Terms of Use

Welcome to the Flicketz^sm website (the "Site") (we refer to the Site and the services provided through the Site, collectively, as the "Flicketz Features"). These Terms of Service ("Terms of Service") set forth an agreement between you and Double Feature, LLC ("Double Feature" or "Flicketz") governing your use of the Flicketz Features.  FLICKETZ FEATURES ARE CURRENTLY OFFERED SOLELY IN THE UNITED STATES.

By using any of the Flicketz Features, or by creating a member account, you signify your irrevocable acceptance of these Terms of Service. You may only use the Flicketz Features and/or open an account if your acceptance of these Terms of Service is not prohibited by applicable law. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service. If you do not agree to these Terms of Service, then you are not authorized to use any of the Flicketz Features.

Flicketz has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of any of the Flicketz Features following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.

Flicketz reserves the right to add, change, modify, suspend or discontinue all or any of the Flicketz Features, in its sole discretion, at any time. Unless expressly stated otherwise, the use of any new Flicketz Features, including the availability of new services or products through the Site, shall be subject to these Terms of Service. In addition, Flicketz may impose limits on any of the Flicketz Features or restrict your access to portions of or the entire Site in its sole discretion without notice or liability. Flicketz reserves the right to refuse to provide you with access to any of the Flicketz Features or to refuse to allow you to create a user account for any reason.

Proprietary Rights

You acknowledge and agree that Flicketz, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Site (including, without limitation, text, images, graphics, page headers, Flicketz's trademark and logo, the selection and arrangement of elements displayed on the Site, the compilation of all content and materials on the Site and the business process, procedures, methods and techniques used in the Flicketz Features) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world ("Intellectual Property").

Limited License

Flicketz grants you a limited license to access and use the Flicketz Features for your personal use subject to all of the terms and conditions of these Terms of Service. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual element provided on the Site, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials or individual element provided on the Site without Flicketz's prior written consent, (iii) except as set forth in any other agreement regarding the Flicketz Features between you and Flicketz, make any commercial use or any derivative use of any of the Flicketz Features or any of the content, materials or individual element provided on the Site, (iv) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Site or create a link to the Site accessing such content, materials or element without Flicketz's prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing Flicketz's name, trademark, URL or the name of any of the Flicketz Features without Flicketz's prior written consent, or (vi) disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through the Site or used to provide any of the Flicketz Features.

Special Offers

Certain Flicketz Features may provide you with special offers from participating Flicketz affiliated movie studios or exhibitors, including offers to purchase two movie tickets for the price of one, ("Special Offers"). You are solely responsible for redeeming such Special Offers. There is no automatic or periodic redemption. Flicketz is not responsible for changes to, or the revocation or discontinuance of, any Special Offers, the withdrawal of any Flicketz affiliated movie studios or exhibitors, or any effect such withdrawal may have on the Flicketz Features.

Flicketz provides the Special Offers as a service to its customers. Flicketz is not responsible for the redemption, errors/omissions or expiration of Special Offers and it is your responsibility to make sure that a Special Offer is valid prior to use. All offers and promotions on this Site are subject to change without notice. Flicketz has no control over whether a Flicketz affiliated movie studio or exhibitor will honor the Special Offers provided on the Site, and does not guarantee the accuracy or completeness of the information contained on the Site. In the event you have a dispute with a Flicketz affiliated movie studio or exhibitor in any way relating to the Site or the use of information from the Site, you agree to waive and release Flicketz from any and all claims, demands, actions, damages (actual and consequential), losses, costs and expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

Accounts and Security

To use certain Flicketz Features, you will be directed to register with the Site and create a member account or otherwise provide Flicketz with certain information about yourself and your company (if applicable). By submitting your information through the Site, you grant Flicketz a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Flicketz's operation of the Site and/or performance of the Flicketz Features for you. As part of the registration process, you will be asked to submit your name, email address, mailing address, user name and phone number and to select a password. You agree that all information you provide to Flicketz for purposes of creating an account ("Registration Information") will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, and (iii) properly exit from your account at the end of each session.

You shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password.

You may incur charges to your mobile phone account, including text messaging or data plan rates, in connection with your redemption of the Special Offers or your use of certain Flicketz Features, and agree that you are solely responsible for such charges. Flicketz is not responsible for any third party charges arising from your use of any of the Flicketz Features.

