Showcase Subscribe Terms and Conditions of Use

  1. Our Agreement; Acceptance of Terms
  2. Modification of Terms
  3. Description of Service
  4. Payment and Cancellation
  5. Privacy Policy
  6. Using the Site or App 
  7. Content
  8. User Content
  9. Member’s Conduct
  10. Third-Party Sites and Services
  11. Disclaimers
  12. Limitation of Liability
  13. Indemnity
  14. Violation of These Terms of Use
  15. Miscellaneous
  16. Feedback and Information
  17. General

Showcase Subscribe Terms and Conditions of Use

Showcase Subscribe is a monthly membership program that offers two (2) paid membership tiers: 2D and Premier, both of which are available for individuals and groups. There is an initial, non-cancellable three-month (90-day) commitment to the Showcase Subscribe program (the “Initial Commitment”). Any cancellation notice given during the Initial Commitment will not take effect until the end of the third month of the commitment. After the Initial Commitment period, members may cancel online by visiting their profile on the Showcase Subscribe website (the “Site”) at least forty-eight hours (48) prior to the next billing date. Members who cancel their Showcase Subscribe plan cannot re-join until six (6) months after their membership expiration date. The amount of the membership fee may change upon notice to you.

Our Agreement; Acceptance of Terms

Welcome to Showcase Subscribe (“Subscribe”)! As described in more detail, below, Subscribe is a membership program that provides, in addition to other benefits, access to eligible films in Showcase Cinemas’ U.S. locations for a monthly fee (“Membership”). Subscribe is brought to you by National Amusements, Inc., its subsidiaries and affiliates, which collectively operate under the Showcase Cinemas brand (“Showcase Cinemas,” “we” or “us”).

Your participation in Subscribe at any times subjects the user (“you,” “your,” “yours,” “Member”) to the provisions of these Terms and Conditions (“Service Terms”). The Subscribe Membership is further subject to Subscribe’s Privacy Policy, Showcase Cinemas’ Website Terms and Conditions of Use (“General Terms”) and Showcase Cinemas’ Privacy Policy, which are all incorporated herein by reference. Here are links to all applicable terms and policies for your reference:

• Service Terms: https://www.showcasesubscribe.com/terms
• Subscribe’s Privacy Policy: https://www.showcasesubscribe.com/privacy-policy
• General Terms: www.showcasecinemas.com/terms-use
• Showcase Cinemas’ Privacy Policy: https://www.showcasecinemas.com/about-us/privacy-policy

Modification of Terms

Showcase Cinemas may change the Subscribe pricing, rules, regulations, benefits, and/or subscription plan tiers in whole or in part, at any time with or without notice, even though changes may affect some or all of the benefits of Subscribe. Any changed Service Terms will apply to your Membership as of the effective date stated on the changed terms. Please read the General Terms and these Service Terms carefully and check online from time to time to review the current versions of each, as they are legally binding and govern the relationship between you and us with respect to the Subscribe Membership.

In the event of any conflict between the General Terms and these Service Terms with respect to a Subscribe Membership, the Service Terms will control.

Description of Service

Subscribe Membership is open to residents of the U.S. who are 18 years of age or older. Subscribe is only available to Showcase Cinemas’ theatres in the United States; however, it is not available at Showcase SuperLux - Chestnut Hill theatre, located at 55 Boylston Street, Chestnut Hill, MA 02467.

A valid Subscribe 2D Membership enables you to reserve a movie ticket(s) exclusively on the Subscribe mobile app (the “App”) within the limits of the plan purchased. Membership fees range from $16.95 to $105.95 per month depending on plan preferences and the total number of guests for the selected group plan.

A Subscribe 2D subscription entitles Members to see three (3) 2D movies per thirty (30) calendar days. Individual membership options are valid for one (1) person. A group membership option is also available, which provides tickets for 2-6 people in accordance with the selected plan.

A valid Subscribe Premier subscription also entitles Members to see three (3) movies per thirty (30) calendar days individually or in a group with up to six (6) guests, in accordance with the selected plan. However, the Subscribe Premier subscription includes not only 2D format, but also 3D, IMAX and XPLUS. Tickets to Showcase MX4D, Lux-Level, and special events, including, but not limited to, fan events, private screenings, movie marathon/double features, Event Cinema, such as Metropolitan Opera, and other show times and events that are priced above standard ticket price admissions are not eligible and are excluded from Subscribe.

