FanClub Program Terms

OVERVIEW

Generally; and Relationship with Fandango FanRewards. The Fandango FanClub program (the “Fandango FanClub Program”) is a program that requires that a fee be paid (other than for any limited free trial periods that may or may not be provided to you from time to time, and which may or may not have reduced benefits) in order for you to participate (participants in the Fandango FanClub Program are known as “FanClub Members”).  FanClub Members are also automatically enrolled in Fandango’s FanRewards program (the “Fandango FanRewards Program”), so sometimes you may see the benefits of the Fandango FanRewards Program marketed or included as part of the Fandango FanClub Program.  However, any benefits that are marketed or included in connection with the Fandango FanClub Program that are available under the Fandango FanRewards Program are being provided to you under the Fandango FanRewards Program and not under the Fandango FanClub Program (you will only receive one set of those benefits and you will not receive multiple sets of those benefits if enrolled in both programs).  Note that Fandango’s FanRewards Program is currently a free program (the Fandango FanRewards Program’s benefits are generally available to consumers without paying a fee).  So, when you enroll in the Fandango FanClub Program you get both the benefits that are only available for paid Fandango FanClub Program memberships plus some benefits that are available for free Fandango FanRewards Program memberships. 

Eligibility.Membership in, and use of, the Fandango FanClub Program is limited to persons who reside in the United States, who are at least 18 years of age and who have a valid email address on file. The Fandango FanClub Program is solely for a FanClub Member’s personal, non-commercial use. Corporations, groups, and associations are not eligible. We reserve the right not to extend the Fandango FanClub Program benefits to employees of Fandango and NBC Universal. You must maintain a valid email address and promptly update your Fandango account with any changes. The Fandango FanClub Program is void where prohibited by law. Fandango may limit the number of FanClub Members and may temporarily or permanently discontinue enrolling new members at any time and for any reason without notice to you.

Benefits.

• Current Benefits: Currently, the benefits provided to paid FanClub Members, which may change at any time, can be found here: Current Paid FanClub Member Benefits

• Other Benefits: From time to time, we may offer additional benefits for limited periods of time. If we do so, we may condition the receipt or use of those benefits on compliance with certain terms or eligibility requirements.

• Changes to Benefits: We may choose in our sole discretion to change, add or remove benefits from the Fandango FanClub Program at any time. Your continued use of the membership after the changes become effective will constitute your acceptance of the changes.

Benefits typically are only available to paid FanClub Members and are not available during an unpaid trial period.

MEMBERSHIP.

Account. In order to sign up for a membership, you may be required to register for an account. That account is subject to the restrictions and obligations imposed in these Term and Fandango’s other Terms and Policies. We may choose to suspend or terminate your account at any time in our sole discretion, including if we determine that you have violated any provision of these Terms or our other Fandango Terms and Policies.

Recurring Membership and Fees. If you sign up for a membership, details about the membership, the price, and recurring billing nature will be provided to you before you complete your sign-up. You will be charged your first membership fee and any applicable taxes on the date you purchase your membership or after a free trial ends. You agree that your membership will automatically renew and you authorize us to charge your payment method for the fees and taxes associated with subsequent membership periods unless prior to the end of the then-current membership period: (a) you cancel your membership (as described below); (v) we decline to renew your membership; or (c) these Terms are otherwise properly terminated as expressly permitted herein. Your membership may include an introductory billing period that is longer than the renewal billing periods (e.g., an initial three month term followed by monthly renewals thereafter).

If a stated price or other material information is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the membership at that price and reserve the right to cancel, terminate or not process your order (including accepted orders). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your order and obtain a refund if payment has already been made.

You acknowledge that the timing of when you are billed may vary, including if your membership began on a day not contained in a given month (e.g. if you became a paid FanClub Member on March 31, your payment method would be billed next on April 30), due to free trials and other promotional offers, or changes in your membership or payment method. Your billing date may be one day earlier or later due to time zone differences.

When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided.  You authorize us to charge any form of payment you provide, in connection with your membership or other Fandango transaction. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer and may use these new details in order to help prevent any interruption to your membership. If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collection fees, (ii) you authorize us to continue charging your payment method and (iii) we may suspend or terminate your account, membership, or access to the Fandango FanClub Program.

Free Trial and Promotional Rates. We may offer promotional trial memberships for free or at special discounted prices. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Trials and promotional memberships may be available to one per household and you may be limited in your ability to combine promotions.

