Updates and Changes
We may change these Terms at any time by updating this webpage. You agree to any changes by continuing to use our Services. You further agree that you (i) do not require any notice beyond our publication of revised Terms to make any changes effective on you, (ii) are responsible for reviewing these Terms from time to time to make sure you agree to any changes, and (iii) will stop using our Services if you do not agree to any changes. A change to these Terms cannot be enforced against us unless we make it or agree to it (expressly and in writing). Please see the bottom of this webpage for the date on which we last updated these Terms.
Using Our Services
You agree that:
My Harkins Awards
Please visit our My Harkins Awards Terms and Conditions to review the specific terms that apply to My Harkins Awards (including Popcorn Perks®).
By using our Services to make a purchase, you warrant that you are authorized to make that purchase with the payment method you use. You also agree that:
Please note that we provide My Harkins Awards members with the option to store payment credentials on their membership to facilitate purchase processing. Please visit our My Harkins Awards Terms and Conditions for further information.
You agree to the following refund policy:
Please visit our Gift Card Terms and Conditions to review the specific terms that apply to the purchase and use of Harkins Gift Cards.
Privacy and Cookies
Sweepstakes and Promotions
You acknowledge that any sweepstakes, giveaway, challenge, activity, survey, or similar promotion we make available on or through our Services may be governed by specific rules separate from these Terms. Your participation in any such promotion will subject you to those specific rules, which may vary from these Terms. If there is a conflict between a promotion’s specific rules and these Terms, the specific rules will control.
As between us and you, we own all intellectual property rights, including copyrights, trademarks, patents, trade secrets, and know-how, in our Services and Content. We grant you a limited, revocable, nontransferable, and non-sublicensable license to make personal, noncommercial use of our Services and Content as permitted by these Terms. You agree that you will not use, perform, display, copy, reproduce, modify, adapt, translate, create derivative works of, repurpose, publish, transmit, sell, lease, share, distribute, reverse engineer, mirror, “scrape,” “data mine,” or otherwise appropriate our Services or Content (or any portion thereof) without our prior written consent (except where permitted by these Terms or where such restriction is expressly prohibited by law). You further agree that you will not erase, remove, destroy, or obscure from or on our Services or Content any notice, disclaimer, or other language related to our intellectual property rights.
By submitting to us any Content on, through, or about our Services, or posting on social media any Content that you permit us to use, you agree that:
You acknowledge that these Terms do not apply to any Third-Party Service (unless we state otherwise expressly and in writing). While our Services link to Third-Party Services, we have no control over Third-Party Services, do not endorse them, and are not responsible for their availability, accuracy, integrity, or security. We recommend that you review any terms and conditions applicable to a Third-Party Service and, if you do not agree to those terms and conditions, that you do not uses that Third-Party Service.
How to Make a Copyright Claim
We comply with all applicable intellectual property laws, including the Digital Millennium Copyright Act (“DMCA”). If you believe we have used a work in a way that infringes on intellectual property rights, please submit a written request that we review your allegation to LegalDepartment@Harkins.com or:
Attn: Legal Department
8901 E. McDonald Drive
Scottsdale, Arizona 85250
Under the DMCA, your request must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right(s) allegedly infringed; (ii) identification of the copyrighted work(s) allegedly infringed; (iii) identification of the material that is allegedly infringing with information reasonably sufficient to allow us to locate it; (iv) an address, phone number, and email address (if you have one) at which you can be contacted about your request; (v) a statement that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in your request is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed right(s).
Notice For California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our Services, please contact us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by phone at (800) 952-5210.
Limitation of Liability
To the fullest extent applicable law permits, you agree that: (i) under no circumstances shall we or our employees, contractors, agents, representatives, owners, officers, managers, or directors be liable to you for any punitive, incidental, direct, indirect, accidental, special, or consequential damages that may result from the access to or use of, or the inability to access or use, our Services, including any typographical errors, inaccuracies, or omissions in or on any of our Services, and any errors, omissions, outages, malfunctions, delays, lost profits, lost data, lost goodwill, business interruptions, deletions, defects, theft, destruction, unauthorized access, or any other loss in connection with our Services (whether any alleged liability is based on negligence, contract, tort, strict liability, or any other legal theory, even if we have been notified of the possibility of such damages); (ii) we shall not be liable for any damages, costs, or expenses in excess of the fees paid by you to us in connection with your use of our Services during the twelve (12) months preceding the date on which the claim(s) arose; and (III) we shall not be liable for any defamatory, offensive, or illegal conduct of any user of our Services.
