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OWNERSHIP OF MATERIALS Except as otherwise indicated, this Site and its entire contents (collectively, the “Materials”), including but not limited to, the text, information, material, software, and graphics contained on this Site, are owned by SMG and its affiliates. No Materials, information, tools, software, products or services included in or available from or through this Site or from or through any web site owned, operated, licensed or controlled by SMG may be copied, reproduced, republished, modified, downloaded, uploaded, posted, transmitted, or distributed in any way, without the express written permission of SMG. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. SMG makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site. Any third party names, trademarks, and service marks are the properties of their respective owners. This Site is protected by the intellectual property laws of the United States of America and international treaties. Software from this site is further subject to United States export controls. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
LINKS TO THIRD PARTY SITES
The Site contains links to third party sites. These links are provided for convenience purposes and are no under the control of SMG. SMG does not make any representations or warranties, express or implied, regarding the content of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by SMG with respect to any third party, any third party’s web site, the content of any third party’s web site, or any products or services sol or provided by a third party.
RSS FEEDS By downloading an SMG RSS Feed (“SMG Feed”) from SMG you agree to be bound by the terms set out below (the “Standard License Terms”). These Standard License Terms may be updated by SMG from time to time. Please review these Standard License Terms each time you download an SMG Feed.
Your download and/or use of an SMG Feed indicate your agreement to these Standard License Terms.
1. License. Subject to the terms of this Agreement SMG grants you anon-exclusive license to display on your website (“Site”) the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from SMG via the SMG Feed (“SMG Content”). This grant is not transferrable nor sub licensable. All title, ownership rights and intellectual property rights in and to the SMG Feed shall remain the property of the SMG. Nothing in these Standard License Terms grants you any right to use the SMG trade mark on your Site or elsewhere.
2. Use of SMG Content. You shall ensure that SMG is given credit for all SMG Content appearing in your site (for example, “From SMG”) Furthermore, you shall not directly or indirectly charge users for accessing SMG Content nor shall you re-sell or attempt to re-sell the SMG Content in any manner. Where possible you must create a functional link back to the SMG pages summarized by the SMG Content. You shall not directly or indirectly change, edit, add to or produce summaries of the SMG Content or any content on the SMG website nor place any full-story SMG content in an HTML frame-set. You shall not directly or indirectly suggest any endorsement or approval by the SMG of your Site or any non-SMG entity, product or content or any views expressed within your site or service. You acknowledge and agree that all SMG Content is under the sole and exclusive control of SMG All inquiries received by you which relate to SMG or the SMG Content should promptly be referred to SMG at [email protected]
3. Warranties & Liability. You warrant to SMG that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws, rules and regulations; (ii) the Site shall contain no material which is libelous, defamatory, pornographic, obscene, vulgar, deceptive, fraudulent, threatening, harassing, profane ,tortious, invasive of privacy or which brings SMG into disrepute, or which is in breach of any third party intellectual property rights; and (iii) users of the Site shall be required to comply with terms that are equivalent to the Standard License Terms in relation to their use of SMG Content. The SMG Feed is made available by SMG on an “as is” and “as available” basis and SMG gives no warranty of any kind in relation to the SMG Feed, the SMG Content, or any content on the SMG Site. SMG disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the SMG Content, the SMG Feed and the SMG Site and any content thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW SMG EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE SMG FEED, THE SMG CONTENT OR ANY CONTENT ON THE SMG WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF SMG CONTENT. Each provision of this Clause 3 operates separately in itself and survives independently of the others.
4. Indemnity. You hereby agree to indemnify, hold harmless and defend SMG in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard License Terms or otherwise in connection with your use of the SMG Feed (including the SMG Content).
5. Termination. You may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of the SMG Feed (including the SMG Content) from your Site, all hard drives, networks and other storage media. 5.2 SMG may restrict, suspend or terminate the SMG Feed, this Agreement, the license granted herein or your access to the SMG Feed at any time without liability. You agree to destroy all copies of the SMG Feed (including the SMG Content) upon receiving notice of termination from SMG. Clauses 3, 4 and 6 shall survive termination of this Agreement.
