These Terms and Conditions govern use of the B&B website (bbtheatres.com), the B&B mobile app, and the B&B Backstage Loyalty Program. The B&B website and mobile app (together, the “Site”) is an online store where you can participate in the B&B Backstage Loyalty Program and purchase movie tickets, gift cards, discounts, and certain merchandise provided by, or through, B&B Movie Theatres Operating Company, Inc. (“B&B,” “us,” “our,” “we”) subject to your compliance with the Terms and Conditions set forth below.
The B&B Backstage Loyalty Program is operated by B&B. As a member of the B&B Backstage Loyalty Program (“Member”), you are able to collect points and receive rewards and access other Member benefits (see below for details regarding enrollment in and the benefits of the B&B Backstage Loyalty Program). A summary of these terms is available at the B&B Backstage Loyalty Program page but the summary does not modify these terms.
1. Acceptance of Terms of Use
a. Please read the following information carefully before using the Site or the B&B Backstage Loyalty Program. By clicking “I agree to the Terms and Conditions” you agree that you have read and understand these Terms and Conditions and are bound by them, as changed periodically. B&B reserves the right, in its sole discretion, to modify, alter, or otherwise update this agreement at any time. By clicking “I agree” when using the B&B Backstage Loyalty Program webpage at bbtheatres.com or the B&B Backstage Loyalty Program page in the B&B mobile app (together, “B&B Backstage Loyalty Program Page”), after any changes to these Terms and Conditions have been posted, you accept those changes.
b. Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify B&B to terminate your Account or you must delete the B&B mobile app.
c. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND B&B WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
2. Enrollment
a. Enrollment in the B&B Backstage Loyalty Program: To enroll in the B&B Backstage Loyalty Program you must meet the terms for participation established by B&B. Once your enrollment is processed and accepted by us, we will establish an account in your name (“Account”) and assign you a member identification number (“User ID”). Access to your Account is through the B&B website or the B&B mobile app. Enrollment is limited to one Account per member per email address.
b. Participation: Enrollment, membership, and all related benefits of B&B Backstage Loyalty Program are offered at our discretion.
c. Currently membership in the B&B Backstage Loyalty Program is free. B&B reserves the right to change the Membership fee at any time but changes will apply only on renewals or to new memberships.
d. The Membership term is one year from the date of payment/signup for Membership enrollment. If you earn points using the B&B Backstage Loyalty Program, then you are automatically renewed for another year. If you have not earned points using the B&B Backstage Loyalty Program, then you will need to renew your Membership within the current term to extend the existing Membership by one year from end of the current term. To renew your account, make a qualifying purchase using your Backstage Pass account. If the membership is not renewed, the Member’s account will be reset to $0.00 and no balance will be carried forward. When an expired Membership is renewed after the grace period, the new term begins on the date of renewal and expires one year from the renewal date.
e. By enrolling in the Program, Members agree to receive advertising, marketing materials and other Program communications, unless expressly disallowed as a profile preference. We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, e-mail address and telephone number. Members can change their account information by (i) requesting an update from a crew member at the box office or Guest Service information desk of any B&B Theatres location in the US (ii) logging in to the loyalty account online. We cannot assume any, and disclaim all, liability for correspondence, mail or e-mail that is lost, delayed or misdirected.
f. Membership is valid only at participating B&B Theatres US locations listed at www.bbtheatres.com. 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. B&B Theatres 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 B&B Theatres immediately via contact us on our website https://www.bbtheatres.com/contact-us/.
g. Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Member website, www.bbtheatres.com. Each Member has the responsibility for the use and protection of his/her own password and username to gain access to the loyalty website
i. We will have no responsibility for Member’s inability to access such restricted portions of such website if Member has lost or forgotten a username, password or other necessary code.
h. Entities or persons using the Program for profit are not eligible to become or remain Members or to accumulate Rewards. Membership is not available to organizations such as, including but not limited to businesses, churches, daycares, etc. Abuse of the Program, including failure to follow this Agreement, may result in cancellation of the Member’s Account, future disqualification from participation, and forfeiture of all rewards 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, B&B Theatres reserves the right to take appropriate legal action as it deems to be necessary and will be entitled to recover damages, attorneys’ fees and court costs as allowed by applicable law.
i. Members have the right to cancel their Membership at any time. If a Member cancels his/her Membership, he or she will be entitled to a full refund of the Membership fee for the then current Membership period, if the cancellation occurs during the first thirty (30) days of the then current Membership term and such Member has not received or used benefits from the program during such 30 day period. No refunds will be available after such thirty (30) day period (unless we terminate the Program in its entirety (see subsection below regarding Program termination)).
