Terms of Use

1. Application and Scope of These Terms

These Terms of Use ("Terms") apply to the websites, mobile apps, and other features or services brought to you by CB Theater Experience, the owner and operator of the IPIC brand, that post or link to these Terms (each, a "Service" and collectively, the "Services"). The Services include the IPIC website, IPIC mobile application, IPIC theater services, restaurant services associated with participating IPIC locations, online ticketing, gift card services, membership services, and related customer-facing digital and in-location services.

You agree to these Terms by accessing or using any Service. When using particular services or features of the Services, both these Terms and other terms and conditions, guidelines, policies, licenses, or similar governing documents may apply to your use of that feature or service ("Additional Terms"). For example, the IPIC ACCESS Membership Rewards Program Terms and Conditions govern participation in the IPIC ACCESS Membership Rewards Program, and the IPIC Terms of Sale and Gift Card Terms govern movie tickets, gift cards, bonus cards, vouchers, passes, rewards tickets, merchandise purchases, and related transactions.

To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

2. Ownership of Materials

You acknowledge and agree that the copyrights and other intellectual property rights in the Services and in all information and materials on the Services, including past, present, and future versions of any aspect of the Services (collectively, the "Materials"), are owned by CB Theater Experience, its suppliers, licensors, or other authorized rights holders unless expressly indicated otherwise.

The Materials are protected by copyright, trademark, and other laws, rules, regulations, and treaties. The Materials include, without limitation, graphics, designs, photographs, artwork, images, audio, video, text, data, the layout and look and feel of the Services, trademarks and logos, games and promotions, domain names, source and object code, applications, technology, and related copyrightable or proprietary materials.

Except as expressly set forth in these Terms or expressly granted to you in writing by an authorized representative of CB Theater Experience, no rights in the Materials are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Services. Unauthorized use, copying, reproduction, storage, modification, republishing, uploading, downloading, posting, transmission, distribution, duplication, removal or alteration of advertising, or any other misuse of any Materials is strictly prohibited.

When you access or view the Materials, you must keep intact all copyright and other proprietary notices, make no modifications to the Materials, and not allow or assist any third party to copy or adapt any object code associated with the Services or reverse engineer, modify, or attempt to discover any source code associated with the Services.

You also agree that you will not, except as may result from standard search engine or Internet browser usage, frame, mask, extract data or materials from, copy, or distribute the Materials, including by use of any robot, scraper, or other data-mining technology or process. Unauthorized use of Materials may violate federal and state laws and may result in civil and criminal liability.

3. Modification of These Terms and the Services

CB Theater Experience may modify the Services, including any feature, functionality, or Materials, and may discontinue offering the Services or any feature at any time in its sole discretion, subject to applicable law.

CB Theater Experience reserves the right to change or add to these Terms. We will notify you of material changes by posting the changed or modified Terms on the Services and may also provide notice to you through contact information you have provided or by other reasonable means. Your use of the Services after the Updated Terms are posted or otherwise provided constitutes your agreement and consent to the Updated Terms.

You acknowledge and agree that the Services are currently undergoing an operational and technological transition. The Company shall not be liable for any temporary interruptions, platform downtime, processing delays, or technical errors resulting directly or indirectly from this migration and transition process.

4. Social Features

The Services may offer features that enable interactions between the Services and a third-party service (each, a "Social Application"), such as enabling you to like an item or share content to other services. By using such features, you acknowledge and agree that your information and content may be shared with third parties, that personally identifying information may be publicly disclosed or associated with you, and that your use of a Social Application is at your own option and risk.

You will hold CB Theater Experience and its parents, subsidiaries, affiliated companies, officers, directors, employees, agents, suppliers, vendors, licensors, licensees, and representatives (each, a "Company Party" and collectively, the "Company Parties") harmless for the sharing of information relating to your activity on the Services through Social Applications.

5. Third-Party Links and Content

There may be links from the Services, or communications you receive from the Services, to third-party sites or properties, and the Services may include third-party content that we do not control, maintain, or endorse. We do not control those third-party sites or any content contained on them and are not responsible or liable for those sites, content, policies, failures, promotions, products, services, actions, or any damages, losses, failures, or problems caused by or related to those third parties.

Your correspondence and business dealings with others found on or through the Services, including payment and delivery of products and services and any terms, conditions, warranties, and representations associated with such dealings, are solely between you and the third party. We encourage you to review the policies, rules, terms, and privacy policies of each third-party site you visit.

6. Membership and Registration

Certain areas of the Services may require registration or may ask you to provide information to participate in features or access Materials or User Content. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to access certain features or Materials. When you provide information to the Services, you agree to provide only true, accurate, current, and complete information and to update it as necessary.