Movie access for Subscribe Members is available every day of the week with no blackout dates, subject to a theatre’s business hours, availability and practices. Group plan leaders can bring as many guests as their Subscribe Membership allows. Each movie a Member attends will count as one (1) of the three (3) movies allotted for a thirty (30) day period, regardless of how many guests the group leader brings with him or her in accordance with his or her plan.

After successfully purchasing a subscription plan, Membership starts instantly with a digital membership stored exclusively in the App. No physical card is issued for Subscribe.

A Membership is valid as long as the Member has an active subscription plan. Subscribe is non-refundable and non-transferable. Subscribe Members have the option to make adjustments to their subscription plans (e.g. changing from a 2D Plan to a Premier Plan or adjusting a group subscription to an individual subscription). Any changes to a Member’s plan, including pricing and movie format access, will be valid for the subsequent membership period.

All Members must reserve advance tickets for their three (3) movies during each thirty (30) day membership period through the App (in accordance with the ticket limits for a specific subscription plan). Showcase Cinemas waives any convenience fee or processing fee associated with an advance ticket reservation made with an active Subscribe membership.

Members may also reserve their seats in advance through the App prior to the film’s start time provided reserved seating is available at the theatre where they reserved tickets. Not all theatres offer reserved seating.

All Members, including leaders of group plans, must check in to the theatre through the App. Subscribe Members have a one and a half (1.5) hour window of time to check in upon arriving at the theatre where their tickets have been reserved (one (1) hour prior and up to thirty (30) minutes after the film’s start time).

In order to check-in, Members must visit the main screen in the App and select the “check-in” button, which will appear at the bottom of the screen on the day of the showing. Once a Member checks-in, s/he is not able to cancel the ticket reservation. If a Member reserves an advance ticket and fails to check-in, it will count as one (1) of the three (3) movies allotted for the thirty (30) day period.

Members cannot use the same mobile device to manage different Subscribe Memberships. If the same mobile device is used for different Subscribe Memberships, Showcase Cinemas reserves the rights to suspend and/or cancel a Member’s subscription plan.

Individuals cannot purchase more than one Subscribe Membership. In the event Showcase Cinemas detects that the same individual is purchasing more than one Membership using different credentials or social media accounts, it reserves the right to suspend and/or cancel the Member’s plan.

Payment and Cancellation

To make a payment, Members must provide the cardholder's name, the card number, expiration date and the card security code. If a Member wishes to change his or her payment method, s/he must add a new payment method on the App at least forty-eight (48) hours prior to the conclusion of the billing cycle. Transactions will occur on the cardholder's bank or card statement as a payment to "SHOWCASE MONTHLY PLAN."

If a Member misses a payment, Showcase Cinemas will contact the Member by email and request that adjustments be made to the payment information. If payment is made on request, Showcase Cinemas will reactivate the account within forty-eight (48) hours of payment. That Member will not be permitted to use the account until it has been reactivated. Members will have until the end of the billing cycle to reactivate their Subscribe Membership with a working form of payment. If a payment is still not received after several attempts and/or by the end of the billing cycle, the Subscribe Membership will be cancelled.

After the Initial Commitment, Subscribe Members will be charged on a month-to-month basis unless and until the Member cancels or Subscribe terminates a Membership. Members must cancel their Membership at least forty-eight (48) hours before it renews each month in order to avoid billing of the next month's Membership fees to their payment method. If a Member does not cancel his or her Membership at least forty-eight (48) hours prior to the billing date, their card will be charged and termination will occur at the end of the next billing cycle. Subscribe Members have the option to extend their Membership and will be required to pay for the determined number of months at the time of the extension. Subscription fees may be increased by Showcase Cinemas to reflect changes in standard ticket prices, inflation, Showcase Cinemas’ costs, and additional taxes and costs not imposed by Showcase Cinemas. Changes will take place at the end of the period for which fees have been paid and will be introduced in the next billing cycle.

Showcase Cinemas may make changes to any subscription plan or services offered on the Site and/or the App, or to the applicable prices for any such plan or services, at any time, without prior notice. Showcase Cinemas will not make any changes to your plan mid-cycle. All changes will be in affect at the start of your next billing cycle.

Members agree to respect and abide by the theatre regulations set forth by the location for which they have selected tickets. If you do not possess a valid ticket, you may be required to leave the premises. All film showings are subject to normal restrictions. Members have no preferential right of access for any showings except for special events organized specifically for Subscribe Members. You are not entitled to use Subscribe in conjunction with any other promotions offered by Showcase Cinemas unless stated otherwise.