j. Members have a right to cancel by:
i. Contacting us at https://www.bbtheatres.com/contact-us/.
ii. Presenting their Member phone number at the box office or Guest Service information desk of any B&B Theatres location in the US
k. We may terminate a Membership, including any associated accounts, without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Membership would violate any provisions of this Agreement or applicable law, or would otherwise be harmful to our interests. In the event of any such termination (1) Member will be entitled to a pro rata refund of the Membership fee for the current membership term if termination occurs in the first 30 days of Membership term, and (2) Member’s account balance will be reset to $0.00 and existing rewards will be valid until printed expiration date, unless earned rewards were a result of fraudulent behavior. Rewards earned as a result of fraudulent behavior will be forfeited. Posting or disclosing Member directed promotional offers or coupons or your member number on websites or reproducing for use by third parties or public websites is prohibited and may result in Membership cancellation.
l. We may terminate or alter any or all of the 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 will either maintain Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current one-year Membership period.
m. Members who cancel voluntarily may not reactivate the Account but are eligible to open a new Account without the benefit of the previously accumulated balance. At the end of one year (12 months) from time of Membership enrollment or renewal(s), the Benefits of the Program will not be accessible and we may cancel the account.
n. You consent to our collection and use of your personal information in accordance with our Privacy Policy. https://www.bbtheatres.com/privacy-policy
o. B&B reserves the right to unilaterally modify, suspend, or discontinue all or any portion of the B&B Backstage Loyalty Program in accordance with these Terms and Conditions. The financial terms of the B&B Backstage Loyalty Program and certain Rewards, as described below, are subject to change, including for example, for special or limited offers, so check the B&B Backstage Loyalty Program page often.
p. You may not sell, exchange, charge or otherwise dispose of any points, rewards, or Member benefits except in accordance with these Terms and Conditions.
3. Rewards under the B&B Backstage Loyalty Program
a. The B&B Backstage Pass Program entitles Members to the following rewards (“Rewards").
b. Members earn 0.5 point (“Points”) for every one dollar spent on admission and concession purchases (subject to some limitations) prior to applicable sales tax. Earn 100 points at participating B&B Theatres locations and earn a $5 virtual voucher. The $5 virtual reward will appear in the Member’s account within approximately 30 days from the purchase date.
c. To earn points, rewards, or apply benefits, the Membership account must be active and in good standing at the time of purchase. Members will NOT be credited retroactively for purchases made without an active and good standing Membership at the time of purchase.
d. Members are also eligible for TREAT YOURSELF TUESDAYS! Discounts.
e. Certain Rewards are offered on a first-come, first-served basis due to limited quantities. Available Rewards are subject to change and may be subject to age-related restrictions solely at our discretion.
f. From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions and rules published at the time of such event and applicable state laws.
g. Membership rewards ( “Rewards”) (i) are nontransferable, except to a new phone number for the same member. (ii) have no cash value, (iii) may not be purchased, and (iv) are not redeemable for cash under any circumstance unless required by law. Accumulated Rewards do not constitute property of the Member, nor are accumulated Rewards transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Rewards and other benefits of the Program may be taxable to the Member where required by law.
h. Rewards may not be used toward the purchase of B&B gift cards or alcohol, VIP cards, VIP tickets, Group Sales, and Bulk Gift cards over $300.
i. B&B Theatres is not responsible for the use or redemption of rewards from an account that has been lost, stolen or otherwise used without Member’s permission.
j. All Rewards are the property of B&B Theatres.
3.1 Earning Points: Points are earned through making purchases on the Site and at participating B&B locations. 0.5 point will be awarded for every $1 purchased and 100 points will earn a $5 voucher.
In order to qualify to accrue Points, you must identify yourself as a Member by presenting your User ID or required information when dealing with the Site and B&B locations.
Points that you accrue as a result of your transactions with the Site and B&B locations will be posted to your Account. Points will normally be posted to your Account within twenty-four (24) hours from the time of your purchase from the Site or B&B location, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your Points are properly credited. If proper credit does not appear on your activity statement, you should contact us via the Site and then provide any requested documentation to verify your purchase. We reserve the right to determine whether Points should have been posted to your Account and to adjust your Account accordingly.
We may refuse to record or honor Points in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Points if the point-issuing B&B location tells us to cancel the Points (for example, because you returned or did not pay for products or services for which the points were issued). Neither we nor any B&B location is responsible for any Points or offer which is no longer in effect.