If your membership includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you may be required to provide a credit card or other payment method to ensure uninterrupted access and continued use after the free trial ends. Upon completion of your free trial, your membership will automatically convert into a paid membership and your payment method will be charged the applicable fee unless you have cancelled your membership. We reserve the right to terminate any free trial period at any time.

If your membership includes a promotional rate, you will be charged the promotional rate for the relevant number of billing periods and upon completion of the period(s), your membership will continue to automatically renew at the then-applicable full rate.

Any free trial period is at the sole discretion of Fandango and we may limit eligibility or duration to prevent misuse. You may only be permitted to use one free trial or discounted price offer. If your membership is ever cancelled or terminated for any reason, and you sign up an additional membership, you may not be eligible for a free trial or to take advantage of another discounted price offer.

Cancellation. You may cancel your membership at any time through the FanClub settings in your account prior to the end of your current billing period. When you cancel a paid membership, you cancel only future charges associated with your membership, and the cancellation will become effective at the end of your current billing period. If you cancel, your benefits as a FanClub Member will continue until the end of your then-current billing period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or membership) and will then terminate without further charges. Submitting an account deletion request to us may not cancel your membership or other subscriptions. You may have to separately cancel your memberships/subscriptions.

EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE AND WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD MEMBERSHIP PERIODS OR UNUSED SERVICES. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and we may terminate your account, membership, or access to the Fandango FanClub Program.

Changes.We may change the membership fees at any time on a going forward basis in our discretion. If the pricing for your membership increases, we will notify you, and provide you an opportunity to change or cancel your membership before applying those changes to your membership or charging you in connection with an automatic renewal. If you continue with your Fandango FanClub Program membership after a fee has been imposed or increased, you agree to pay the fee or increase. If you do not wish to continue being a FanClub Member with the new fees, you may cancel your membership. If you accept the membership with those changes, its terms and conditions will apply for that renewal and all renewals going forward.

We may terminate your participation in the Fandango FanClub Program at any time in our sole discretion.    

Transferability. Membership in the Fandango FanClub Program, and benefits received in connection with the Fandango FanClub Program, are not transferrable, may not be combined or merged with any other FanClub Member’s account, and must not be shared with others.

Unauthorized Activity and Access. You are solely responsible for keeping your login credentials, email address and password, and codes associated with benefits received in connection with the Fandango FanClub Program confidential and for all activities that occur on your Fandango FanClub Program account, including all unauthorized activities. Fandango is entitled to act on instructions received by it if correct login credentials are provided, and in such case Fandango will not be liable for: (i) any Fandango FanClub Program benefits, credits or debits awarded, made or used to or by your Fandango FanClub Program account, or (ii) any loss or damage arising from your failure to adequately safeguard your login credentials. You agree to immediately notify Fandango of any unauthorized use of your login credentials, Fandango FanClub Program account, or any other breach of security related to the Fandango FanClub Program. Please contact our customer service department at http://support.fandango.com/ or by phone at 1- 866-857-5191.

Any Fandango FanClub Program benefits you receive are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use as described by Fandango. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Fandango FanClub Program Promo Codes or other benefits; they shall remain Fandango property at all times. Neither Promo Codes nor any other Fandango FanClub Program benefits have any monetary or cash value and they may not be redeemed with us or any third party for cash or any cash equivalent. Neither Promo Codes nor any other Fandango FanClub Program benefits are transferable and cannot be combined with other offers or with another person's Promo Codes nor any other Fandango FanClub Program benefits. Neither Promo Codes nor any other Fandango FanClub Program benefits are your personal property, and are not descendible, may not be inherited, bartered, purchased or sold to any third party. Any attempt to combine or transfer Promo Codes or any other Fandango FanClub Program benefits may result in disqualification from the Fandango FanClub Program and forfeiture of all Fandango FanClub Program benefits. Other exclusions and restrictions may apply.

