AFIN MEMBERSHIPS, PRODUCTS, AND WEBSITE Rules, Terms, and Conditions of Use
Updated: 4/22/2020 draft
Article #: 145PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
AFIN TECHNOLOGIES, INC., A DELAWARE CORPORATION, AND ITS AFFILIATES, LOCATED AT 1401 CROOKS ROAD, SUITE 150, TROY, MICHIGAN 48084 (““AFIN” AKA “ENTERTAINMENT”, AND, “SAVERSGUIDE”) OR ENTERTAINMENT® BUSINESS AFFILIATE (“AFFILIATE”), COLLECTIVELY “ENTERTAINMENT” PROVIDES YOU ACCESS AND USE OF AFIN MEMBERSHIPS, PRODUCTS, SERVICES, AND WEBSITES SUBJECT TO YOUR COMPLIANCE WITH THESE RULES, TERMS AND CONDITIONS OF USE ("Terms"). BY ACCESSING, BROWSING AND USING THESE WEBSITES ("Site"), YOU AGREE TO BE BOUND BY THE TERMS AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND APPLICABLE LAWS EACH TIME YOU USE THESE SITES, OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU SHOULD NOT USE THESE SITES. ENTERTAINMENT AND YOU MAY BE REFERRED TO HEREIN INDIVIDUALLY AS A “PARTY” AND COLLECTIVELY AS THE “PARTIES.”
AFIN GRANTS YOU ACCESS TO THE SITE, CONDITIONED UPON YOUR ACCEPTANCE OF THESE RULES, TERMS AND CONDITIONS OF USE (THE "TERMS").
If at any time after reviewing or using the App or Site you wish to terminate such use or this Agreement, you must uninstall and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your Device before you uninstall, remove or cease to use the App can still be used.
1. Contact Us
If you are experiencing difficulties using the Site, please contact us:
Email Customer Service link at https://memberservices.entertainment.com.
Write us at: Entertainment ATTN: Customer Service 1401 Crooks Road, Ste. 150 Troy, MI 48084
THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENTERTAINMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITE. ENTERTAINMENT DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ENTERTAINMENT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ENTERTAINMENT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF ENTERTAINMENT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ENTERTAINMENT.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTERTAINMENT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO ENTERTAINMENT’S OPERATION OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENTERTAINMENT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO ENTERTAINMENT’S OPERATION OF THE SITE EXCEED $100.
THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR ENTERTAINMENT’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD IN CONNECTION WITH OPERATING THE SITE.
4. Applicable Law, Venue and Limitation of Actions
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and entirely performed within Michigan, without resort to its conflict of law provisions. Regardless of where you access the Site, you agree that all Claims arising out of or relating to these Terms shall be resolved through final and binding arbitration in Troy, Michigan administered by a single AAA arbitrator in accordance with the Federal Arbitration Act, U.S. Code, Tit. 9, § 1 et seq. “Claims” means all Party disputes against the other Party or its officers, directors, employees or agents, arising from this Agreement or its termination, whenever asserted including, but are not limited, to claims for: breach of contract or covenant; tortious conduct; violation of any law, ordinance, regulation or rule; and discrimination or harassment. All Claims must be brought within two years from when the Claim first arose. This Agreement does not apply to claims: before administrative agencies, where arbitration cannot lawfully be compelled; for benefits where the plan specifies a procedure inconsistent with this Agreement. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such arbitration over any suit, action or proceeding arising out of these Terms.
5. Change of Terms and Policies
Entertainment may modify these Terms at our sole discretion from time to time, and only Entertainment has the right to do so. If the Terms are changed, we will post the new Terms on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
6. Website and Apps
The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be different than the laws that apply to the Site. Accessing the Site from outside the United States is done at your own risk. You are responsible for compliance with jurisdiction laws.
A. License & Site Access
ENTERTAINMENT grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials, and; (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of ENTERTAINMENT or any third party. You may not use any meta tags or any other "hidden text" utilizing ENTERTAINMENT’s name, trademark, or product name without our expressed written consent. "Site Materials" means all materials on the Site, including, without limitation, all ENTERTAINMENT, merchant or other third-party trademarks, trade dress, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators fully prosecuted.
B. Website Changes, Misprints, Errors & Cancellations
Subject to applicable law, we: (a) cannot guarantee that memberships, products or services advertised or offered on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities made available; (d) do not warrant that the Site Materials are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your order. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase, you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
C. Passwords & Security
If you use a password to access the Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, then you should notify ENTERTAINMENT immediately. ENTERTAINMENT reserves the right to take all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. While ENTERTAINMENT takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when ENTERTAINMENT communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. ENTERTAINMENT may rely on the authority of anyone accessing your account or using your password, and in no event, will ENTERTAINMENT be held liable to you for any liabilities or damage resulting from or arising out of: (i) any action or inaction of ENTERTAINMENT under this provision; (ii) any compromise of the confidentiality of your account or password, and; (iii) any unauthorized access to your account or use of your password.
