Landmark Cinemas LP ( “Landmark Cinemas", "we", "our") provides a “Shout Out” webpage located at https://landmarkcinemas.com/shoutout in collaboration with VidDay Media Inc. (“VidDay”), for creating and exhibiting a personalized video message, “Shout Out”, on a Landmark movie screen prior to the purchaser’s ( “You”, “Your” or the “User”) selected movie, date, showtime and location at www.landmarkcinemas.com and successful completion and submission of the User’s “Shout Out” video 24HRS prior to the selected movie, date, and showtime.
A “Shout Out” is a :30 second User created video and each :30 second “Shout Out” video requires the selection of a movie, date, showtime, location and seat www.landmarkcinemas.com, and payment of $19.99 CDN (plus applicable taxes) by the User. The User may purchase up to 4 (four) :30 second “Shout Out” videos for their selected movie, date, showtime and location, and each :30 second “Shout Out” video requires payment of $19.99 CDN (plus all applicable taxes) by the User.
Please read these Terms carefully before accessing or using Landmark Cinemas’ “Shout Out” website (https://landmarkcinemas.com/shoutout) and any service provided by Landmark Cinemas and VidDay (collectively, the "Services"). You must accept all terms and conditions set forth in these Terms of Service (the "Terms") prior to purchasing a ““Shout Out”.”
These Terms contain information concerning Your legal rights and limitations to these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using the Services, You agree to be bound by these Terms. If You do not wish to be bound by these Terms (or any future updated version of these Terms) You may not access or use the Services.
- General
1.1 The contractual relationship between You as a User and Landmark Cinemas, and Your access to or use of the Services, are governed by these Terms.
1.2 By accessing or using the Services, You acknowledge and confirm Your full acceptance of these Terms and that You understand Your rights and obligations set forth in these Terms.
1.3 As a condition of Your use of and access to the Services, You hereby represent and warrant that:
- You, an individual consumer, are at least eighteen (18) years of age (or the equivalent age of majority in Your jurisdiction) or that You have Your legal guardian's prior consent.
- all information supplied by You via the Services is true, accurate, current, and complete.
- You possess the legal authority to enter into these Terms and to use the Services in accordance with all Terms herein.
1.4 If You do not agree to comply with these Terms, or if You are unable to enter legally binding contracts, You may not access or use the Services.
- Use of the Services
2.1 You may only use the Services in accordance with these Terms and for the sole purpose of submitting personalized “Shout Out” video messages at (https://landmarkcinemas.com/shoutout), which may, subject to the restrictions set out in these Terms, be used by Landmark for non-commercial and non-promotional purposes only.
2.2 Users may purchase a “Shout Out” video at www.landmarkcinemas.com by selecting a movie, date, time, location and seat. The User will then be offered the opportunity to purchase a “Shout Out” for the previously selected movie, date, time, and location.
2.3 With successful completion by Users of a “Shout Out” video purchase we will place a temporary hold on the User’s order and payment method. Such temporary hold will be kept until the “Submission Date” of two (1) days or 24-hours prior to the movie, date, showtime and location of the purchased “Shout Out” video. If the “Shout Out” video is not received by the Submission Date, the User’s booking will be released and the temporary hold on the payment method selected will be released.
2.4 With the User’s successful payment of their “Shout Out” video at www.landmarkcinemas.com the User will receive an email from VidDay with instructions on how to create and submit their “Shout Out” video for presentation prior to the selected movie, date, showtime, and location purchased at www.landmarkcinemas.com.
2.5 When You access or use the Services (or parts thereof) You represent and warrant that You will not breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations, or third-party rights including, but not limited to:
- take any action that is, or submit, post, share, or communicate anything that is, or that, incites or encourages action that is (explicitly or implicitly): illegal, abusive, harassing, threatening, indecent, profane, obscene, hateful, racist, derogatory, harmful to any reputation, pornographic, contains nudity or is otherwise objectionable.
- distribute or post spam or unsolicited electronic communications.
- distribute viruses, malicious software, use any worms, trojan horses, cancelbots, spyware, corrupted files, time bombs, robots, scrapers, spiders, or any other automatic means to access, damage, disrupt or interfere with the Services for any reason.
- modify any file or any other part of the Services that Landmark Cinemas/VidDay does not specifically authorize You to modify.
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large data load on our infrastructure.
- frame, mirror or otherwise incorporate any part of the Services into any other services or software without our prior written authorization.
- bypass, circumvent or interfere with any technical measures used by us to provide the Services.
- sell, buy, trade, or otherwise transfer Your User account, any personal access to the Services or any content associated with Your User account.
2.6 The User’s purchased “Shout Out” video plays approximately 10 minutes prior to the movie, showtime, date and location as selected at www.landmarkcinemas.com. We recommend You arrive at your selected movie no later than thirty (30) minutes prior to the posted showtime on the date and location selected.
2.7 Refunds will not be given to the User if the “Shout Out” video is played as per the movie, showtime, date and location selected at time of purchase at www.landmarkcinemas.com and the User is not in attendance.
