PLEASE READ THESE TERMS AND CONDITIONS FOR USE OF SITE ("TERMS AND CONDITIONS") THOROUGHLY BEFORE USING THIS SITE. YOUR AGREEMENT TO THE TERMS AND CONDITIONS IS A PRECONDITION FOR USE OF THE SITE. YOUR USE OF THE SITE EXPRESSES YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS. BY USING THIS SITE, YOU ACKNOWLEDGE: (1) YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND (2) YOU AGREE TO BE BOUND TO THEM.
These Terms and Conditions set forth and constitute an agreement by users and thereby govern use of the site operated by Southern Theatres LLC ("Southern Theatres"), at www.thegrandtheatre.com or www.amstarcinemas.com (the "Site"). Southern Theatres operates the Site on behalf of theatres under its management, specifically including the theatres referenced on the Site ("Theatres"). Southern Theatres reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Such changes, revisions or modifications shall be effective immediately, with notice to users occurring as of the posting to this Site of any changed, revised or modified Terms and Conditions. Your continued use of the Site after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.
USE OF SITE
Southern Theatres welcomes you to view, use and download a single copy of this Site for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through this Site may be copied, downloaded, or stored in a retrieval system, nor may the same be redistributed for any purpose, without the express written permission of Southern Theatres.
Southern Theatres reserves the right to terminate your access to all or part of the Site, with or without notice, for any reason or no reason at all, including, without limitation, your violation of the Terms and Conditions.
COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all laws, rules and regulations applicable to your use of the site.
"Southern Theatres Marks" means Southern Theatres LLC; The Grand Theatres; AmStar Cinemas; Reel Rewards; Super Saver Tuesday; and all other trademarks, service marks and other commercial symbols used by, on behalf of, or in connection with the business of Southern Theatres, its affiliates, or the Theatres. All Southern Theatres Marks are the exclusive property of Southern Theatres, its affiliates or third-party licensors. This Agreement does not authorize you to use any Southern Theatres Mark, and you agree not to use any Southern Theatres Mark in any manner without the prior written consent of Southern Theatres, which consent may be withheld in the sole discretion of Southern Theatres. Unauthorized use of any Southern Theatres Mark may be a violation of federal and state trademark laws.
The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the sole property of Southern Theatres or its affiliates or third party licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Southern Theatres or the appropriate affiliate or third party licensor.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
This Site may produce automated search results or otherwise link you to other websites on the Internet. Third-party websites are not under the control of Southern Theatres, and you acknowledge and agree that Southern Theatres is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by Southern Theatres or any association with its operators, and Southern Theatres disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
Certain areas of this Site may enable you to post content, submit emails, or otherwise provide feedback or other information to Southern Theatres.
YOUR PROVISION OF PERSONAL INFORMATION
When you provide information about yourself to Southern Theatres, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Southern Theatres has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Southern Theatres has the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.
USER CONTENT ON THE SITE
You understand that all information, data, and other materials that are posted on or transmitted in connection with the Site by you or another user ("User Content") are the sole responsibility of the person from whom such User Content originated. This means that you, and not Southern Theatres, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Site. Southern Theatres does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Southern Theatres be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with the Site.
YOUR CONDUCT WITH USE OF SITE
In connection with this site you must not (1) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (2) collect or store personal data about other users; (3) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Site; (5) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (6) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (7) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) interfere with or disrupt the operation of the Site or servers or networks connected to the Site, or (10) disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Although Southern Theatres does not pre-screen User Content, Southern Theatres has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, Southern Theatres has the right to remove any User Content that violates this Agreement.
YOUR GRANT OF LIMITED LICENSE
REGISTRATION AND PASSWORDS
The Site may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Site. You are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOUTHERN THEATRES AND ITS AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SOUTHERN THEATRES, OR ITS AFFILIATES BE LIABLE OR IN ANY WAY RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF SOUTHERN THEATRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOUTHERN THEATRES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You release, and will defend and indemnify Southern Theatres and our officers, directors, employees, agents, successors and assigns, 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 an indemnified party due to such claim or cause of action arising out of (1) any breach of these Terms by you, (2) your use of, and conduct on, this Site, (3) the use by any other persons accessing this Site using your account, or (4) the User Content you post or otherwise make available on the Site. 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.
This Site may include statements concerning Southern Theatres and/or its affiliates' operations, prospects, strategies, financial condition, future economic performance and demand for Southern Theatres and its affiliates' products or services, as well as its intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities laws safe harbors for forward looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Southern Theatres or its affiliates' securities-related filings or documents.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of Louisiana without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of Louisiana. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Southern Theatres shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Southern Theatres seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this Agreement shall be entitled to attorneys' fees and costs.
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by Southern Theatres of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by Southern Theatres to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive Southern Theatres of the right to insist upon strict adherence to that term or any other term of this Agreement.
Southern Theatres LLC
935 Gravier Street, Suite 1200
New Orleans, LA 70112