If you believe that any Account summary showing the number of Points in your Account is in error, you must notify the point-issuing B&B location, or contact us through bbtheatres.com, within thirty (30) days of the date the Points were or should have been issued or it will be deemed correct. You may be required to submit documentation (such as receipts) to support your claim. Members are responsible for emailing contact@bbtheatres.com to request Rewards be added back for accidental redemption. However, we do not guarantee that Points will be added back as requested.
Points are not redeemable for cash. Points are not eligible for re-sale or exchange. Points and reward vouchers may not be used towards the purchase of a Gift Card or alcohol. Points and reward vouchers may not be used toward the purchase of B&B gift cards, VIP cards, VIP tickets, Group Sales, and Bulk Gift cards over $300.
There is a 24-hour daily Points cap operating as follows: Maximum qualifying purchases per day is $500 per account. Members will not receive credit for purchases greater than $500 per day per account.
The B&B Backstage Loyalty Program Points and rewards are not redeemable for discounts wherever prohibited by state law, including, for example, for alcoholic beverages, dairy, etc.
The value of points given will be equivalent to the pre-tax dollar value of your purchase, rounded up or down to the nearest whole dollar.
Points earned for purchasing an advance ticket are placed in a “pending status” basket until the showtime has passed. If the ticket has not been refunded, the Points will be added to the Account. If the ticket has been refunded, the Points will be removed from the “pending status” basket and not added to the Account.
The following purchases or products are not eligible toward Earning Points or Rewards.
3.2 Adjustments: In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to the B&B Backstage Loyalty Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding points have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your points and/or rewards earned through the B&B Backstage Loyalty Program may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you received upon redemption of points that are subsequently deducted from your Account.
3.3 Redemption of Points; Rewards: Some Rewards may be offered on a first-come, first-served basis due to limited quantities. A Member may redeem his/her earned and unexpired Rewards only at participating B&B Theatres locations in the U.S. by (1) presenting his/her phone number in connection with a purchase and (2) notifying the B&B Theatres employee at the time and point of sale that they want to redeem the Reward.
Points redeemed are applied on a first in, first out basis.
Rewards earned may be redeemed in any future transaction during the term of the Program, subject to exceptions contained within this Agreement and may not be used or redeemed as a part of the same transaction where the Reward was earned.
Members can redeem applicable Rewards for all products sold by B&B, with certain exceptions stated below, as part of the B&B Backstage Loyalty Program. B&B Backstage Loyalty Program Rewards issued to members will expire 90 days after issuance.
If a ticket purchased using a Reward is refunded, the Reward will revert back to the original expiration date at issuance as applicable to the B&B Backstage Loyalty Program membership.
Earned rewards are independent of other special offers, such as free tickets or free candies that have limited expiry windows.
Rewards will expire if not redeemed within a 90 day period from date credited to the Account. At the time of expiration, the Rewards will be forfeited. Membership is not terminated upon expiration and forfeiture of Rewards, and the Member can continue to accrue points through his/her Account.
We will not be taken to have waived any of our rights even if we allow redemption of points or honor Rewards when not required.
3.4 Discontinuation; Suspension; Account Closure: To be considered active, a Member must have scanned his/her User ID or earned a Reward within the preceding twelve months. We may, in our sole discretion, at any time and without prior notice:
(i) Discontinue transmitting all or any part of the Content (as defined below) related to the B&B Backstage Loyalty Program;
(ii) Change, discontinue or limit access to the B&B Backstage Loyalty Program or any functionality, feature or other component of the B&B Backstage Loyalty Program; or
(iii) Suspend or terminate your use of or access to your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
You may elect to close your Account at any time by notifying our guest services department at Contact Us. Upon closure, any rights to redeem points from that Account are lost.
3.5 Termination, Changes, and Breach: We may change any aspect of the B&B Backstage Loyalty Program including issuing and redemption procedures or any Rewards in any respect, all without notice. For example, but without limitation, we may add, delete or change participating B&B locations, time limits for collection, redemption or use of points or Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If:
no points are recorded in your Account for twelve (12) months;
you commit fraud;
you misrepresent any information;
you violate any Terms and Conditions;
you abuse your B&B Backstage Loyalty Program privileges; or
you act in any other way to the detriment of us, our participating B&B locations, or the B&B Backstage Loyalty Program,
we may, without affecting our other rights, terminate your enrollment and/or cancel your points and disclose only appropriate information requested by proper authorities. If points expire or are cancelled for any reason, they become void without compensation.
