SMGCINEMAS

This Agreement sets forth the terms of use for the website owned and operated by Studio Movie Grill and its subsidiaries and affiliates (collectively “SMG”) at http://www.studiomoviegrill.com and the mobile version of the website (collectively, the “Site”). By using this Site, you signify your assent to this Agreement. SMG reserves the right to change, modify, add, or remove portions of this Agreement at any time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, in SMG’s sole discretion, including via postings on the Site. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, revisions or modifications. You may print a copy of this Agreement using the print button or feature in your browser. We suggest retaining a copy for your future reference.

Access or use of the Site is void where prohibited by applicable law. The Site is not intended for children under the age of 13 years of age without parental consent and supervision. By accessing or using the Site, you represent that you are at least 13 years of age or that you have obtained parental consent. If you are under the age of 18, you may make purchases through the Site only with the involvement of your parent or guardian.

PRIVACY POLICY
Please review our Privacy Policy at https://www.studiomoviegrill.com/PrivacyPolicy.aspx. You understand and agree that by using the Site, we will collect personal information about you. You consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy. SMG’s Privacy Policy is a part of this Agreement and is incorporated herein by this reference.

OWNERSHIP OF MATERIALS
Except as otherwise indicated, this Site and its entire contents, including, but not limited to, the text, information, materials, software, applications, graphics, pictures, videos, music, sound and other content contained on this Site (collectively, the “Materials”), are owned by SMG or third parties who have authorized SMG to use such Materials. No Materials, tools, products or services included in or available from or through this Site or from or through any website owned, operated, licensed or controlled by SMG may be copied, reproduced, republished, modified, downloaded, uploaded, posted, transmitted, distributed or otherwise any way without the express written permission of SMG. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights. SMG makes no proprietary claim to any third party names, trademarks or service marks or materials appearing on the Site. Any third party names, trademarks, and service marks or materials are the properties of their respective owners. This Site is protected by the intellectual property laws of the United States of America and international treaties. Software from this site is further subject to United States export controls. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us for your personal use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Any rights not expressly granted in this Agreement or any applicable end user license agreements are reserved by SMG and/or its vendors and licensors. You may not use automated systems (e.g., robots, spiders, etc.) to access the Site.

LIMITED LICENSE TO USE MATERIALS
SMG grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Materials only for your personal, noncommercial use; however, you may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, the Materials.

LIMITED ACCESS AREAS OF THE SITE; REGISTRATION AND USER ACCOUNTS
Certain areas of the Site require registration, establishment of an account, and the use of a username and password to access. You may also be required to accept certain addition terms of service. In the event of a conflict between this Agreement and any terms provided with your registration, the registration terms will govern. By registering, you represent and warrant (a) that you are 18 years of age or over, and (b) the registration information you provide is current, complete, and accurate. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. SMG may accept or reject registration requests for the Site in SMG’s sole discretion and may revoke registration and accounts at any time, without cause or prior notice. You are responsible for maintaining the confidentiality of your username and password and all activities conducted using your username and password. You will notify SMG immediately of any unauthorized use of your username or password and that you will, for security reasons, make sure that you exit from any activities on the Site at the end of each of your uses of the Site.

USER PURCHASES
You agree that you are responsible for any and all purchases through the Site made by you and/or through your user account. You also agree that you are authorized to use the credit card or other payment method used to make purchases through the Site. In accordance with our ticket pricing and policy, ALL MOVIE TICKET SALES ARE FINAL AND PURCHASES ARE NON-REFUNDABLE. At the time of your purchase, SMG removes your selected seats for the chosen showtime from our inventory. While this allows us to provide our guests with the benefit of guaranteed seats, it also prevents SMG from reselling the tickets in the event you do not attend your chosen showtime.

PLEASE NOTE THAT TICKETS PURCHASED ARE ONLY VALID FOR THE FILM TITLE, LOCATION, DATE, SHOWTIME AND SEATS LISTED ON YOUR TICKET(S)/CONFIRMATION. WE URGE YOU TO CONFIRM YOUR DESIRED SELECTIONS BEFORE PURCHASING YOUR TICKETS. In the rare event that a show is cancelled or the theater is unable to honor your tickets, you will be entitled to a full refund or ticket exchange. All 3D movies have a 3D Experience Charge. This charge also applies to all coupons and passes being used. Gift cards purchased through the Site may be subject to additional terms and conditions.