Showcase Cinemas may suspend, temporarily deactivate, or terminate your Subscribe account at any time for any reason, including, but not limited to, missed payment(s), suspected fraud in any manner or the provision of false information, violation of these Service Terms, improperly sharing a Subscribe Membership with someone else and/or attempting to resell tickets reserved through Subscribe.

Showcase Cinemas is not responsible for the use or redemption from a Subscribe account that has been lost, stolen, or otherwise used without a Member’s permission.

From time to time, Members may be eligible for sweepstakes, contests, Members-only screenings, discounted concessions and/or other promotions. Participation in such events shall be subject to the particular terms, conditions and rules published at the time of such event and any applicable state laws.

Subscribe Members who have an active and registered Starpass card can link their Starpass card number in the App to accrue points from their monthly subscription plan payments. The Starpass program is a loyalty program of its own entity and must be registered for separately. The Starpass Terms and Conditions apply and are located at www.showcasecinemas.com/programs/starpass/terms-and-conditions.

Privacy Policy

Please review Subscribe’s Privacy Policy located at https://www.showcasesubscribe.com/privacy-policy. You understand and agree that by enrolling in Subscribe’s Membership program, we will collect personal information about you. You consent to our collection, use and disclosure of your personal information in accordance with Subscribe’s Privacy Policy.

Using the Site or App

Members may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Showcase Cinemas reserves the right to bar any such activity.

Members may not attempt to gain unauthorized access to any portion or feature of the Site or App, or any other systems or networks connected to the Site or App or to any Subscribe server, or to any of the services offered on or through the Site or App, by hacking, password “mining” or any other illegitimate means.

Members may not probe, scan or test the vulnerability of the Site or App or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Members may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or App, or any other customer of Subscribe, including any Subscribe account not owned by a Member, to its source, or exploit the Site or App or any service or information made available or offered by or through the Site or App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than a Member’s own information, as provided for by the Site and App.

A Member agrees that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Subscribe’s systems or networks, or any systems or networks connected to the Site or App. The Member agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or App or any transaction being conducted on the Site or App, or with any other person’s use of the Site or App.

Members may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal one sends to Subscribe on or through the Site or App or any service offered on or through the Site or App. Members may not pretend that they are, or that they represent, someone else, or impersonate any other individual or entity.

Members may not use the Site, App or any content therein for any purpose that is unlawful or prohibited by these Service Terms, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Showcase Cinemas or others.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “Content”), including, but not limited to, the design, structure, selection, coordination, expression and arrangement of such Content, contained on the site, is owned, controlled or licensed by or to Showcase Cinemas, and may not be used without prior written consent from Showcase Cinemas.

Except as expressly provided in these Service Terms, no part of the Site or App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Showcase Cinemas’ prior written consent.

User Content

Use of the Site or App may allow you to post comments, recommendations and other statements through external social networks and similar third party Web sites, such as Facebook, Twitter, YouTube, and Google Plus (all such statements collectively referred to as "User Content"). The opinions expressed as a part of User Content are the views of the user posting the message and do not reflect Showcase Cinemas’ opinions. Showcase Cinemas does not necessarily endorse, support, sanction, encourage, verify or agree with the User Content posted through these sites. Showcase Cinemas is not responsible for the materials posted by users.

Members represent that User Content does not misappropriate or infringe upon a third party's intellectual property rights (including, but not limited to, copyright, trademark, trade secret or other proprietary rights), violate the privacy or publicity rights of a third party, or contain defamatory or otherwise unlawful material. Members further represent that their User Content is not confidential.

Member’s Conduct

Showcase Cinemas will not permit any Member conduct that restricts or inhibits any other visitor from using or enjoying the Site or App, as determined by us in our sole discretion. You agree to use the Service only for lawful purposes. You are prohibited from transmitting through the Site or App any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Third-Party Sites and Services

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 accessible through the Site or App are solely between you and the third party. Advertisements and other information provided by third parties made available through the Service are provided solely for a Member’s convenience and should not be construed as an endorsement by Showcase Cinemas of the materials, goods or services provided, or made available, by the third parties. Any Dealings with third parties are at Members’ own risk. Showcase Cinemas does not assume any responsibility or liability with respect to any Dealings a Member may have with third parties.

At times, Showcase Subscribe may make certain personal information available to strategic third party technology service provider that work with Subscribe to provide products and services, or that help Subscribe market to customers. For example, when a Member purchases a Subscribe account, the Member authorizes Showcase Cinemas and its third party technology service provider to exchange the information supplied during the signup process to carry out service. When a Member registers for Subscribe, the account will be governed by Showcase Cinemas and its third party technology service provider’s respective privacy policies.



