POLICIES, The Lumina Theater
POLICIES
R - Restricted
TERMS OF USE
These Terms of Use (the "Agreement" or “Terms of Use”) are between you and this Movie Theatre. ("Exhibitor," "we," "us," and "our"). This Agreement sets forth the terms and conditions upon which we make available Carolina Cinemas and its contents and offerings to you (the “Site”).
PLEASE NOTE: The Site is intended for use by residents of the United States, who are at least 13 years of age. Read carefully below before using the Site. Note also that our use of your personal information is governed at all times by our Privacy Statement which is available at on website. See below for requirements relating to how disputes between you and Exhibitor are resolve.
Modification to Terms of Use
Amendments to this Agreement will be posted on the Site. To the maximum extent allowed by law and except as otherwise expressly provided at the time of such amendment, such amendments are effective when posted. Your continued use of the Site following the posting of any amendment shall constitute your acceptance thereof. If you do not agree to the terms of this Agreement or any amendment, do not use the Site.
Using the Site
Subject to compliance with the Agreement, including but not limited to applicable age and residency restrictions, you have a limited, non-transferable, non-sublicensable and revocable license to access and use the Site for its intended purpose which shall be for your personal use and not, for example, for reselling or outsourcing the Site’s functionality or otherwise using it as a service bureau or data center. You may print copies of Site materials as reasonably necessary for permitted use of the Site, but such copies shall not be distributed to others. Uses of the Site not expressly authorized herein are prohibited.
You agree to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any product obtained through the Site. Subject to applicable law, Exhibitor reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of, or discontinue any offering of, any product or promotion; (b) impose conditions on the honoring of any gift card or promotion; and (c) bar you from making or completing any or all transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the Site, at a price (s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. Also, you remain responsible for any taxes that may apply to your purchase transactions.
Account Registration, Password and Security
Some portions of the Site may require you to register, and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and correct. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.
We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (i) any action or inaction of Exhibitor under this provision or (ii) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by Exhibitor’ breach of the EXPRESS TERMS OF THIS agreement, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.
Purchase Transactions / Refunds
Tickets may be refunded ONLY if before the stated movie start time. To obtain a cash or credit to you credit card, you must do that inside the theater with the proof of purchase and the credit card used for the original purchase. No refunds will be given after the stated showtime, and tickets purchased with redemption Rewards points or complimentary guest passes are not refundable. Convenience fees for online ticket purchases will not be refunded. Note that for tickets purchased on Fandango, you must contact Fandango customer service to get a refund. Check your confirmation email for further details.
Contests/Promotions
Exhibitor may, from time to time, offer sweepstakes, contests, or promotions, the terms and conditions of which shall be outlined in the official rules of each contest or offer terms of each promotion. Except to the extent indicated in the official rules or offer terms, the Agreement will govern such contest or promotion.
Prohibited Conduct
You agree not to: (a) access or attempt to access any information, documents, images, software or material (individually and collectively, “Materials”) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available through the Site; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites; (c) access or use the Site in any manner that could damage, disable, overburden or impair any server or network used by Exhibitor in connection with the Site; (d) use any Materials in connection with the Site in any manner that infringes upon any intellectual property rights or other rights of any party; (e) transmit unsolicited or bulk communications to any Exhibitor’ account holder or to any e-mail addresses associated with Exhibitor; (f) post or otherwise submit any software, programs or Materials via the Site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with or inhibit any other user from using and enjoying the Site or other websites, Materials or services associated with Exhibitor; (h) violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by this Agreement; (i) compile, use, download or otherwise copy any Materials available on the Site (except as expressly permitted by the Agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such Materials to any third party; (j) use the Site to engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or other programmatic or automatic device, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (l) frame, mirror, or use framing techniques on any part of the Site without Exhibitor’ express prior written consent; (m) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by this Agreement, use any Materials; (n) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; (o) remove any copyright, trademark, or other proprietary rights notice from the Site or Materials; and/or (p) use any Exhibitor’ domain name as a pseudonymous return e-mail address.
These examples of prohibited conduct are representative and are not exhaustive. Exhibitor reserves the right to take action, up to and including terminating a user’s account, if the user is determined, in Exhibitor’ sole discretion, to have engaged in prohibited conduct or otherwise violated this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXHIBITOR, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, AND MERCHANTS (EXHIBITOR AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “EXHIBITOR-RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR, NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR CONDUCTING OF ANY TRANSACTIONS BY OR THROUGH THE SITE. ADDITIONALLY, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE EXHIBITOR-RELATED PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU EXPENDED IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, EXHIBITOR-RELATED PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
You agree and acknowledge that use of the site is without warranty of any kind and that the access to and use of the site, as provided under the terms of use, is provided “AS IS” and “as available” basis, to the full extent permissible by applicable law. All warranties are hereby disclaimed, including but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, and warranties based on custom or practice. Applicable law may not allow the above exclusion of IMPLIED warranties, so the exclusion may not apply to you and shall apply only to the maximum extent allowed by law. no advice or information, whether oral or written, obtained by any user from Exhibitor or the site shall create any warranty not expressly stated herein.
For the avoidance of doubt, and without limiting the foregoing, Exhibitor cannot and does not represent or warrant that the Site, its server, or user content will be error-free, uninterrupted, TIMELY, Secure, free from viruses and other harmful components, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
Additional Disclaimer Related to Third-Party Content and Links to Third-Party Sites.