YOUR LICENSE TO US; CONTENT
Certain areas of this Site may enable you to post content, submit emails, or otherwise provide feedback or other information to SMG. Any communications, content, video, or other material of any kind that you e-mail, post, upload, store, or transmit through the Site, including, questions, comments, suggestions, and other data and information (your “Communications”) will be treated as non-confidential and non-proprietary. You agree that you, and not SMG, are responsible for all Communications. Although you retain ownership of your Communications, you grant SMG a non-exclusive, perpetual, worldwide, irrevocable, royalty-free license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use and exploit your Communications on the Site or elsewhere for our business purposes in all media now known or later developed. You represent and warrant that you own or otherwise control all rights in and to any such Communications, and that public posting and use of your Communications by SMG will not infringe or violate the rights of any third party.We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.

ACCEPTABLE USE
In connection with your use of the Site, you agree not to:

• Upload, post, e-mail or otherwise transmit any content that:
  • is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another's privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
  • contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user's usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • any bulk or unsolicited or unauthorized commercial e-mail, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or create a false persona;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
• Harvest screen names for any purpose;
• Collect or store personal data about other users;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or

In our sole discretion and without notice, we may remove any content or other materials that violates or may violate the foregoing. We may also suspend or terminate your access to the Site.

INFRINGEMENT NOTICES
SMG has adopted the following policy for responding to allegations of copyright infringement that comply with applicable intellectual property laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”).If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform SMG’s Designated Copyright Agent by sending written notice to: [email protected].

or

Studio Movie Grill
8350 North Central Expressway, Suite 400
Dallas, Texas 75206
Attention: Webmaster


Pursuant to the DMCA, you must include the following information in your written notice for it to be effective:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. A detailed description of the material that is claimed to be infringing or to be the subject of infringing activity;
3. A description (such as the sub-domain link) of the location on the Site where the allegedly infringing content appears reasonably sufficient to permit SMG to locate the material;
4. Your contact information, including your name, address, telephone number, and, if available, email address;
5. A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
6. A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
7. A physical or electronic signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid. Please note that notice to the Designated Copyright Agent is only for reporting claims of copyright infringement on the Site. Contacts for reporting other matters are provided elsewhere on the Site.

In accordance with the DMCA, we will review your request and take appropriate action, as we determine in our sole discretion. Appropriate action may include, but will not be limited to, editing or removing the allegedly infringing material, notifying the alleged infringer of your request, and the termination of the accounts of users who infringe upon the intellectual property rights of others.

LINKS TO THIRD PARTY SITES
The Site contains links to third party sites. These links are provided for convenience purposes and are not under the control of SMG. SMG does not make any representations or warranties, express or implied, regarding the content of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by SMG with respect to any third party, any third party’s web site, the content of any third party’s website, or any products or services sold or provided by a third party.

Your navigation to and participation in promotions, your purchase of, payment for and delivery of goods or services, if any, and any terms and conditions, warranties, or representations related to such promotions or your purchase of goods and services ("Dealings") with third parties found on or accessible through the Site are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Site are provided solely for your convenience and should not be construed as an endorsement by SMG of the materials, goods or services provided, or made available, by the third parties. Any Dealings with third parties are at your own risk. SMG does not assume any responsibility or liability with respect to any Dealings you may have with third parties.

RSS FEEDS
By downloading an SMG RSS Feed (“SMG Feed”) from SMG you agree to be bound by the additional terms in this RSS FEEDS section. These terms are in addition to all other terms set forth in this Agreement. Please review this Agreement each time you download an SMG Feed. Subject to the terms of this Agreement, SMG grants you a non-exclusive, non-transferable, non-sublicensable, as-is license to display on your website (“Your Site”) the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from SMG via the SMG Feed (“SMG Content”). This license does not extend to any other Materials. All title, ownership rights and intellectual property rights in and to the SMG Feed and SMG Content shall remain the property of SMG. Nothing in this Agreement grants you any right to use the SMG trademark or logos on Your Site or elsewhere.