Disclaimers

SHOWCASE CINEMAS DOES NOT PROMISE THAT THE SUBSCRIBE SITE OR APP OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE AND APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE AND APP WILL PROVIDE SPECIFIC RESULTS. THE SITE AND APP AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE AND APP IS SUBJECT TO CHANGE WITHOUT NOTICE. SHOWCASE CINEMAS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SHOWCASE CINEMAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOWCASE CINEMAS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO A MEMBER’S USE OF THE SITE, APP AND/OR ANY SERVICES. THE MEMBER ASSUMES TOTAL RESPONSIBILITY FOR HIS OR HER USE OF THE SITE, APP AND ANY LINKED SITES THEREIN. A MEMBER’S SOLE REMEDY AGAINST SHOWCASE CINEMAS FOR DISSATISFACTION WITH THE SUBSCRIBE SITE, APP OR ANY CONTENT THEREIN IS TO STOP USING THE SITE, APP OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Showcase Cinemas reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site or App, or any portion of the Site or App, for any reason; (2) to modify or change the Site and App or any portion of the Site and App, and any applicable policies or Service Terms; and (3) to interrupt the operation of the Site and App, or any portion of the Site and App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Showcase Cinemas be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if it has been advised of the possibility of such damages.

Indemnity

A Member releases, 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 Service Terms by the Member, (b) a visit of the Site or App, a download, installation and use of any Mobile Service, and the Member’s use of and conduct at the Service or (c) the use by any other person using the Service through said Member’s account. A Member further agrees 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.

Violation of These Terms of Use

Showcase Cinemas may disclose any information we have about a Member (including the Member’s identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding a Member’s use of the Site or App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Showcase Cinemas’ rights or property, or the rights or property of visitors to or users of the Site and App, including Subscribe’s Members. Showcase Cinemas reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Showcase Cinemas may also disclose a Member’s information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

As a Member, you acknowledge and agree that Showcase Cinemas may preserve any transmittal or communication by you with Showcase Cinemas through the Site and App or any service offered on or through the Site and App, and may also disclose such data if required to do so by law or if it determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Service Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Showcase Cinemas, its employees, members of or visitors to the Site and App, and the public.

As a Member, you agree that Showcase Cinemas may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site and App and/or block your future access to the Site and App if we determine that you have violated these Service Terms or other agreements or guidelines, which may be associated with your use of the Site. You agree that violation by you of these Service Terms constitute your forfeiture of paid subscription dues, and that Showcase Cinemas possesses the right to collect payment for usage of the service. You also agree that any violation by you of these Service Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Showcase Cinemas, for which monetary damages would be inadequate, and you consent to Showcase Cinemas obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Showcase Cinemas may have at law or in equity.

You agree that Showcase Cinemas may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, with or without cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Showcase Cinemas does take any legal action against you as a result of your violation of these Service Terms, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Showcase Cinemas. You agree that Showcase Cinemas will not be liable to you or to any third party for termination of your access to the Site or App as a result of any violation of these Service Terms.

Miscellaneous

If any of the provisions of these Service Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Service Terms, so that these Service Terms shall remain in full force and effect. These Service Terms constitute the entire agreement between you and Showcase Cinemas with regard to your use of the Site and the App, and any and all other written or oral agreements or understandings previously existing between you and Showcase Cinemas with respect to such use are hereby superseded and cancelled. Showcase Cinemas will not accept any counter-offers to these Service Terms, and all such offers are hereby categorically rejected. Showcase Cinemas’ failure to insist on or enforce strict performance of these Service Terms shall not be construed as a waiver by Showcase Cinemas of any provision or any right it has to enforce these Service Terms, nor shall any course of conduct between Showcase Cinemas and you or any other party be deemed to modify any provision of these Service Terms. These Service Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide on the App shall be deemed to be confidential.

General

These Service Terms, together with Showcase Cinemas’ Privacy Policy and any other policy posted at the Site or App or available through the Service, are the entire agreement between Showcase Cinemas and you relating to Subscribe and supersede any prior representations, discussions, undertakings, communications or advertising relating to the Service Terms, Subscribe or your access and use of Subscribe. If any provision of the Service 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 the Service Terms, which will remain valid and enforceable. You may not assign your rights or delegate your duties under the Service Terms. Each of our affiliates and each third party technology service provider is a third party beneficiary of, and will have the right to enforce, the Service Terms against you.


Copyright © 2018 National Amusements, Inc. All rights reserved.

Date of Last Revision: October 31, 2018