We may display on the Site user content, information, instructions, videos, services, products, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Exhibitor or its affiliates of any content of the linked third-party website, and Exhibitor does not verify or take responsibility for the accuracy, currency, completeness, or quality of the material contained on these sites. Therefore, neither Exhibitor nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Indemnity
You agree to defend, indemnify and hold harmless Exhibitor, its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement), including without limitation, any information or content you submit to the Site, any material you download from the Site or any interference with the operation of the Site.
Submissions
By submitting any comment, idea, suggestion, response to questionnaires or other material to the Site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by Exhibitor will not infringe on or violate the rights of any third party.
Trademarks and Copyrights
Exhibitor Name, the Exhibitor logo, and other marks, logos, graphics, and trade dress used on the Site are Exhibitor’ trademarks or the trademarks of third-party affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other Materials, is owned or licensed property of Exhibitor or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these Materials may violate trademark, copyright, patent, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such Materials except as expressly permitted in the Agreement.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to Exhibitor shall be sent by e-mail and regular mail at the addresses listed in the paragraph immediately below. In the case of notices, Exhibitor sends to you, you consent to receive notices and other communications by Exhibitor posting notices on the Site or sending you an e-mail at the e-mail address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Exhibitor provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment
You may not assign the Terms of Use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Exhibitor. Exhibitor may freely assign the Terms of Use, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Miscellaneous
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by Exhibitor to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.
Digital Millennium Copyright Act Notice Policy
We respect the intellectual property rights of others, and ask you to do the same. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."; (e) the following affirmation (if true): "I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed."; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
PRIVACY POLICY
The guest experience is our number one priority at Carolina Cinemas. From our state of the art projection and clean, welcoming environment to how we interact with and protect our guests on our digital channels, we are committed to providing the most enjoyable guest experience. This policy serves to inform our guests (“you” or “your”) how we collect, store, and use your personal information to provide a safe and effective online experience.
This privacy policy applies to information collected by Carolina Cinemas and affiliated companies (collectively, “we”, “our”, or “us”) through your use of our website, participation in our current or future loyalty program, or any sweepstakes, promotion, or survey offered by us, and disclosure of personal information to us through any other means including written or electronic communication (collectively, “Services”). By using our Services, you consent to the data practices described in this policy. Our Services are not intended for individuals younger than 13 and we do not knowingly collect any personal information from individuals younger than the age of 13.
What data we collect and how we collect it:
Although you may use our Services without sharing personally identifiable information, we automatically collect data on your website usage and online behavior (“Usage Information”) and unique identifiers such as your IP address (“Device Identifier”). We collect Usage and Device Information through third party analytics (Google Analytics) and web platforms through the usage of cookies, web beacons and embedded scripts.
By creating an account with us, signing up for our emails, communicating with us through digital channels such as email or social media, or registering for Springs Rewards loyalty program, you may share or be asked to provide “Personal Information” to help identify or contact you such as your name, street address, email address, phone number, birthday and account information such as a password and marketing preferences. If you choose to contact us through a third party website or service such as social media or Google, we may have access to information about you, which is subject to this policy as well as the privacy policies of those third parties. Our Services may contain links to other websites and services not operated or controlled by us, such as social media. We are not responsible for the privacy practices or content of third-parties and this policy applies only to the information collected by us.
If you choose to purchase products or services through our Services, we may also collect “Payment Information”. Through your usage of your online profile or loyalty membership, we may collect “Transactional Information” on your movie-going habits such as the movies you see and the concessions your purchase.
How we use data:
We use Device Information and Usage Information to improve the overall content and experience of our Services and for your individual experience such as storing your theatre location preference. We may also use it in conjunction with Transactional Information to promote films, events, and offers that are relevant for you if you allow us through Personal Information you have provided. We use Personal Information you have provided such as your email or phone number in order to communicate with you for marketing and/or guest services purposes. We may share your Personal Information with vendors who provide services to us, such as fulfilling orders, providing processing or other information technology services, marketing our services to you on our behalf, carrying out research and analysis, and personalizing your guest experience. We do not allow these vendors to use this information or to share it for any purpose other than to provide services on our behalf. We do not provide or sell your Personal or Payment information to any third-party for their use, although we may contact you on their behalf if you allow us.
There may be times where we may share information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our online services. Or we may combine information about you with other customers and share the information in a way that does not link to a specific customer.
When you interact with us through third-party sites such as our social media profiles or review platforms (e.g. Yelp, Google, etc) in a public way such as tagging us, posting on our profile, or using an associated hashtag, we will assume you intend to make that information public. We reserve the right to use public comments and public information such as your associated name or profile in our marketing materials. However, we will not post any non-public information such as guest feedback and comments that you send to us through direct message or without clear reference to us (e.g. tagging, using associated hashtag) without your approval. We may be required to share personal information with third parties, including law enforcement or government agencies, as a result of a court order, subpoena, or as otherwise required by law.
How we store and keep data secure:
We take reasonable measures to protect all of our data, including Personal and Payment Information during the transaction and once we receive it. However, by using the Services, you acknowledge that electronic transmission and storage cannot be guaranteed as 100% secure. Although we take security and data protection seriously, security breaches cannot be prevented entirely, and by continuing to use the Services, you accept the risk that a security breach may occur.
Your access and control over data:
You are never obligated to provide us with any personal information, but some Services do require it in order to complete transactions and allow us to contact you about those transactions. At any time, if you would like more information on what data we have about you, change/delete any data we have about you, or ask questions or express concern over our use of your data, please contact us at: manager@sandhills10cinemas.com or (877.507.3612)
Changes effective as of 08/12/2023.