6. General. Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party. This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement. Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
SMG RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR WITHOUT NOTICE.
DISCLAIMER OF WARRANTIES THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SMG’S WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN SMG’S OPERATING WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SMG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL SMG OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOSS OF BUSINESS OR LOST SALES EVEN IF SMG OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LISTED LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL SMG BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE.
OTHER COUNTRIES We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. SMG makes no claims that the content of this Site is appropriate outside of the United States. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.
GENERAL TERMS This Agreement constitutes the whole legal agreement between you and SMG and governs your use of the Site, and completely replaces any prior agreements between you and SMG in relation to the Site. You agree to comply with all laws, rules and regulations applicable to your use of the Site. 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, SMG shall be entitled to seek immediate equitable relief, including injunctive relief. You agree that if SMG does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which SMG has the benefit of, such failure will not be taken to be a formal waiver of SMG’s rights and that those rights or remedies will still be available to SMG. If any court having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms herein. This Agreement shall be governed by the laws of the State of Texas without regard to the conflicts of laws provisions 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 Texas. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.QUESTIONS
If you have any questions about this Agreement, you can contact us as follows: * You can send your request for information to the following email address: [email protected] * You can send your request for information to the following postal address: Studio Movie Grill Attention: Webmaster 12404 Park Central Ste: 400N Dallas, Texas 75251
SMG Access® Loyalty Program Terms and Conditions
These terms and conditions govern the overall SMG Access® loyalty program. The SMG Access loyalty program consists of a free membership tier (SMG Access Cast) only (the “Program”) brought to you by Studio Movie Grill ("we," "us," "our" or “Studio Movie Grill”). Your participation or use of any membership or related rewards or benefits in the Program ("Membership") at any time subjects the user ("you" or "Member") to the provisions of these Terms and Conditions, as amended from time to time.
1. MEMBERSHIP AND GENERAL TERMS/CONDITIONS.
a. Members of the Program agree to these Terms and Conditions (“Agreement”), as published and subject to periodic update at studiomoviegrill.com. This Agreement replaces all previously published Terms and Conditions and information, and Members have the responsibility to check for any updates. If this Agreement is updated, any changes will apply to all Members, including Members enrolled before Studio Movie Grill posts the updated Agreement, except as may be prohibited by law. Studio Movie Grill may change this Agreement, in whole or in part, at any time without notice, even though changes may affect rewards and benefits earned before such changes are made.
b. By enrolling in the Program, Members agree to receive advertising, marketing materials and other Program communications, unless expressly disallowed as a profile preference. Members will be asked to provide an email address, cell phone number, name and date of birth in order to receive benefits and reward notifications. We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Members can change their account information by (i) updating Member profile data through an authenticated studiomoviegrill.com account, (ii) requesting an update at the Guest Service information desk of any Studio Movie Grill location in the US or (iii) calling Guest Services. We cannot assume any, and disclaim all, liability for correspondence, mail or e-mail that is lost, delayed or misdirected.
You may opt-in to receive rewards and offer notifications by SMS from SMG Access® through the studiomoviegrill.com website. You will receive up to 10 text messages per month from Studio Movie Grill. Depending on the terms of your contract with your mobile telecommunications service provider, message and data rates may apply.
If at any time you want to stop receiving messages from Studio Movie Grill, you can opt-out through the studiomoviegrill.com website or, for SMS, by texting STOP to 444222. For help with these messages, text HELP to 444222. You may also call Studio Movie Grill’s Guest Services department or you may send Studio Movie Grill your request in writing to the following address: Studio Movie Grill 12404 Park Central Suite 400N Dallas, Texas 75251 Attn: Guest Services
Your mobile phone number will be removed or suppressed from the Program SMS text messaging database within 30 days of your opt-out. You will not receive any further SMS text messages from Studio Movie Grill unless you solicit the communication
Note: expiration or cancellation of your Membership does not automatically cancel your communication opt-in election; follow the steps outlined above to opt-out.
