-
Acceptance of Terms
Welcome to Fandango. By signing up for or using the various Fandango services and
products, including without limitation the Fandango Web site (the "Site"), online
mobile service, and telephone service, and/or purchasing movie or other event tickets,
Fandango Bucks, or other products or services offered by Fandango (collectively,
the "Service") you ("you" or "your") agree that you have read, understand and agree
to be legally bound by the terms and conditions set forth or referenced below ("Terms
of Use"). If you do not agree to these Terms of Use, do not use or access the Service.
Fandango reserves the right to change these Terms of Use from time to time and at
its sole discretion. Your continued use of the Service following the posting of
any changes to the Terms of Use constitutes your acceptance of such changes. You
can review the most current version of these Terms of Use at any time at
http://www.fandango.com/termsofuse.aspx.
-
Permitted Use
The Service is for your personal and non-commercial use. Unless otherwise agreed
to in writing by Fandango, you agree that you will not use the Service or duplicate,
download, publish, modify or otherwise distribute or use any material included in
the Service for any purpose, except to review the information included in the Service,
to subscribe to programs included in the Service, and to purchase movie or other
event tickets, Fandango Bucks, or other products offered by Fandango for your personal
use. You also agree that you will not link to any page on the Service other than
Fandango's home page (for example, "deep linking"), without Fandango's prior written
consent. Use of the Service or the materials or content contained in the Service
for any purpose not set forth in these Terms of Use is prohibited.
-
Registration, Accounts and Passwords
You agree to (1) provide true, accurate, current and complete data about yourself
on the Fandango registration form ("Registration Data") and (2) promptly update
the Registration Data to keep it true, accurate, current and complete. If you fail
to do any of these things, Fandango will have the right to suspend or terminate
your use of the Service and/or terminate your account. You will receive a password
and account upon completing the registration form. You are solely responsible for
maintaining the confidentiality of your password and account, and you are solely
responsible for all use of your password or account, whether authorized by you or
not. You agree to (a) immediately notify Fandango of any unauthorized use of your
password or account or any other breach of security and (b) ensure that you exit
from your account each time you use the Service. Access and use of password protected
and/or secure areas of the Service is restricted to users who have been given a
valid password by Fandango. Unauthorized individuals attempting to access these
areas of the Service may be subject to prosecution.
-
Privacy Policy
Your use of the Service is governed by the Fandango Privacy Policy located at http://www.fandango.com/PrivacyPolicy.aspx
, which is incorporated by this reference. You agree to Fandango's collection, use
and sharing of your information as set forth in the Fandango Privacy Policy.
-
Purchases
You agree that all purchases made by you on the Service (including purchases made
via telephone, for example, from 1-800-FANDANGO) cannot be exchanged and are non-refundable.
All purchases are subject to Fandango's service fees and charges, which are also
non-refundable. You will be responsible for paying all applicable taxes in connection
with your purchase of any tickets. You may not be able to use tickets purchased
on the Service if you do not follow our Purchase Policy, located at http://www.fandango.com/PurchasePolicy.aspx.
Purchase of Fandango Bucks, Fandango's online currency program, is also subject
to Fandango Bucks Terms and Conditions at
http://www.fandango.com/FBTerms.aspx.
-
User Conduct
You agree that you will not use the Service to upload, post, or otherwise distribute
or facilitate distribution of any material that (1) is libelous, defamatory or slanderous;
(2) is sexually suggestive or contains explicit sexual content (including nudity);
(3) does or may denigrate or offend any individual or group on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability; (4) does or may
threaten, abuse, harass, or invade the privacy of any third party; (5) infringes
the rights of any third party, including, without limitation, patent, trademark,
trade secret, copyright, right of publicity, or other proprietary rights; (6) condones,
promotes, contains or links to warez, cracks, hacks or similar utilities or programs;
(7) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also
known as "spam"), chain letters, any other form of unauthorized solicitation, or
any form of lottery or gambling; (8) contains a software virus or any other computer
code that is designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment, or to damage or obtain
unauthorized access to any data or other information of any third party; (9) impersonates
any person or entity, including any employee or representative of Fandango; or (10)
violates any applicable law or these Terms of Use. You agree that you will not collect
information about third parties via the Service or use any such information for
the purpose of transmitting or facilitating transmission of unauthorized or unsolicited
advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized
solicitation. You agree that you will not engage in the systematic retrieval of
data or other content from the Service to create or compile, directly or indirectly,
a collection, compilation, database or directory, without Fandango's prior written
consent. You agree not to take any actions for the purpose of manipulating or distorting,
or that may undermine the integrity and accuracy of, any ratings or reviews of any
movie or other entertainment program, service or product that may be presented by
the Service.
-
Grant of Limited License
If you post any content to the Service, you hereby grant Fandango and its affiliates
and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, publicly display, publicly perform, modify, sublicense,
and distribute such content, and incorporate it in other works, in whole or in part,
in any manner and any media now known or hereafter developed. You represent and
warrant that you own such content or otherwise have sufficient rights in the content
to grant to Fandango the license set forth in this section without infringing or
violating the rights of any third party.
