older to sign up for RJ Cinema Loyalty Program. RJ Cinema 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 RJ Cinema Loyalty Program points is acceptable for viewing by users who might not be adults.
3.15 Controlled from the United States: The Site, the RJ Cinema Loyalty Program, and the RJ Cinema Newsletter are controlled from offices within the United States. RJ Cinema makes no representation that content or materials in the Site, the RJ Cinema Loyalty Program, or the RJ Cinema Newsletter are appropriate or available for use in other jurisdictions. Access to the Site, RJ Cinema Loyalty Program, RJ Cinema Newsletter, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site, RJ Cinema Loyalty Program, or RJ Cinema Newsletter from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF OHIO WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE AND RJ CINEMA LOYALTY PROGRAM, 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 CINCINNATI, OHIO 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. Any dispute concerning the parties’ duties under this Agreement or these Terms and Conditions shall be directed to binding arbitration administered by the American Arbitration Association pursuant to its Consumer Arbitration Rules. The arbitration shall be held in Hamilton County, Ohio, before a single arbitrator. The decision of the arbitrator shall be final and binding. Judgment upon any award by AAA may be entered in any Court having jurisdiction. The parties shall share equally in the fees and expenses of AAA and the arbitrator. Otherwise, each party shall pay its own expenses including by not limited to attorney’s fees.3.18. Arbitration. Any dispute concerning the parties’ duties under this Agreement or these Terms and Conditions shall be directed to binding arbitration administered by the American Arbitration Association pursuant to its Consumer Arbitration Rules. The arbitration shall be held in Hamilton County, Ohio, before a single arbitrator. The decision of the arbitrator shall be final and binding. Judgment upon any award by AAA may be entered in any Court having jurisdiction. The parties shall share equally in the fees and expenses of AAA and the arbitrator. Otherwise, each party shall pay its own expenses including by not limited to attorney’s fees.