c. Membership is valid at participating Studio Movie Grill locations. Membership is open to residents of the US who are 13 years of age or older. If a Member is between 13 and the age of majority in his/her state or jurisdiction, the Member, by enrolling in the Program, acknowledges that he/she has obtained permission to do so from a parent or legal guardian. Studio Movie Grill does not knowingly collect information about individuals under 13 years of age. If you are a parent or guardian or other person and become aware of information collected from an individual under 13 years of age, please contact Studio Movie Grill Guest Services immediately.
d. Membership accounts, points, recognitions (i.e., free movie ticket), special offers, and other rewards and benefits (i) are nontransferable, except to a new Membership account for the same Member in the case of a lost or stolen account number, (ii) have no cash value and are not gift cards or gift certificates, (iii) may not be offered for resale, and (iv) are not redeemable for cash under any circumstance unless required by law. Accumulated Points, rewards and special offers do not constitute property of the Member, nor are accumulated Points, rewards and special offers transferable by the Member upon death, as part of a domestic relations matter or otherwise. Points, special offers, and other rewards and benefits of the Program may be taxable to the Member where required by law. Rewards may not be used toward the purchase of SMG gift cards.
e. Entities or persons using the Program for profit are not eligible to become or remain Members or to accumulate rewards. Membership is intended for individual use only, and is not available to organizations, legal entities or groups such as, but not limited to, businesses, churches, daycares, non-profits, etc. Abuse of the Program, including failure to abide by the terms of this Agreement, may result in cancellation of the Member’s account, future disqualification from participation and forfeiture of all Points, rewards and special offers accrued, in addition to other remedies available to us under applicable law. In connection with the enforcement of any provision of this Agreement governing the Program, Studio Movie Grill reserves the right to take appropriate legal action as it deems necessary and will be entitled to recover damages, attorneys’ fees and court costs as allowed by applicable law.
Members have a right to cancel by:
- Calling Guest Services or
- Presenting their SMG Access account number at the box office or Guest Service information desk of any Studio Movie Grill location.
SMG reserves the right to terminate a Membership, including any associated accounts, without notice, for any reason in our sole discretion, including, without limitation, abusive, vulgar, or offensive behavior by the SMG Access Member, or any individual(s) in the SMG Access Member’s party, towards any SMG Associate or other guest of Studio Movie Grill while on property, or our belief that continued use of such Membership would violate any provision of this Agreement or applicable law, or would otherwise be harmful to our interests. In the event of any such termination by Studio Movie Grill existing rewards will be valid until stated expiration date, unless earned rewards were a result of fraudulent behavior. Points, rewards and special discounts earned as a result of fraudulent behavior will be forfeited. Examples of fraudulent behavior that may result in Membership cancellation include, but are not limited to (1) making purchases either online, through Studio Movie Grill or third party vendors, (if applicable), or at the theater and then refunding in an attempt to inflate spending or transactions on a Member’s account or (2) posting Member directed promotional offers or coupons, or an account number on websites or reproducing for use by third parties or public websites.
We may terminate or alter any or all of the rewards or benefits available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we may maintain Membership rewards or benefits until expiration of special offers.
SMG Access Memberships may be closed and/or reward Points reverted due to any type of computer or technical issues that may arise. This would include any type of electronic malfunctions or human error on behalf of SMG Associates. SMG will, to the best of its ability, attempt to later fix any accounts that were closed due to any of these reasons and reapply any outstanding rewards or Points existing at the time the issue arose.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the SMG Access section at studiomoviegrill.com. Each Member has the responsibility for the use of his/her own password and username to gain access to the SMG Access section at studiomoviegrill.com.
We will have no responsibility for a Member’s inability to access such restricted portions of such website if the Member has lost or forgotten his/her username, password or other necessary code. Members can request a password reset be emailed to them at studiomoviegrill.com/access.
g. From time to time, Members may be eligible for sweepstakes, contests or other promotions. Participation in such events shall be subject to the applicable terms, conditions and rules published at the time of such event and applicable federal and state laws and regulations.