D. Intellectual Property
All Site Materials are owned by us, merchants, and others and are protected by United States and international copyright, trademark and other laws.
i. Trademarks - ENTERTAINMENT®, and other registered trademarks owned by ENTERTAINMENT, merchant and other third-party trademarks, and their respective designs and/or logos are either trademarks or registered trademarks of ENTERTAINMENT or the third party, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ENTERTAINMENT or other respective owner. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of ENTERTAINMENT, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ENTERTAINMENT. All other trademarks, registered trademarks, product names and company names or logos mentioned are the property of their respective owners.
ii. Restrictions on Use - Except as stated in the Terms, none of the materials and intellectual property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ENTERTAINMENT or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of ENTERTAINMENT - is strictly prohibited.
- To notify us of a copyright infringement, write to us at:
ATTN: Legal Department
1401 Crooks Road, Ste. 150
Troy, MI 48084
- Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- 1) The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 2) A description or identification of the copyrighted work you claim has been infringed.
- 3) A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
- 4) Your address, telephone number, and email address.
- 5) A statement that you have a product faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 6) A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on the Site is licensed to you by ENTERTAINMENT on a non-exclusive and limited basis. ENTERTAINMENT shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
- Links to the Site - You are granted a limited, non-exclusive right to create a link to the Site homepage only. Such link must not portray ENTERTAINMENT or any of its memberships, products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not frame ENTERTAINMENT trademarks, logos or other proprietary information, images from the Site, the content of any text or the layout/design of any page, or forms contained on a page without ENTERTAINMENT’s express written consent. All other linking is prohibited. Except as noted above, you have no right or license by implication, estoppel, or otherwise in any ENTERTAINMENT or third-party patent, trademark, copyright, or proprietary right.
- Third Party Links - ENTERTAINMENT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
- a. Your Information
By registering on the Site, you agree your information is current, accurate and complete.
- b. Additional Submissions
c. Restrictions for Submissions
- 1. Upload to, distribute or otherwise publish through the Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- 2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- 3. Upload or transmit any Content that may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
- 4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- 5. Upload to, distribute or otherwise publish through the Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent products, services, schemes or promotions.
- 6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
- Information We Collect About You
- In General. The information we obtain enables us to customize the services we offer you to deliver targeted advertisements and to measure the overall effectiveness and continually improve our services. The information may be stored in servers located in the United States and other countries around the world.
- Information you provide. We may collect and store information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, birth data and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender and age, other demographic information and your Entertainment® card number. We use the information that you provide for such purposes as responding to your requests, customizing future discounts for you, improving our offerings, and communicating with you.
- We may also obtain information about you that you provide from other sources: advertising companies, business partners, contractors or other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
- Cookies. You can learn more about cookies at the following third-party websites:
- AllAboutCookies: http://www.allaboutcookies.org/
- Network Advertising Initiative: http://www.networkadvertising.org/
- E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Entertainment if your computer supports such capabilities. We also compare our customer list to lists received from other companies, to avoid sending you unnecessary messages. If you do not want to receive e-mail or other mail from us, please adjust your communication preferences or select the "Opt Out" link found in the footer of an email communication.
- Third Parties. Information collected from you by third parties using the Entertainment Website. We may allow third-parties to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org). We also recommend that you consult the third-party privacy policies.
- With Whom We Share Your Information. We want you to understand when and with whom we may share information we have collected about you or your activities on our website or while using our services. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Business Transactions and Promotional Offers: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Other situations: We also may disclose your personal information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
- Aggregated and Non-Personal Information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, to conduct general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to improve website content and services.
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- How You Can Access Your Information. If you have an account with us, you may review and update your information by logging into “My Account”. You can also contact us to update your information. More information about how to contact us is provided below.
- How We Protect Your Personal Information
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
- Protection by You. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm to learn more about protecting against identity theft.
- Visiting our Websites from Outside the United States
- Consent to Email Communication
- Book & Digital EMemberships may be acquired from Entertainment via our Affiliates, online store, https://shop.entertainment.com, or from a Fundraiser. Membership Terms, and fees (if any) for such EMemberships may vary.
- Offers include. Local discounts and savings online, mobile and printable from the Entertainment® Program (available for Apple® and Android® devices) with a registered membership.
- EMembership access to offers may vary from those found in the Entertainment consumer website or the Entertainment® Book based upon the Affiliate membership program and/or merchant participation.
- Offer Rules of Use
- READ EACH OFFER CAREFULLY for any conditions, restrictions and exclusions. Offer conditions supersede the Rules of Use.
- Present your coupon and/or mobile device to a participating merchant at the time you request your bill.
- The merchant will retain your printed coupon. You will be asked to show your phone when redeeming mobile offers.
- Discounts exclude tax, tip and/or alcohol unless expressly stated otherwise and allowed by law.
- Expiration Dates:
i. Printable offers from our website(s) expire 14 days from the date that the offer was printed or as stated on the coupon.
ii. Mobile offers are valid for ten minutes from the redemption being completed.
- Offers are not valid with other discounts and are nontransferable.