-
Copyrights
Fandango respects the intellectual property of others, and we ask our users to do
the same. If notified of allegedly infringing, defamatory, damaging, illegal, or
offensive content, Fandango may, in its sole discretion, investigate the allegation
and/or edit, remove or request the removal of such content. Notwithstanding the
foregoing, Fandango does not ensure that any such content will be edited or removed.
Fandango may terminate the accounts of users who infringe the intellectual property
rights of others.
Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such
third party materials infringe your intellectual property rights, please contact
the following agent to request a review of the alleged infringement: Fandango, Inc.,
Attn: General Counsel, 12200 W. Olympic Boulevard, Suite 150, Los Angeles, CA 90064.
-
Proprietary Rights
Fandango owns all right, title and interest in and to the Service and all materials
and content contained in the Service, including, without limitation, all content,
site design, logos, button icons, images, digital downloads, data compilations,
text, and graphics are protected by copyright, trademark and other intellectual
property laws. Any unauthorized use of the materials provided as part of the Service
is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print
hard copy portions of the Site or other Service solely for personal use. Any other
use of materials on the Site or other Service, including reproduction for purposes
other than those noted above, modification, distribution, or republication, any
form of data extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of Fandango is strictly
prohibited. You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our Web pages or the content contained therein
without prior written permission of an authorized officer of Fandango.
Fandango® and Fandango Bucks® are proprietary service marks of Fandango, Inc. Fandango's
service marks/trademarks may not be used in connection with any product or service
that is not provided or authorized by Fandango, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
Fandango.
-
DISCLAIMER OF WARRANTIES
FANDANGO PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANDANGO,
ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
FANDANGO DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE
FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS;
OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR
USE OF THE SERVICE IS SOLELY AT YOUR RISK.
-
EXCLUSION OF DAMAGES
FANDANGO, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY
DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF FANDANGO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING,
FANDANGO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE
TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED
TO THE SERVICE BY YOU OR ANY THIRD PARTY.
-
LIMITATION ON LIABILITY
IN NO EVENT WILL FANDANGO'S LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE
TERMS OF USE EXCEED THE AMOUNT PAID BY YOU TO FANDANGO IN THE SIX MONTHS IMMEDIATELY
PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
-
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, FANDANGO'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION
10 MAY NOT APPLY TO YOU.
-
THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY FANDANGO.
ACCORDINGLY, FANDANGO MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY
WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR
RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK.
THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY
AN ENDORSEMENT BY FANDANGO.
-
Indemnification
You will indemnify and hold harmless Fandango and its representatives, agents, affiliates,
directors, officers, employees, managers and shareholders (the "Indemnified Parties"),
and at Fandango's option defend the Indemnified Parties, from and against any damage,
loss, cost or expense (including without limitation, legal fees and costs) incurred
in connection with any third-party claim, demand, proceeding or action ("Claim")
brought against any of the Indemnified Parties arising out of your use of the Service
or any alleged breach by you of any provision of these Terms of Use. If you are
obligated to indemnify Fandango, Fandango may, in its sole and absolute discretion,
control the defense and disposition (including its possible settlement) of any Claim
at your sole cost and expense. Without limitation of the foregoing, you will not
settle, compromise or in any other manner dispose of any Claim without the written
consent of Fandango.
-
Termination
In its sole and absolute discretion, with or without notice to you, Fandango may
(1) suspend or terminate your use of the Service, or (2) terminate your account.
You may terminate your account for any reason by emailing Fandango at unsubscribe@fandango.com.
Fandango shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension of the Service.
-
General
These Terms of Use and the relationship between you and Fandango shall be governed
by the laws of the United States and the State of California without regard to its
conflict of law provisions. Any action or proceeding arising from, relating to or
in connection with these Terms of Use will be brought exclusively in the federal
or state courts located in Los Angeles, California, and you irrevocably consent
to the personal jurisdiction of such courts and agree that it is a convenient forum
and that you will not seek to transfer such action or proceeding to any other forum
or jurisdiction, under the doctrine of forum non conveniens
or otherwise. No failure or delay by Fandango in exercising any right, power or
privilege under these Terms of Use will operate as a waiver thereof, nor will any
single or partial exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other right, power, or privilege
under these Terms of Use. The invalidity or unenforceability of any provision of
these Terms of Use will not affect the validity or enforceability of any other provision,
all of which will remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of,
related to or connected with the use of the Service or these Terms of Use must be
filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in these Terms of Use are for convenience only and have
no legal or contractual effect. These Terms of Use represent the entire understanding
of the parties regarding its subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding its subject matter.
These terms and conditions are binding upon and shall ensure to the benefit of both
parties and their respective successors, heirs, executor, administrators, personal
representatives and permitted assigns. You shall not assign your rights or obligations
hereunder without Fandango's prior written consent.