2.8 If the User’s “Shout Out” video is not presented according to the date, movie, showtime, and location selected at time of purchase at www.landmarkcinemas.com, Landmark is only responsible for refunding the User the amount paid for their “Shout Out” video and is not liable for any other cost incurred, financial or otherwise.
- User Accounts
3.1 Certain use and access to the Services may require the creation and use of a User account. To create a User account, please follow the instructions provided at VidDay.com. User accounts are personal and may not be transferred to any other person or entity.
3.2 You are solely responsible for all use of the Services through Your User account. If Your User account gets lost or stolen or if You become aware of any known or suspected unauthorized use of Your User account, You are required to immediately notify Landmark Cinemas and to change your password. You are solely responsible for all use of and transactions through Your User-name and password, until such written notification is made to Landmark Cinemas at guestservices@landmarkcinemas.com.
3.3 You are responsible for taking the necessary precautions to keep Your User account, User-name, password and other login credentials strictly confidential. If You give out, disclose, or lose Your User-name and/or password, Landmark/VidDay is not liable for any damage or loss arising therefrom.
3.4 You must always provide and maintain valid, complete, and correct information to Landmark/VidDay. You are obligated to provide any documents in writing that Landmark/VidDay may find necessary to confirm the correctness of the information provided in connection with registration or verification procedures.
3.5 If You delete a User account, or if Landmark/VidDay deletes Your User account in accordance with these Terms, You acknowledge and agree that You may lose access to any data associated with Your account (including, but not limited to, any special status associated with Your account).
- Fees and Payment
4.1 A “Shout Out” is a :30 second User created video and each :30 second “Shout Out” video requires successful payment of $19.99 CDN (plus all applicable taxes) by the User. The User may also purchase up to 4 (four) :30 second videos for their selected movie, showtime, date and location, based on availability, and each :30 second “Shout Out” requires successful payment of $19.99 CDN (plus all applicable taxes) by the User.
4.2 All fees stated within the Services do not include any applicable sales taxes.
4.3 The payment methods offered within the Services are provided by third party payment service providers and the use of such third-party payment services is subject to such payment service providers’ terms of use. Please ensure that You understand and agree to all applicable terms and conditions for use of the selected payment service prior to using such third-party payment services. Landmark does not assume any liability for losses or damages incurred by You through Your use of third-party payment services.
4.4 Landmark EXTRAS loyalty members earn points for their “Shout Out” video purchase(s) at the rate of their EXTRAS membership as described at www.landmarkcinemas.com/extras. Landmark EXTRAS loyalty members cannot redeem their EXTRAS points for the purchase of their “Shout Out” video.
- User Generated Content
5.1 Please be aware that You are solely liable for any video recordings, audio recordings, sound samples, images, comments, data, videos, text, communications, and other material uploaded into the Services or otherwise provided by You to Landmark/VidDay (collectively, "User Generated Content").
5.2 Landmark/VidDay review all submissions for appropriateness of content and retain, in their sole discretion, the right to reject any “Shout Out” video submitted for presentation in addition to those cited in these Terms in the section title “Use of Services”, Section 2.5. If a “Shout Out” video is rejected for presentation, the User will receive an email notification citing the reason for rejection and may resubmit their “Shout Out” video 24-hours prior to the movie, date and showtime of the “Shout Out” video.
5.3 By providing, uploading, publishing and/or disclosing User Generated Content, You represent and warrant to Landmark/VidDay that You have the ownership rights and/or that You have obtained all required licenses and permissions from any necessary parties, to use the User Generated Content in Your “Shout Out” video and You hereby grant Landmark/VidDay the right to use User Generated Content (and parts thereof) as specified in these Terms.
5.4 You are in the best position to determine whether your User Generated Content risks violates any third-party rights, including that all necessary consents have been obtained from individuals depicted in User Generated Content. Therefore, You hereby agree to indemnity and hold Landmark/VidDay harmless from and against any and all losses, damages and costs resulting from third-party claims arising out of or relating to Landmark/VidDay’s use, disclosure or publication of User Generated Content as contemplated by these Terms.
5.5 By providing, publishing and/or disclosing User Generated Content, You hereby grant to Landmark/VidDay and their respective affiliates a global, non-exclusive, sub-licensable, royalty free license to use, edit, reproduce, modify, disclose, distribute and/or publish such content within the Services. Landmark/VidDay reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use, or otherwise make User Generated Content available.
5.6 Landmark/VidDay reserves the unlimited right to delete and remove any and all User Generated Content that, in its view, is in breach of these Terms and/or applicable laws.
5.7 If You believe or suspect that any User Generated Content or other material used on or within the Services or in conjunction with any product or service offered by Landmark Cinemas/VidDay is in breach of the Terms or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by You that You have a good faith belief that use of the User Generated Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that You are authorized to act on behalf of the copyright owner.
5.8 Landmark Cinemas and VidDay respect the intellectual property rights of others and expects Users of its Services to do the same. Landmark Cinemas/VidDay will respond to notices of alleged copyright infringement that are properly provided and verified. For notice of alleged copyright infringement, contact us at guestservices@landmarkcinemas.com.
