Terms & Conditions of Use

AMC Entertainment Holdings, Inc. and its affiliates (collectively, “AMC”, “we”, “us” or “our”) have adopted the following terms and conditions of use (the “General Terms”) in order for each visitor (“you”) to enjoy a visit to www.amctheatres.com or the mobile version thereof (the “Site”), and our mobile application (the Site and the mobile application collectively referred to as the “Service”), and to ensure you know what to expect from your visit to or use of the Service.

AMC Stubs A-List Terms and Conditions: https://www.amctheatres.com/amcstubs/alist/terms-and-conditions

 

Table of Contents

Our Agreement; Acceptance of Terms

THESE GENERAL TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE GENERAL TERMS. YOUR ACCESS TO AND USE OF THE SERVICE ARE SUBJECT TO THESE GENERAL TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICE IF YOU VIOLATE THESE GENERAL TERMS. BY CLICKING ON LINKS WITHIN THE SERVICE OR WEBPAGES BEYOND THE SERVICE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON OR DOWNLOADING A MOBILE APPLICATION, YOU AGREE TO THESE GENERAL TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH AMC AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION THROUGH THE SERVICE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, THE SERVICE, OR ANY INFORMATION CONTAINED THROUGH THE SERVICE.

In addition to these General Terms, your use of certain services may be governed by additional agreements (e.g., AMC Stubs™ program or sweepstakes rules) (“Additional Terms”). Where Additional Terms apply to a particular aspect of the Service, you will be able to access and read the applicable Additional Terms within or through your use of that aspect of the Service. If there is a conflict between the General Terms and the Additional Terms, the Additional Terms will control.

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MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER

These General Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Service will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

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Modification of Terms

We reserve the right, at our sole discretion, to modify these General Terms at any time. We can change, update, add, or remove provisions of these General Terms at any time by posting the updated General Terms on the Service. We will make commercially reasonable efforts to notify you of any material changes to these General Terms, however, we are not obligated to. You waive any right you may have to receive specific notice of such changes to these General Terms except for changes to our agreement to arbitration, which is discussed more fully below. We will indicate the date of the last revision of the General Terms at the bottom of the General Terms. Your continued use of the Service after any modification constitutes your acceptance of the then-current General Terms. You are responsible for regularly reviewing these General Terms.

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Eligibility

Access or use of the Service is void where prohibited by applicable law. This Service is not intended for persons under the age of 13. By accessing or using the Service, you represent that you are at least 13 years of age.

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Privacy Policy

Besides these General Terms, we also publish a Privacy Policy. Although it is not part of these General Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

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Electronic Communications

When you use the Service or send emails to us, you are communicating with us electronically. By using the Service, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information, receipts for purchases and other information concerning or related to the Service. These electronic communications are part of your relationship with us, you agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

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Content and Intellectual Property Rights

Unless otherwise specified in these General Terms, all information, designs, text, graphics, pictures, video, applications, software, music, sound and other content (collectively, “AMC Content”), together with the user interface, and the selection and arrangement of the Service, are the proprietary property of AMC and our subsidiaries and affiliates. We provide content through the Service that is protected by United States copyright or contains protectable trademarks of AMC or our third-party licensors and suppliers.

Subject to these General Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download AMC Content for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Service for your personal 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 AMC Content. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Service or any AMC Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Service or AMC Content in any manner or for any purpose that would constitute infringement of our, our licensors’ or the Service’s other user’s intellectual property rights. All rights not expressly granted herein are reserved. Any unauthorized use of AMC Content or violation of this provision is a material breach of these General Terms and may be a violation of applicable law. If you breach any of these General Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed AMC Content.

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Mobile Services

The Service includes our mobile application, and certain functionality available via your mobile device, such the ability to browse the Site from your mobile device (e.g., view show times, theatre information, and movie information such as one-sheet posters, synopses, cast/crew listings and trailers) (collectively, the "Mobile Services"). At this time, we do not charge for the Mobile Services. However, your carrier's normal Internet access, messaging, data and other rates and fees will still apply. Please note that we will receive certain information about your use of the Mobile Services through our communications with your mobile device, and will handle such information in accordance with our privacy policy.

You may opt-in to push notifications through the account settings section of your mobile application and opt-in to SMS messaging by sending AMC to 272727. You will then be asked to confirm your opt-in to the program by responding with Y.

You may stop the delivery of Push Notification or other email messages from AMC by managing your notification preferences in the account settings section of your mobile application or your online account with an AMC website.

AMC will implement your request within a reasonable time. Please note that your request to opt out of receiving marketing communications will only apply to future communications and transactions with AMC and its service providers. Even if you choose to opt out of receiving marketing communications from AMC, AMC will still send you transactional or administrative communications.