You shall ensure that SMG is given credit for all SMG Content appearing in Your Site (for example, “From Studio Movie Grill”). Furthermore, you shall not directly or indirectly charge users for accessing SMG Content nor shall you re-sell or attempt to re-sell the SMG Content in any manner. Where possible you must create a functional link back to the SMG pages summarized by the SMG Content. You shall not directly or indirectly change, edit, add to or produce summaries of the SMG Content or any content on the Site nor place any full-story SMG content in an HTML frame-set. You shall not directly or indirectly suggest any endorsement or approval by the SMG of Your Site or any non-SMG entity, product or content or any views expressed within Your Site or service. You acknowledge and agree that all SMG Content is under the sole and exclusive control of SMG. All inquiries received by you which relate to SMG or the SMG Content should promptly be referred to SMG at [email protected]. You warrant to SMG that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws, rules and regulations in your use of the Site, Materials, SMG Content, SMG Feed, and Your Site; (ii) Your Site shall contain no material which is libelous, defamatory, pornographic, obscene, vulgar, deceptive, fraudulent, threatening, harassing, profane, tortious, invasive of privacy or which brings SMG into disrepute, or which is in breach of any third party intellectual property rights; and (iii) users of Your Site shall be required to comply with terms that are equivalent to this Agreement in relation to their use of SMG Content and contain a complete disclaimer of liability and warranties of your licensors and to hyperlinked content. You hereby agree to indemnify, hold harmless and defend SMG and its licensors, suppliers, and agents in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of this Agreement or use of the Site, Materials, SMG Feed, SMG Content, or Your Site.

If you breach any provision of this Agreement, your authorization to use this Site, Materials, SMG Feed, and SMG Content will automatically terminate and you must immediately destroy any downloaded or printed materials and content. SMG RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR WITHOUT NOTICE.

ACCURACY AND INTEGRITY OF INFORMATION
Although SMG attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SMG so that it can be corrected. Information contained on the Site may be changed or updated without notice.

INDEMNITY
You agree to defend, indemnify and hold harmless SMG, its affiliates, and their respective employees, contractors, agents, officers, directors, successors and assigns from and against any and all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your use of the Site, any Communications you submit, post, transmit or make available through the Site, your violation of this Agreement, or your violation of any third party rights.

TERMINATION
SMG reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement. Upon termination, you must stop using the Site. Rights and obligations under this Agreement which by their nature should survive will survive and remain in effect after any termination or expiration of the Agreement.

DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, RSS FEEDS, RSS CONTENT, AND ALL OTHER CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, AND FUNCTIONS ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMG DOES NOT WARRANT THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIALS, SMG FEED, OR SMG CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SMG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE FOREGOING.

LIMITATION OF LIABILITY
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT IN NO EVENT SHALL SMG OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, RSS FEEDS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOSS OF BUSINESS OR LOST SALES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LISTED LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL SMG BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. YOU ACKNOWLEDGE THAT NO FEES ARE PAID TO SMG FOR THE USE OF THE SERVICE. THUS, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED $5.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OTHER COUNTRIES
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. SMG makes no claims that the content of this Site is appropriate outside of the United States. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.

GENERAL TERMS
You agree to comply with all laws, rules and regulations applicable to your use of the Site. You may not assign this Agreement or any rights granted in this Agreement without SMG’s prior written authorization. This Agreement, together with SMG’s Privacy Policy and any other policy posted on or available through the Site, constitutes the entire agreement between you and SMG and governs your use of the Site, and supersedes any prior agreements between you and SMG in relation to the Site. You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, SMG shall be entitled to immediate equitable relief, including injunctive relief, without posting of bond. You agree that if SMG does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which SMG has the benefit of, such failure will not be taken to be a formal waiver of SMG’s rights and that those rights or remedies will still be available to SMG. If any court having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms herein. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of laws provisions of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site shall be resolved in the state or federal courts situated in Dallas County, Texas. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

ELECTRONIC COMMUNICATIONS
When you use the Site or send email to us, you are communicating with us electronically. Your use of the Site or your communication with us via email will be deemed your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

QUESTIONS
If you have any questions about this Agreement, you can contact us as follows: [email protected]

or

Studio Movie Grill
Attention: Webmaster
8350 N. Central Expressway, Suite 400
Dallas, Texas 75206
This Agreement was last updated on October 28, 2014.