If you register for an account or otherwise participate in the IPIC ACCESS Membership Rewards Program, you agree to the IPIC ACCESS Membership Rewards Program Terms and Conditions.

7. Sweepstakes, Contests, and Promotions

Any sweepstakes, contest, or promotion accessible through the Services may be governed by its own official rules, which may include eligibility requirements, age restrictions, geographic restrictions, and other terms. By entering or participating in any promotion, you accept and become subject to those official rules.

8. Linking Policy

CB Theater Experience grants you revocable permission to link to the Services, provided that any link to the Services does not present false information about, disparage, damage, dilute, or tarnish the goodwill associated with IPIC, CB Theater Experience, the Services, or any related intellectual property; does not create the false appearance that your website or organization is sponsored, endorsed, affiliated, or associated with IPIC or CB Theater Experience; does not frame, mirror, or create a browser or border environment around the Services; does not use IPIC trademarks without prior written permission; and does not contain unlawful, abusive, indecent, obscene, violent, racist, libelous, defamatory, scandalous, inflammatory, or otherwise objectionable content.

CB Theater Experience reserves the right, in its sole discretion, to prohibit or terminate any link to the Services for any reason.

9. Jurisdictional Issues

The Services are controlled and operated by CB Theater Experience from the United States. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject CB Theater Experience to any registration requirement in that jurisdiction. We make no representation that the information, products, or services contained on the Services are appropriate for use or access outside the United States.

Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content. We reserve the right to limit the availability of the Services or any portion of the Services to any person, geographic area, or jurisdiction at any time in our sole discretion.

10. Access Restrictions and Your Representations

You agree that in using the Services you will not use parts of the Services reserved for registered members unless you are registered and logged into your account, interfere with use of the Services by others, allow unauthorized access to the Services, attempt to disrupt the Services or the servers hosting them, or use the Services in any illegal manner or in contravention of these Terms.

By accessing the Services, you represent and warrant that you are at least the age of majority in your jurisdiction of residence or that your parent or legal guardian has agreed to these Terms on your behalf; that all information you provide to CB Theater Experience is accurate and complete; and that you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.

You are responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use the Services and for complying with all laws and regulations applicable to your use of the Services.

11. No Warranties

To the fullest extent permitted by applicable law, the Services and all Materials are provided "as is," "with all faults," and without warranties of any kind, express or implied, including implied warranties of title, non-infringement, merchantability, custom, trade, quiet enjoyment, system integration, freedom from computer virus, and fitness for a particular purpose.

We do not warrant the functionality or content of the Services; the accuracy or completeness of any Materials; that access to the Services will be uninterrupted or error-free; that the Services or servers are free from viruses; that any links will provide useful information; or that tickets to any particular cinema, movie, or showing will be available for sale to you.

You assume responsibility and risk for your use of the Services and your reliance on them. No opinion, advice, or statement of any Company Party, whether made on the Services or otherwise, will create any warranty not expressly stated in these Terms.

12. Limitation of Liabilities

To the fullest extent permitted by applicable law, no Company Party is responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or economic damages under any contract, negligence, strict liability, or other theory arising out of or relating to the Services, your use of or inability to use the Services, any investigation relating to your use of the Services, any action taken in connection with copyright or other intellectual property owners, errors or omissions in technical operation, or any event beyond our reasonable control.

Your sole remedy for dissatisfaction with any portion of the Services is to stop using the Services. The sole and exclusive maximum aggregate liability of the Company Parties for all damages, losses, and causes of action, whether in contract, tort, negligence, or otherwise, will be the greater of ten dollars ($10) or the total amount paid by you, if any, to access the Services. This limitation is not intended to limit the Company Parties obligations to pay prevailing party costs or fees if recoverable under applicable law and does not limit or exclude liability for personal injury or property damage caused by gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct where such limitation is prohibited by law.

You agree that, if you incur any damages, losses, or injuries arising out of a Company Party act or omission, such damages are not irreparable or sufficient to entitle you to injunctive or other equitable relief restraining the operation, development, or exploitation of the Services or any other Company property, product, service, or materials, except to the extent such limitation is prohibited by applicable law.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold the Company Parties harmless from and against all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs, attorneys fees, and other expenses that directly or indirectly arise from or are connected to your breach or anticipatory breach of these Terms; your use of the Services or activities in connection with the Services; your violation of any law, rule, regulation, code, statute, ordinance, or order; information or material transmitted by you that infringes or violates another person rights; any misrepresentation made by you; or the Company Parties use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and CB Theater Experience.