You agree to immediately notify Flicketz of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. Flicketz is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Privacy

All information about you including your Registration Information and any information stored or transmitted in any way on the Site or through the use of the Flicketz Features is subject to Flicketz's Privacy Policy.

Use of the Flicketz Features

You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Flicketz Features. Flicketz may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that Flicketz believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Site, or (iii) harmful to other users, third parties, or Flicketz's business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, Flicketz may terminate your account if you file a claim against Flicketz, or a claim which in any way involves Flicketz. Upon Flicketz's termination of your account for any of the forgoing reasons, (a) you may not establish a new account for a period of one (1) year from the date of termination, (b) Flicketz will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your account.

You agree not to:

• use any of the Flicketz Features to (1) harm minors in any way, (2) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (4) intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, (5) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or (6) stalk or otherwise harass another;
• remove any proprietary notices from the Site;
• cause, permit or authorize the modification, creation of derivative works, or translation of any content displayed on the Site or transmitted through the use of any of the Flicketz Features without Flicketz's prior written consent;
• attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Flicketz with respect any of the Flicketz Features and/or data transmitted, processed or stored by Flicketz;
• attempt to harvest or collect any information about or regarding other users of any of the Flicketz Features including, but not limited , any personal data or information; and/or
• interfere with or disrupt any of the Flicketz Features or servers or networks connected to or operated with any of the Flicketz Features, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the Flicketz Features.

You acknowledge, consent and agree that Flicketz may access, preserve and disclose account information and/or other personal information that you provide if Flicketz is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any Content violates the rights of any third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of Flicketz, its employees, partners, agents or members of the public.

Links to Other Websites

The Site contains links to other Internet websites and resources. Flicketz provides these links merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by Flicketz of such websites or any content contained therein. You acknowledge and agree that Flicketz is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources.

Warranty Disclaimers

You understand that the processing and transmission of communications relating to the use of any of the Flicketz Features may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Flicketz will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on the Site or for transmission through the use of any of the Flicketz Features.

THE SITE AND THE FLICKETZ FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLICKETZ SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

Flicketz makes no representation or warranty that (i) the Site or the Flicketz Features will meet your expectations or requirements, (ii) the Site or the Flicketz Features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Flicketz Features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Flicketz Features will be corrected, or (v) the Site and the Flicketz Features and/or the server that makes the Site and the Flicketz Features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site and the Flicketz Features may be interfered with by numerous factors outside of Flicketz's control including, but not limited to, telecommunications network disruptions. Flicketz is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Flicketz Features.

You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Flicketz Features remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE FLICKETZ FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND THE FLICKETZ FEATURES.

Limitation of Liability

IN NO EVENT SHALL FLICKETZ OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND MEMBERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF FLICKETZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLICKETZ'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Termination

You agree that Flicketz, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site or any of the Flicketz Features at any time if Flicketz believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that Flicketz determines to be inappropriate or unacceptable.

Indemnity

You agree to defend, indemnify and hold Flicketz and its licensors and marketing partners, together with their respective employees, agents, directors, officers, members and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or any of the Flicketz Features, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or any of the Flicketz Features or (iv) your use or disclosure of another person's personal, financial or credit information.

Copyright Infringement

Flicketz respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Site is infringing your copyright, please notify Flicketz in accordance with the following procedure:

All notifications of copyright infringement must be in writing and directed to Flicketz's designated agent at the following address, fax number or email address:

Double Feature, LLC
800 Wilshire Boulevard, Suite 710
Los Angeles, California 90017
info@flicketz.com

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Flicketz to locate the material, (iv) information reasonably sufficient to permit Flicketz to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Miscellaneous

These Terms of Service, and any other agreement regarding the Flicketz Features between you and Flicketz, constitute the entire agreement between you and Flicketz with respect to your access and use of the Site and the Flicketz Features and supersede all prior and contemporaneous agreements between you and Flicketz. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Flicketz's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Flicketz Features, that you and Flicketz will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you would otherwise be entitled to them.

If you have any questions about these Terms of Service or your rights or Flicketz's obligations relating to any of the Flicketz Features, please email us at info@flicketz.com or you may contact us by mail at:

Double Feature LLC
800 Wilshire Boulevard, Suite 710
Los Angeles, California 90017

California Residents

If you are unable to resolve a complaint you may have regarding the services provided through the Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.