2. SMG ACCESS (FREE) CAST MEMBERSHIP
The Membership fee for the SMG Access Cast tier is $0. SMG Access Cast may cancel Membership at any time. The SMG Access Cast Membership term is unlimited as long as the account stays in an active status. SMG reserves the right to cancel the account after 12 consecutive months of non-use.
The Program entitles Members to the following Points, special offers, and other Membership benefits and rewards. All benefits, rewards, special offers, and other savings received are treated as discounts for tax purposes.
a. Definitions. There are a number of ways SMG Access Members can earn rewards, such as:
(i) “Points” are SMG Access® points Members accumulate in connection with eligible purchases at studiomoviegrill.com and participating Studio Movie Grill locations that will be converted to one (1) free movie ticket when enough Points have been earned. See Sections 4.b and 4.c below for details.
(iii) The term “reward” or “rewards” is used in this Agreement generally to refer to Points, movie ticket(s), special offers, and other benefits and rewards.
b. Accumulation of Points - SMG Access Cast. SMG Access Cast will receive 4 Points per every $1.00 spent on eligible purchases at participating Studio Movie Grill locations by presenting or entering their cell phone number, email address or Membership ID during box office, kiosk, or online ticket purchases at studiomoviegrill.com. When purchasing online at studiomoviegrill.com, the Member should log into his/her SMG Access account to conduct the transaction. Points for online ticket purchases will be awarded 24 hours after the movie session starts. Points have no cash value and may not be redeemed for cash.
d. Ineligible Purchases. The following purchases or products are NOT eligible toward earning Points/rewards or redemption of Points/rewards:
- Tickets purchased on third party sites.
- SMG pre-paid discount, bulk or exchange tickets, passes or free admissions of any sort, subscriptions (including Movie Pass) or other discounted or bulk purchase items, either at the time of purchase OR time of redemption.
- In conjunction with the use of a FREE box office or concession offer/pass.
- Initial purchase of gift cards; gift cards are eligible toward earning rewards upon REDEMPTION at Studio Movie Grill locations, but NOT upon initial purchase.
- Tips and gratuity given to SMG employees.
- Auditorium or theatre rental fees.
- Tickets or concessions purchased for a group or an organization via auditorium buyout or otherwise.
- Ticket purchases that are refunded.
- Purchases made at a sublet space within a Studio Movie Grill location.
- Sales tax.
- Charitable donations or charitable products sold at Studio Movie Grill locations.
- Rewards may not be earned on purchases of alcohol. Rewards may not be redeemed for the purchase of alcohol.
e. Free Movie Tickets. For every 1,000 Points accumulated on eligible purchases made at participating Studio Movie Grill locations, and at studiomoviegrill.com, Members are eligible to earn one (1) free movie ticket. Once a Member accumulates 1,000 Points, a free movie ticket will be issued to the Member. After a free movie ticket is issued, 1,000 Points will be immediately deducted from the total Point balance in the Member’s account. The free movie ticket is valid for 90 days after issuance.
Maximum qualifying earn per day is 20,000 Points per SMG Access Cast account; maximum number of eligible transactions per day is 10 per account. Members will not receive credit for spend greater than 20,000 Points per day per SMG Access Cast account, or more than 10 transactions per day per account. Manual adjustments will not be available for accounts that hit this threshold. This 10 transaction limit may be lifted for special events. Movie ticket(s) have no cash value and may not be redeemed for cash. All earned movie tickets are valid for 90 days from date of issuance, after which time they will expire. A Member may redeem his/her earned and unexpired movie ticket online at studiomoviegrill.com and at participating Studio Movie Grill locations by presenting his/her SMG Access information in connection with a purchase.
f. Anniversary Gift. An “anniversary gift” will be automatically loaded onto the Member’s account on the Member’s SMG Access loyalty program sign-up anniversary. SMG Access Cast will receive 50 Points on each anniversary. Points added to a Member’s account will be determined based on the Member’s Membership level during the previous year.
g. Birthday Gift. If a Member provided a date of birth, a “birthday gift” will be automatically loaded onto the Member’s account on the birth date that is entered into the Member’s profile. SMG Access Cast will receive 50 Points on their birthdays. Points added to a Member’s account will be determined based on the Member’s Membership level on his/her birthday.
i. Other Benefits. From time to time, Studio Movie Grill, at its discretion, may offer additional benefits and events to its Members. For example:
- At any given time Studio Movie Grill may sponsor sweepstakes. Each sweepstakes will have its own set of terms and conditions; SMG employees and family members are not eligible to win. Depending on the sweepstakes, SMG Access Members may receive automatic entry with each use of their account numbers.