You will cooperate as fully required by the Company Parties in the defense of any claim. CB Theater Experience reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any claim without prior written consent of an authorized representative of CB Theater Experience.

14. Termination

CB Theater Experience reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms or your ability to access or use the Services, and to block or prevent future access to and use of the Services, for any reason, including your breach of these Terms or conduct that CB Theater Experience considers inappropriate.

CB Theater Experience may modify or discontinue, temporarily or permanently, the Services or any feature or component of the Services with or without notice. You agree that no Company Party will be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Upon termination of your access to the Services, or upon demand by CB Theater Experience, you must destroy all Materials in your possession or control. Provisions of these Terms and any Additional Terms that by their terms should survive will survive termination.

15. Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration

These Terms are governed by the law of the State of Florida, excluding conflict-of-laws principles. Arbitration proceedings are governed by federal arbitration law and by the JAMS rules or the rules of any successor arbitration administrator selected in accordance with this section.

Both you and the Company Parties waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and the Company Parties waive the right to participate in any class, consolidated, representative, collective, or private attorney general action related to a dispute brought by anyone else.

Except for disputes relating to infringement or misuse of intellectual property, or where a Company Party is seeking injunctive relief (the "Excluded Disputes"), you and the Company Parties each agree to finally settle all disputes only through binding arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.

Any claim, suit, action, or proceeding arising out of or relating to these Terms or your use of the Services will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules Procedures of JAMS Inc. or any successor to JAMS. If JAMS is unwilling or unable to administer the arbitration, either party may elect to have the arbitration administered by another mutually agreeable arbitration service.

If an in-person hearing is required, it will take place in Miami, Florida; Atlanta, Georgia; Dallas, Texas; Bethesda, Maryland; Fort Lee, New Jersey; or another location required by the applicable arbitration rules or applicable law, whichever permitted location is closest to your residence. Disputes will be arbitrated only on an individual basis and will not be consolidated with proceedings involving claims of another party, except where batch arbitration procedures are expressly allowed by applicable arbitration rules and applicable law.

If for any reason a court or arbitrator holds that the individual arbitration restriction is unconscionable or unenforceable, or for any Excluded Dispute, the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Miami-Dade County, Florida, unless applicable law requires another venue. Either party may bring qualifying claims in small claims court.

In the event there are fifty (50) or more individual requests for arbitration of a similar nature filed against the Company Parties within an approximately thirty-day period or otherwise in close proximity, the arbitration administrator may administer the demands on a batch or collective basis as permitted by the applicable rules and law. This provision must not be interpreted as authorizing a class or collective arbitration or action of any kind except as expressly required by applicable law.

16. Special Terms for Apple iOS Devices

The following provisions apply to anyone using the IPIC application on Apple iOS platform ("IPIC iOS App").

• You acknowledge that this agreement is concluded between you and CB Theater Experience, not with Apple. CB Theater Experience, not Apple, is responsible for the IPIC iOS App and its content.
• You are granted a license to use the IPIC iOS App on any iOS device that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• CB Theater Experience is responsible for maintenance and support for the IPIC iOS App as specified in these Terms or as required by applicable law. Apple has no obligation to provide maintenance or support services.
• In the event of any failure of the IPIC iOS App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, for the IPIC iOS App. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the IPIC iOS App.
• CB Theater Experience, not Apple, is responsible for addressing claims relating to the IPIC iOS App or your possession or use of it, including product-liability claims, legal or regulatory claims, and consumer-protection claims.
• If a third party claims that the IPIC iOS App or your possession or use of it infringes intellectual property rights, CB Theater Experience, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim.
• You and we acknowledge that Apple is a third-party beneficiary of these Terms and may enforce these Terms against you as a third-party beneficiary.

17. Current Participating IPIC Locations and Associated Restaurants

These Terms apply to participating IPIC theaters, restaurants, and services operated under the IPIC brand by CB Theater Experience, including the following locations as of the Effective Date:

18. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the provision will be enforced to the maximum extent permissible to effect the intent of the parties, and the validity and enforceability of the remaining provisions will not be affected. No delay or failure by either party to enforce any right under these Terms is a waiver of that or any other right.

You may not assign or delegate your obligations under these Terms, in whole or in part, without prior written consent of CB Theater Experience. Neither party will be liable for nonperformance due to causes beyond its reasonable control that cannot be reasonably avoided or overcome. The headings and captions used in these Terms are for convenience only and are not to be considered in interpreting these Terms.

These Terms, including all Additional Terms and other documents directly referenced, constitute the entire agreement between the parties regarding the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.