FANDANGO TERMS OF USE

Last Revised: May 23, 2008

  1. 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 Movies.com Web site and any other Web site operated or owned by Fandango (each a "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, Movies.com or any affiliate (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.

  2. 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.

  3. 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.

  4. 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.

  5. Purchases

    You agree that all purchases made by you on the Service 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/fbs/FBTerms.aspx.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.