- Special discounts for car rentals, airfare and select hotels are available by using codes contained on offers and/or by identifying yourself as an Entertainment® member when making reservations. You can also complete bookings through the link to merchant's websites accessed via the entertainment.com website or mobile app.
- One coupon or mobile device offer may be used for every two people. Up to three coupons or mobile offers may be used per party unless the offer states otherwise.
- Some offers state that they allow 1–4 people; others up to 8. When an offer is for a specific percentage off the total dining bill, one bill per table will be totaled and only one coupon per table is allowed.
- Offers are subject to the maximum dollar value stated. The least expensive item(s), up to the maximum value stated, will be deducted from your bill, or you will receive a percentage off the designated item(s), up to the maximum value stated.
- When dining, tipping for satisfactory service should be 15–20% of the total bill before the discount amount is subtracted.
- For restaurants offering a complimentary “menu item” when a second is purchased, a “menu item” is a main course or entrée item.
- Dining offers are not valid on children’s menu items, discount-priced daily specials, senior citizen rates, early bird specials, carryout/takeout, and buffets, unless otherwise noted.
- Distinctive Dining Menus are a sampler – prices and menu are subject to change.
- Major holidays are excluded: New Year’s Eve/Day, Valentine’s Day, St. Patrick’s Day, Easter, Mother’s Day, Father’s Day, Thanksgiving and Christmas Eve/Day. Additionally, for Canada: Victoria Day, Canada Day, Labor Day and Boxing Day. Please check with the merchant regarding other regional or local holidays that might be excluded.
- For Louisville, KY: Offers not valid during Derby Week or Derby-related events.
- Coupons may not be valid in the city of San Diego. See San Diego Municipal Code 33.2713.
- For Tennessee and Wisconsin: Redemption may be subject to certain conditions and limitations, which must be stated on the coupon. You are entitled to inspect the coupon before purchase.
- Coupons are not gift cards.
- The barter, trade, sale, purchase or transfer for compensation of any portion of the Entertainment® program, cards or coupons, is strictly prohibited. Coupons void if purchased, sold or bartered for cash. Coupons void if photocopied or reproduced.
- An Entertainment membership and/or its offers are intended for the personal use of the individual purchaser and are not valid with other discount offers or in other cities unless otherwise specified. The use of this website or any of its components or offers for advertising purposes, in any form or fashion, is strictly prohibited. Any use of an offer in violation of the Terms will render the offer VOID and Entertainment will pursue all legal remedies available to it by law. Offers are void where prohibited, taxed or restricted by law. Entertainment, and/or its parent or subsidiaries, will not be responsible if any establishment breaches its contract or refuses to accept the coupon/mobile offer; however, it will attempt to secure compliance.
- EMembership Conditions. Emails and other communication related to Entertainment® and your Account will be sent to you (Examples: terms, membership updates/announcements).
- Entertainment, and/or its parent or subsidiaries, will not be responsible if any establishment breaches its contract or refuses to accept the EMembership Card/coupons/mobile offer; however, it will attempt to secure compliance.
- EMembership Changes
Entertainment may change any aspect of EMembership, without notice to you. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER A CHANGE MS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
By using the Site, you agree not to do any of the following:
E. Policies and Enforcement. All access and use of the Site is governed by and subject to the Terms. Entertainment may:
i. Monitor any activity & content associated with forums and other areas on the Site.
ii. Access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications.
iii. Disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a product faith belief that such disclosure is justified or required in an emergency.
iv. Investigate any reported violation of our policies or complaints.
v. Take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that ENTERTAINMENT believes in its sole discretion may violate applicable law, the Terms or a third party's rights.
Entertainment takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter
F. Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless ENTERTAINMENT and its parents, employees, agents and representatives from any third party claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your conduct, your actual or attempted violation of these Terms or any applicable law, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site on your behalf or arising out of your violation of your obligations under Section D(4)(f).
G. Third Party Websites
We provide links and access to third party websites or services that contain information that is provided as a service to those interested in the information. ENTERTAINMENT neither regularly monitors nor assumes responsibility for the content of third parties' statements or websites. ENTERTAINMENT does not endorse or adopt these websites, or any information contained on such websites. ENTERTAINMENT makes no representations or warranties whatsoever regarding their accuracy or completeness.
The Site is designed for and intended for use by adults. If you are under 18, you may use the Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site by children, minors and others under your care. You agree to be responsible for their use of the Site.
7. Privacy Notice
8. ENTERTAINMENT® PROGRAM
Entertainment® products provide unbeatable local and national discounts throughout the U.S. and Canada. We deliver convenient, high value 2-for-1 and up to 50% off coupons to consumers looking to spend less on the things they love to do – saving on dining, attractions, activities, shopping, services, travel and more. Access to these offers requires a valid Entertainment® membership (“EMembership”).
8. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines that are incorporated will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents, and; (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
ENTERTAINMENT reserves the right, without notice and at its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms or its policies. Termination may be caused by conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the EMembership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Upon termination, these Terms shall still apply.