TERMINATION OF YOUR PARTICIPATION IN THE FANDANGO FANCLUB PROGRAM

Fandango may revoke your ability to participate in the Fandango FanClub Program at any time in Fandango’s sole discretion.  Note that Fandango may terminate your participation in the Fandango FanClub Program due to: (i) your abuse of the Fandango FanClub Program, including, without limitation, your use of any "bot," macro, or other automated means to participate in the Fandango FanClub Program; (ii) your failure to follow these Fandango FanClub Program Terms, the Terms and Policies, or any other applicable terms or conditions; (iii) the attempted or actual sale or transfer of any of your Fandango FanClub Program benefits or your account; (iv) any misrepresentation by you; (v) suspension or termination of your Fandango account; (vi) any suspected illegal or fraudulent activity; or (vii) any other conduct deemed by Fandango, in its sole discretion, to be an abuse of the Fandango FanClub Program, to be detrimental to the interests of Fandango, its licensors, suppliers, or its customers, or to be otherwise improper. If your ability to participate in the Fandango FanClub Program is revoked, any unused benefits (including, but not limited to, Promo Codes) will automatically expire and be forfeited and your future participation in the Fandango FanClub Program may be prohibited. In addition, Fandango has the right to take appropriate administrative or legal action as it deems appropriate. Fandango is not responsible for Fandango FanClub Program benefits that expire or are lost or that others redeem due to illegal, fraudulent or unauthorized activity or your failure to properly secure such benefit, including a unique Promo Code.

You agree to abide by the final and binding decisions of Fandango regarding the Fandango FanClub Program and your participation in it. Fandango is the sole arbiter of all issues relating to the Fandango FanClub Program, and all of Fandango's decisions relating to the Fandango FanClub Program are final.

MODIFICATION OF THESE FANDANGO FANCLUB PROGRAM TERMS

We reserve the right, in our sole discretion and at any time, without prior notice, to add to, revise, modify, suspend or terminate any or all aspects of the Fandango FanClub Program, including, without limitation: (i) your ability to receive or redeem Fandango FanClub Program benefits, (ii) Fandango FanClub Program benefit types, values and amounts, and (iii) these Fandango FanClub Program Terms. FanClub Members must not rely on the continued availability of the benefits of the Fandango FanClub Program.

These Fandango FanClub Program Terms control your participation in the Fandango FanClub Program and no covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. Fandango has the sole right to interpret and apply these Fandango FanClub Program Terms. If Fandango improperly denies an accrual or benefit, liability will not exceed the equivalent value, as determined by Fandango, of that accrual or benefit.

Any Fandango FanClub Program benefits remaining in an account that have not been redeemed by the end of the Fandango FanClub Program (or the termination of your membership in the Fandango FanClub Program) will be forfeited without compensation. Fandango makes no guarantee or representation as to the length of time during which the Fandango FanClub Program will be offered, and the Fandango FanClub Program could end at any time as determined by Fandango.

If any term or change to these Fandango FanClub Program Terms is found invalid, void, or for any reason unenforceable, that term or change is severable and does not affect the validity and enforceability of any remaining terms, changes or conditions. Fandango shall not be liable to you in any way for any value or benefits you may lose as a result of any changes made to the Fandango FanClub Program.

Fandango will notify you of changes to these Fandango FanClub Program Terms by posting them on the Fandango.com Site in the Terms and Policies section. The updated Fandango FanClub Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Fandango. It is your responsibility to check the Fandango Ticket Site regularly for any changes to these Fandango FanClub Program Terms. If you object to these Fandango FanClub Program Terms or any changes hereto or at any time become dissatisfied with the Fandango FanClub Program, your sole recourse shall be to cease using the Fandango FanClub Program and to cancel your membership (as applicable). Your continuing use of the Fandango FanClub Program after notification of any change(s) (including notification by posting) constitutes conclusive evidence of your acknowledgment of the modifications and your agreement to be bound by such change(s).

PROGRAM END DATE. The Fandango FanClub Program will end on the date designated by Fandango via email or notice on this website (the “Program End Date”) (which will be at 11:59pm Pacific Time on such designated date). Whenever we mention “notice” in these Fandango FanClub Program Terms, that notice can either be in the form of an email or via an update to these Fandango FanClub Program Terms.

All questions or disputes regarding eligibility for the Fandango FanClub Program or a FanClub Member's compliance with these Fandango FanClub Program Terms will be resolved by Fandango, in its sole and absolute discretion. All such decisions are final

For information about your membership, contact Fandango at http://support.fandango.com/, by phone at 1-866-857-5191, or by mail at Fandango, 10 Universal City Plaza, Floor 31, Universal City, CA 91608; attention: Fandango FanClub Program.