You agree to defend (at our option in our sole discretion), indemnify, and hold harmless us and our employees, contractors, agents, representatives, owners, officers, managers, and directors from all liabilities, allegations, claims, damages, costs, and expenses, including attorneys’ fees, in connection with your violation of these Terms or your use of our Services (“Claims”). We reserve the right to control the defense of any Claims (at our cost) and under such circumstances you agree to reasonably cooperate with us in the defense and settlement of such Claims.
Disclaimer of Warranties
TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, YOU AGREE AND ACKNOWLEDGE THAT: (I) OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS; (II) WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES; (III) WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES; (IV) YOU ACCESS AND USE OUR SERVICES AT YOUR SOLE RISK; (V) YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF OUR SERVICES; (VI) ANY CONTENT YOU SEND OR RECEIVE DURING YOUR USE OF OUR SERVICES MAY NOT BE SECURE AND MAY BE ACCESSED BY UNAUTHORIZED PARTIES; AND (VII) WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY, REPUTATION, OR CONTENT THAT RESULTS FROM YOUR USE OF OUR SERVICES. THE DISCLAIMERS IN THIS SECTION ARE ESSENTIAL TO THESE TERMS.
Disputes and Jurisdiction
You agree that any litigation or claim brought against us in connection with our Services shall be governed by U.S. law and the laws of the state of Arizona (without regard to its conflict of law principles). You agree that the sole venue for any such litigation or claim shall be an appropriate federal or state court located in Phoenix or Scottsdale, Arizona. You hereby submit to personal jurisdiction and venue in the state and federal courts of Phoenix or Scottsdale, Arizona.
Class Action Waiver
TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, WE AND YOU WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY LITIGATION OR CLAIM AGAINST EACH OTHER IN CONNECTION WITH OUR SERVICES THAT IS PART OF A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Jury Trial Waiver
TO THE FULLEST EXTENT APPLICABLE LAW PERMITS, WE AND YOU WAIVE ALL RIGHT TO A JURY TRIAL IN THE EVENT OF OUR INVOLVEMENT IN LITIGATION AGAINST EACH OTHER IN CONNECTION WITH OUR SERVICES.
These Terms remain effective unless and until terminated by either us or you. We may terminate these Terms at any time, in our sole discretion, immediately, with or without notice, and deny you access to our Services. You may terminate these Terms by no longer using our Services. If these Terms are terminated, you must destroy all Content (including copies) you obtained on or through the Services. The following sections of these Terms will survive termination: “Definitions,” “Using Our Services,” “Making Purchases,” “Refund Policy,” “Privacy & Cookies,” “Sweepstakes & Promotions,” “Intellectual Property,” “Your Content,” “Third-Party Services,” “Mobile Terms,” “Limitation of Liability,” “Indemnification,” “Disclaimer of Warranties,” “Disputes & Jurisdiction,” “Class Action Waiver,” “Jury Trial Waiver,” “Termination,” and “Other Terms.”
These Terms contain the complete, full, and exclusive agreement and understanding, and supersede any prior agreement, representation, or promise, between you and us with respect to our Services. No failure or delay by you or us in exercising any right under these Terms will operate as a waiver of that right. Nor will any single or partial exercise by you or us of any right under these Terms preclude any other or further exercise of that right or any other right under these Terms. The rights and remedies provided by these Terms are cumulative and do not exclude any rights or remedies provided by law or equity. If any provision in these Terms is held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms to the greatest extent practicable, but rather these Terms will be construed as if such invalidity, illegality, or unenforceability had never been part of these Terms. You may not assign, transfer, or sublicense any right or obligation under these Terms without our express prior written consent. These Terms do not create any partnership, joint venture, employment, or agency relationship between us. We will not be responsible for any nonperformance or failure to perform under these Terms due to an act or cause beyond our control. The word “including” in these Terms means “including, without limitation.”
Harkins Theatres Guest Services
8901 E. McDonald Drive
Scottsdale, Arizona 85250
Last revised November 9, 2020.