4. Use of the Site and the B&B Backstage Loyalty Program
4.1 Disclaimers:
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE AND IN THE B&B Backstage Loyalty PROGRAM ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. B&B DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR THE B&B Backstage Loyalty Program GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B&B WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE OR THE B&B Backstage Loyalty PROGRAM. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE AND IN THE B&B Backstage Loyalty PROGRAM IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, B&B CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
NO POINTS MAY BE REDEEMED UNTIL THEY HAVE BEEN CREDITED TO THE MEMBER'S ACCOUNT. POINTS AND REWARDS HAVE A VALUE OF ONE 100TH OF ONE CENT, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING B&B LOCATION. Transactions upon which points are earned or redeemed and all Rewards are subject to all applicable legal rules and the terms and conditions set by the participating B&B locations, the Site, and third party websites accessed by a link in the B&B Backstage Loyalty Program page.
B&B CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE B&B Backstage Loyalty Program.
4.2 No Warranty: THE SITE AND THE B&B Backstage Loyalty Program, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, B&B MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, THE B&B Backstage Loyalty Program, OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. B&B ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE B&B Backstage Loyalty Program, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. B&B SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE OR THE B&B Backstage Loyalty Program ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF B&B.
4.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL B&B HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THE B&B Backstage Loyalty Program OR YOUR PARTICIPATION IN THE B&B Backstage Loyalty Program; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING MOVIE REWARDS OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM POINTS; (III) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE B&B Backstage Loyalty Program MADE BY A B&B LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON; (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF A B&B LOCATION; OR (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MERCHANDISE. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $20, whichever is less.
4.4 Indemnification: You agree to indemnify and hold B&B harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs. B&B reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by B&B in the defense of any claim. You shall not in any event settle any claim without the written consent of B&B.
4.5 Member Obligations; Prohibited Actions: You agree that you will not, and will not permit others to:
(i) Provide any unauthorized third party with access to the Site, the B&B Backstage Loyalty Program or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to B&B (collectively, "Content") by any means;
(ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site, the B&B Backstage Loyalty Program or any of the software applications used by you in connection with your use of the Site or the B&B Backstage Loyalty Program;
(iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site or the B&B Backstage Loyalty Program;
(iv) Disable any licensing or control features of the Site;
(v) Introduce into the Site or into the B&B Backstage Loyalty Program any virus or other code or routine intended to disrupt the Site or the B&B Backstage Loyalty Program, alter or delete its Content, access confidential Content on the Site or the B&B Backstage Loyalty Program, retrieve or record information about the Site or its users, or interfere with the operation of the Site or the B&B Backstage Loyalty Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
(vi) Merge the Site or the B&B Backstage Loyalty Program with another program or create derivative works based on the Site or the B&B Backstage Loyalty Program;
(vii) Post any material in any form whatsoever on the Site or within the B&B Backstage Loyalty Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
(viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site or the B&B Backstage Loyalty Program to others;
(viii) Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or the B&B Backstage Loyalty Program, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or the B&B Backstage Loyalty Program; or
(ix) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or the B&B Backstage Loyalty Program. Except as expressly provided herein, B&B reserves all rights with respect to the Site and the B&B Backstage Loyalty Program, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with the Site and with the B&B Backstage Loyalty Program and acknowledge that the Site, the B&B Backstage Loyalty Program and all rights therein and goodwill pertaining thereto belong exclusively to B&B. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the B&B Backstage Loyalty Program or thereafter:
(i) Attack the title or any rights of B&B in or to the copyrights, trademark, and other intellectual property in the Site or the B&B Backstage Loyalty Program;
(ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or the B&B Backstage Loyalty Program;
(iii) Claim (adversely to B&B or anyone claiming rights through B&B) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or the B&B Backstage Loyalty Program;
(iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or Movie Rewards or bring the Site or the B&B Backstage Loyalty Program into disrepute;
(v) For its benefit, directly or indirectly, register or apply for registration of B&B’s trademarks or any mark which is, in B&B’s reasonable opinion, the same as or confusingly similar to any of B&B’s trademarks; and/or
(vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in B&B’s reasonable opinion, the same as, confusingly similar to or incorporates any of the B&B’s trademarks.
4.6 Copyright; Trademarks: B&B, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site and the B&B Backstage Loyalty Program Page. Except as provided in these Terms and Conditions, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Site or the B&B Backstage Loyalty Program Page without the prior written consent of B&B. Systematic retrieval of content from the Site or the B&B Backstage Loyalty Program Page to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site or the B&B Backstage Loyalty Program Page without written permission from B&B is strictly prohibited.