- At any given time Studio Movie Grill may host a special SMG Access Members’ only movie screening at select theatres in certain markets. In order to take part when a screening becomes available, Members must be opted in to receive email notifications. If selected to participate, Members will be notified of these screenings via email.
- At any given time Studio Movie Grill may provide eligible Members with Point promotions. Each promotion will have its own set of terms and conditions and may require the SMG Access Member to opt-in to the promotion. Members will be notified of the promotions via email and/or SMS.
j. SMG Access Membership ID Number. To be eligible for Membership benefits and to earn Points and other rewards, your Membership ID number must be (i) presented when purchasing tickets at the box office, (ii) entered when prompted at our in-theatre kiosks, or (iii) entered into the appropriate area of studiomoviegrill.com for purchases. It is the Member’s responsibility to present his/her Membership ID number at the time of the transaction as a condition to receive Points and other benefits or rewards.
To earn or apply rewards or benefits, the Membership account must be active at the time of purchase. Memberships will NOT be credited retroactively for purchases made without an active Membership account and Membership ID presented at the time of purchase.
Studio Movie Grill is not responsible for the use or redemption of rewards or benefits from an account that has been lost, stolen, or otherwise used without Member’s permission.
All rewards are the property of Studio Movie Grill.
5. MANUAL ADJUSTMENTS
If upon the entry of an SMG Access Membership ID, the computer is inaccessible or if the Member forgot his/her Membership ID, original ticket stubs may be presented for credit during the next theatre visit or by contacting SMG Guest Services. Receipts or ticket stubs are required for manual adjustments. No more than two manual adjustments will be allowed per account in a single calendar month. Manual adjustments will not be made for purchases made beyond 30 calendar days from date of original purchase. SMG reserves the right to refuse manual adjustments in the event of suspected abuse of the Program or fraud.
To earn or redeem rewards or benefits, the Membership account must be active and the Membership ID must be available at the time of purchase. Members will NOT be credited retroactively for purchases made without an active Membership at the time of purchase.
6. PAYMENTS AND REFUNDS OF SITE PURCHASES
In using the Site, you agree to pay the amounts owed to Studio Movie Grill via Visa, MasterCard, Discover, and American Express credit cards only. At this time, we are not accepting any other method of payment.
Please visit https://www.studiomoviegrill.com/Help/Contact-Us for full refund policy and questions. All Points that a Member has earned for the purchase that is being refunded will be deducted from the Member’s accumulated Point balance.
7. DISCLAIMERS; LIMITATION OF LIABILITY
USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED REWARDS AND BENEFITS IS AT MEMBER’S SOLE RISK. THE MEMBERSHIP REWARDS AND BENEFITS ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. STUDIO MOVIE GRILL AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY REWARDS OR BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. GOVERNING LAW
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles.
9. BINDING ARBITRATION
Any controversy, claim, or action arising out of or relating to this Agreement (including any breach hereof) or the Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only our individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. The foregoing shall not preclude Studio Movie Grill from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and you of the Program with respect to the Program and supersedes any other agreements, statements or representations. Section headings and captions contained in this Agreement are inserted only as a matter of convenience, and in no way define, limit, or extend the scope or intent of this Agreement or any provision thereof. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. Any user of any portion of the SMG Access Program is deemed to have accepted the terms and conditions of this Agreement.
11. CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the SMG Access section at studiomoviegrill.com. Any change shall take effect immediately upon posting, unless otherwise provided. You may view the current version of this Agreement at any time online at studiomoviegrill.com. You may also obtain a copy at any Studio Movie Grill location or by calling Guest Services.