If you have subscribed to AMC's SMS text alerts by sending AMC to 272727 via SMS text, you will receive SMS text alerts from AMC; message quantities may vary. Depending on the terms of your contract with your mobile telecommunications service provider, message and data rates may apply. By confirming with Y to receive these text messages you understand that these text messages will be sent using an automated dialing system. Your consent of receiving these text messages is not required for purchasing any goods or services from AMC Theatres.

If at any time you want to stop receiving SMS text alerts from AMC, please send STOP to 272727 via SMS text, manage your communication preferences in the account settings section of your mobile application or online account with an AMC website, or call AMC's customer service department at 1-888-562-4262, or you may send AMC your request in writing to the following address:

AMC Entertainment Holdings, Inc.
Attn: Privacy Manager
11500 Ash
Leawood, KS 66211

Your mobile phone number will be removed or suppressed from AMC's SMS text messaging database within 30 days. You will not receive any further SMS text messages from AMC unless you solicit the communication.

For help with AMC SMS text alerts, please send HELP to 272727 via SMS text, or contact AMC's customer service department at www.amctheatres.com/contact.

The following carriers are currently supported: Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati Bell, Cricket, nTelos, Nextel, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile, Interop, and Metro PCS. T-Mobile is not liable for delayed or undelivered messages.

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Registration; User Accounts

To access the Service or other functionality available through the Service, you may be asked to create an account with us. It is a condition of your use of the Service that all the information you provide through the Service is correct, current, and complete, and that you have the authority to provide such information to us. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Service, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these General Terms.

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Your Conduct

Any of your conduct that restricts or inhibits any other visitor from using or enjoying the Service, as determined by us in our sole discretion, will not be permitted. You agree to use the Service only for lawful purposes.

You further agree to not use the Service in any way that:

  • Changes or alters the Service;
  • Impairs in any way the integrity or operation of the Service;
  • Interferes with or induces a breach of the contractual relationships between us and our employees;
  • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  • Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
  • Transmits any harmful or disabling computer codes or viruses;
  • Interferes with our network services;
  • Suggests an express or implied affiliation or relationship with us without our express written permission;
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • Dilutes or depreciates our or any of our affiliates’ name and reputation;
  • Transmits or uploads content or images that infringe upon or misappropriates any third party’s intellectual property rights or right to privacy; or
  • Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

AMC has no obligation, but maintains the right, to monitor the Service. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Service with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Service or to any other user of this Service. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Service or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Service, to protect AMC and/or our Service users, or for any other purpose that the law permits.

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User Purchases

You agree that all purchases made by you through the Service are subject to the terms applicable to those purchases, such as the purchase of movie tickets, concessions, merchandise, refunds, and the purchase of an AMC Stubs™ membership, which is subject to the AMC Stubs™ terms and conditions located at www.amctheatres.com/amcstubs/terms-and-conditions. Tickets may not be resold for an amount above face value.

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User Content

The Service may contain message boards, chat rooms, personal webpages or profiles, forums, bulletin boards, blogs, and other interactive services that allow users to post, submit, publish, display, or transmit to other users or persons content or materials (“User Content”) on or through the Service.

Although AMC does not claim ownership of User Content, by posting any User Content to a public area of the Service, you automatically grant AMC a worldwide, non-exclusive, perpetual and irrevocable, freely transferable and sub-licensable (through multiple tiers), royalty free right and license to use, copy, create derivative works from, distribute, publicly perform, and publicly display your User Content, in whole or in part, via the Service or otherwise, for any purpose. You also represent that you have the right and authority to grant such a license.

You understand and acknowledge that you are responsible for any User Content you submit, contribute, and you, not AMC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Service.

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Content Standards

These content standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these General Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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Monitoring the Service

AMC has the right, but not the obligation, to monitor the User Content posted on the Service to determine compliance with these General Terms and any other operating guidelines or policies established by us. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content submitted to or posted in the public areas of the Service. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS AMC AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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Third-Party Websites and Interactions

The Service may link to other websites that are not websites controlled or operated by us. Certain areas of the Service may allow you to interact and/or conduct transaction with third parties. 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 Service are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Service are provided solely for your convenience and should not be construed as an endorsement by AMC of the materials, goods or services provided, or made available, by the third parties. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

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App Stores

You acknowledge and agree that the availability of the any mobile application may be dependent on the third party from which you received the mobile application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these General Terms are between you and AMC and not with the App Store and that AMC is responsible for the provision of services as described in these General Terms. However, if you downloaded a mobile application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these General Terms. Upon your acceptance of these General Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these General Terms against you as a third-party beneficiary thereof. These General Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these General Terms, these General Terms will control.