- Ownership
6.1 For the avoidance of doubt, except for the limited rights expressly granted to Landmark/VidDay in these Terms, Landmark/VidDay does not acquire any ownership rights to User Generated Content.
6.2 Landmark Cinemas/VidDay may wish to transfer all or part of our rights or responsibilities under these Terms to a third party without obtaining your consent. Provided that such transfer does not (in Landmark Cinemas/VidDay's reasonable view) cause any significant disadvantage to You, You hereby agree to such transfers.
- Personal Information And Other Information
7.1 We collect and use your personal information to operate and administer the “Shout Out” video program in accordance with these Terms and our Privacy Policy located at https://www.landmarkcinemas.com/privacy-policy/, including the processing of any applicable payments. Landmark will never sell or give Your personal information to any other party. Any offers that You receive, including offers from third parties that we think may be of interest to You, will be sent to You by Landmark. If You don't want to receive special offers or other offers related to our or third party products and services, or if You want to specify how we should contact You, You can change your privacy preferences online at www.landmarkcinemas.com/extras after You have enrolled.
7.2 LANDMARK CINEMAS is committed to protecting your privacy. We may use any personal information collected by LANDMARK CINEMAS for the following purposes:
- To set up and administer the “Shout Out” video program including ongoing management of accounts.
- To communicate with and deliver special offers, using Your contact information (including Your telephone number, e-mail, or other electronic address, or physical address);
- To understand User needs and preferences, and to provide Users with products and services that meet Your needs or interests.
- To recommend our products and services, including pre-approved credit, or the products and services of third parties we select that may be of interest to Users.
- To provide Users with special offers and rewards from sponsors that may be of interest to Users.
- To prevent and investigate suspicious, unauthorized, fraudulent, illegal, and/or unlawful activity on Your User account.
7.3 You are responsible for the communication between Your hardware and the Services, and that You have the hardware and software necessary to access and use the Services. You are solely liable for defects and limitations in your own software, hardware, or telecommunications services.
7.4 Landmark Cinemas/VidDay reserves the right to amend or change these Terms at any time. Any changes to these Terms will not be notified to Users in advance and You will be deemed to have accepted the amended Terms by Your continued access to and/or use of our Services. If You do not accept the Terms, You may not access, use, or continue to use the Services. Landmark Cinemas/VidDay advises You to periodically review the Terms to be informed of any changes.
7.5 Landmark Cinemas/VidDay reserves the right to change or modify the content and functions of the Services at any time without prior notification and will not be liable to You or any other party in any way for possible consequences of such changes. Landmark Cinemas/VidDay may suspend, discontinue, or restrict access to any portion of the Services at any time and without notice.
7.6 Landmark Cinemas/VidDay does not undertake to archive previous versions of these Terms. Instead, Landmark Cinemas/VidDay recommends that You print and save a copy of each and every version of these Terms.
- General
8.1 The online version of these Terms and Conditions is the governing version.
These Terms, the Privacy Policy, constitute the entire agreement between You and Landmark regarding your participation in our “Shout Out” program. Except as expressly contained in these Terms, there are no conditions, representations, warranties, express or implied, statutory, or otherwise. When You deal with Landmark, VidDay, their respective sponsors, or partners over the Internet, You consent to the formation of contractual relations through electronic communications. Landmark has the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the “Shout Out” program. In the event any provision in these Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.
8.2 Without Landmark Cinemas’/VidDay's prior written consent, You may not transfer to any third party any of Your rights granted or obligations that You have under these Terms.
8.3 If at any time any provision of these Terms is or becomes invalid, illegal, or unenforceable under applicable law, the validity, legality, and enforceability of the remainder of these Terms shall not be affected. In the event any provision is held in any proceeding to be invalid, illegal, or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.
8.4 Delay by either party to exercise a right or remedy under these Terms shall not affect such party's right to enforce such right or remedy at a later time, except for failure to exercise a right or remedy within a time limit specified herein. A waiver by any party of any breach of any provision under these Terms shall not be construed to be a waiver by such party in relation to subsequent breaches of such or other provisions herein.
- Governing Law And Disputes
9.1 Unless prohibited by law any issues concerning the construction, validity, interpretation and enforceability of these Terms , as well as any disputes between You and Landmark in connection with the “Shout Out” program, shall be governed in accordance with the laws of the Province of Alberta, Canada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. You agree that the courts in the City of Calgary, Alberta, shall determine any matter or dispute arising under or in respect of these Terms and/or the “Shout Out” program and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Alberta.
9.2 If You have any concerns or complaints, please contact Landmark Cinemas at guestservices@landmarkcinemas.com
- Limitation Of Liability
None of Landmark Cinemas, VidDay, or their respective sponsors, and each of their affiliates, subsidiaries, and related entities, and each of their respective officers, directors and employees (collectively, the “Released Parties”), shall assume any liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, 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 the purchase or exhibition of a “Shout Out” video, unless caused by our wilful misconduct or gross negligence.
is your personalized video message on the big screen.