Nothing on the Site or the B&B Backstage Loyalty Program Page shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site or the B&B Backstage Loyalty Program Page. Unless otherwise specified, the Site and the B&B Backstage Loyalty Program Page are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site or the B&B Backstage Loyalty Program Page for your personal use only. Copying or downloading material from the Site or the Movie Rewards Page does not transfer title to any material on the Site or the B&B Backstage Loyalty Program Page to you. If you copy or download any information or software from the Site or the B&B Backstage Loyalty Program Page, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of B&B or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain B&B’s written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes.
You agree to grant B&B an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site or the B&B Backstage Loyalty Program Page by you.
B&B reserves all rights to copyright and trademark ownership of its material at the B&B Backstage Loyalty Program Page and will enforce such rights to the full extent of the law.
4.7 Social Media Features: The Site, including the B&B Backstage Loyalty Program Page, may provide certain social media features that enable you to:
Link certain content on the Site to certain third-party websites.
Send emails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw without notice any linking permission. We may disable all or any social media features and any links at any time, without notice, in our discretion.
4.8 Privacy; Collection and Use of Certain Information: These Terms and Conditions incorporate our Privacy Policy. https://www.bbtheatres.com/privacy-policy
4.9 Passwords: When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one household. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will allow access to the Site and the B&B Backstage Loyalty Program only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither B&B nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s account, username or password without permission. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify B&B as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT B&B HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.
If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site or the B&B Backstage Loyalty Program that would damage, interfere with or unreasonably overload the Site and/or the B&B Backstage Loyalty Program.
4.10 Exclusions and Limitations; Consumer Protection Notice: If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, B&B reserves all rights, defenses and permissible limitations under the law of your State of residence.
4.11 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to B&B via the payment options offered on the Site.
If you purchase tickets on the Site with a registered account you can receive a refund using the link in your confirmation email for the purchase price of the ticket (excluding any service charge) up to two hours prior to the start of the showtime. In the rare situations when a show is cancelled, you will be entitled to a refund for the full purchase price of your tickets, including any service charges. In these situations, please notify our guest services department at Contact Us and include the theatre, movie, showtime, email address and your confirmation number.
Please refer to the FAQ page at bbtheatres.com for further details regarding the refund procedures.
4.12 Links: Although B&B controls a few hyperlinks in the Site, some links within the Site may lead to third-party sites. In addition, some Rewards can be claimed through links provided by movie studios or other third parties, which links B&B may pass through to you. B&B includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that B&B is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. B&B reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by B&B, and may have different terms of use and privacy policies, which B&B encourages you to review. B&B has no responsibility for the content of any third party web site, and provides such links on an “AS IS” basis. UNDER NO CIRCUMSTANCES SHALL B&B BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, ANY THIRD PARTY SITE.
4.13 Controlled from the United States: The Site and the B&B Backstage Loyalty Program are controlled from offices within the United States. B&B makes no representation that content or materials in the Site or the B&B Backstage Loyalty Program are appropriate or available for use in other jurisdictions. Access to the Site, the B&B Backstage Loyalty Program, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site or the B&B Backstage Loyalty Program from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF MISSOURI WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE SITE AND the B&B Backstage Loyalty Program, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF LIBERTY, MISSOURI IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
4.14 Not Authorized to do Business in Every Jurisdiction: B&B is not authorized to do business in every jurisdiction. Information published on the Site or the B&B Backstage Loyalty Program may contain references or cross-references to goods or services that are not available in your state.
4.15 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language.
4.16 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. Disputes shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Liberty, Missouri, in English or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator in accordance with the rules. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Members may choose to opt out of the agreement to arbitrate by mailing a written opt out notice (“Notice”) to B&B. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to B&B Corporate Headquarters located at 105 N Stewart Ct. Suite 200, Liberty, MO 64068 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with B&B.
4.17 Entire Agreement; Severability: These Terms and Conditions and the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the entire agreement between you and us regarding your use of the Site, your participation in the B&B Backstage Loyalty Program, your entitlement to collect and redeem points, and your entitlement to Rewards and any other benefits of the B&B Backstage Loyalty Program, and supersede all previous versions or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Site, the B&B Backstage Loyalty Program or any Reward. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. The Site, the B&B Backstage Loyalty Program, all rules and Terms and Conditions are governed by the laws of Missouri. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.
Contact Us: For further information, or inquiries about the Terms and Conditions and Privacy Policy, please contact our guest services department at contact@bbtheatres.com