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USE OF SERVICE IS AT YOUR OWN RISK

Your use of the Service is at your own risk. The AMC Content has not been verified or authenticated in whole or in part by us, and may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the AMC Content contained on the Service. We have no liability for any errors or omissions in the AMC Content, whether provided by us, our licensors, or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SERVICE, THE INFORMATION AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH ACCESS AND USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE AT THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.

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DISCLAIMER OF IMPLIED WARRANTIES

TO THE FULLEST EXTENT ALLOWED BY LAW, AMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

AMC DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. AMC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. ACCORDINGLY, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT FROM THE SERVICE. AMC IS NOT RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT FROM THE USE OF THE SERVICE.

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LIMITS ON LIABILITY

WE CANNOT GUARANTEE THE SERVICE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SERVICE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SERVICE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

IN NO EVENT WILL WE, OUR LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOST DATA, COST OF PROCUREMENT OF STUBSTITUTE GOODS OR SERVICES OR THE LIKE), WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE BASIS OF THE CLAIM, AND EVEN WHEN WE OR ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF AMC AND OUR AFFILIATES, EMPLOYEES, AGENTS, REPRSENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE AND THE AMC CONTENT, WHETHER BASED ON STATUTORY, WARRANTY, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED FIVE DOLLARS ($5.00).

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Indemnity

You release, and will defend, indemnify and hold us and our officers, directors, employees, agents, successors and assigns, harmless from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys' and expert witnesses' fees and costs) incurred by us or any other indemnified party due to such a claim or cause of action arising out of (a) any breach of these General Terms by you, (b) your visit of the Service, your download, installation and use of any mobile application, and your use of and conduct on the Service, (c) the use by any other person using the Service through your account, or (d) the User Content you post or otherwise make available on the Service. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.

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Notification of Copyright Infringement Claims

AMC respects the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, please submit your request for review of the alleged infringement as follows:

[email protected]
or
AMC Theatres
Attn.: Copyright Agent
11500 Ash
Leawood, KS 66211

Please provide the following information in your request: (a) a description of your copyrighted work that you claim has been infringed; (b) a description of the material on the Service that you claim is infringing upon your work, with enough detail so that we may locate it on the Service; (c) your statement that you have a good faith belief that the use you have identified is not authorized by the copyright owner, its agent, or the law; (d) your statement, under penalty of perjury, that (1) the information in your notice is accurate and complete, and (2) that you are the owner of the copyrighted work involved or that you are authorized to act on behalf of the owner of the copyrighted work; (e) your address, telephone number, and email address; and (f) your physical or electronic signature.

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Injunctive Relief

You acknowledge that we may be irreparably damaged if these General Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these General Terms by you, we shall be entitled, without prejudice to any other all rights and remedies that may be sought under the MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER section, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these General Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Kansas. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

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MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and otherwise set forth herein, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Service, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Service involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (1) making written demand for arbitration upon the other party; (2) initiating arbitration against the other party; or (3) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. For all other transactions, the applicable rules will be the AAA’s Commercial Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these General Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these General Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the General Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these General Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining General Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Service and any other actions with us.

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Applicable Law

These General Terms shall be governed by and construed in accordance with the laws of the State of Kansas, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these General Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Kansas, except where the jurisdiction and venue are mandated by applicable assignment.

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General

Severability. If any provision of these General Terms is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt will be made to give effect to the parties' intentions as reflected in that provision to the extent permitted by applicable law, and such finding will not affect the balance of these General Terms, which will remain valid and enforceable.

Assignment. We may freely assign our obligations and rights under these General Terms.

No Waiver. No failure, omission or delay on the part of AMC in exercising any right under these General Terms will preclude any other further exercise of that right or other right under these General Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these General Terms.

Typographical Errors. Information on the Service may contain technical inaccuracies or typographical errors. We attempt to make the Service’s postings as accurate as possible, but we do not warrant the content of the Service is accurate, complete, reliable, current, or error-free.

Translations. Where we have provided a translation of these General Terms into a language other than English, then you agree that the translation is provided only for your convenience, and that the English language version of these General Terms will govern your relationship with us. If there is any conflict between the English language version of these General Terms and the translation of these General Terms, then the English language version will control.

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Questions

If you have any questions or comments about these General Terms or the Service, please contact us by visiting www.amctheatres.com/contact. You also may write to us at:

AMC Entertainment Holdings, Inc.
Attn: Privacy Manager
11500 Ash
Leawood, KS 66211

Copyright © 2022 AMC Entertainment Holdings, Inc. All rights reserved.

Date of Last Revision: December 1, 2022.

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