Terms of Use
Last Updated: December 14, 2022
These Terms of Use (this “Agreement”) constitute a legally binding agreement between National CineMedia, LLC ( “NCM” or “We”) and you (“You” or “Your”). NCM provides websites (including noovie.com and ncm.com) and mobile applications (including Noovie® Trivia, Noovie ARcade, and Name that Movie®) that offer movie-related information and games (collectively, together with the Sites, the “NCM Properties”). NCM reserves the right in its sole discretion to modify, suspend, or discontinue any of the NCM Properties (or any portion thereof) with or without notice and without liability.
1. USE OF THE NCM PROPERTIES. You must be a United States resident who is 16 years or older as of June 30, 2022 and permitted under applicable law in Your state of residence to enter into this Agreement with NCM to access or use any of the NCM Properties. You must comply with applicable third party terms of agreement when using the NCM Properties. You may access and use the NCM Properties solely for Your personal, non-commercial purposes.
2. REGISTRATION. Until You become a registered user (a “Registered User”), Your access to the NCM Properties may be restricted to the areas generally available to all users and your use of the NCM Properties, including gameplay time and options, may be limited. If You access or use any of the NCM Properties though a third-party platform, game console, application, or service (a “Third-Party Service”), You may be required to have an account with such Third-Party Service. NCM has no responsibility or liability to You in connection with any Third-Party Service.
3. YOUR ACCOUNT. If You become a Registered User, You will be required to create a password-protected account to access the areas of the NCM Properties available to Registered Users (an “Account”). You agree to keep Your Account information and password confidential. You agree to notify NCM immediately of any actual or suspected unauthorized use of Your Account. Your Account is solely for Your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer Your Account or the right to access Your Account to any third party. You are solely responsible for all activities that occur through Your Account. As part of the registration process, You will provide us with an email address to be associated with Your Account (a “User ID”). You may not: (a) select or use a User ID of another person with the intent to impersonate that person; (b) use a User ID in which another person has rights without such person’s authorization; or (c) use a User ID that NCM, in its sole discretion, deems offensive. NCM may suspend or terminate Your Account at any time and for any reason in its sole discretion, with or without notice.
4. PURCHASES. You may be offered the opportunity to purchase, subscribe to, or otherwise obtain products or services accessible or made available through the NCM Properties (each, a “Product” or “Service,” respectively). Any Product or Service You buy cannot be returned and is non-refundable. You authorize NCM to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any Product or Service You buy and will pay all charges incurred in connection with any such transaction.
5. IN-GAME POINTS/GOODS. The NCM Properties may include or provide access to (1) in-game points (“Popcorn”) that may be earned or purchased from NCM for actual money, (2) in-game digital items (“Digital Goods”) that may be earned or purchased from NCM with actual money or Popcorn, and (3) actual items (e.g., movie posters or movie tickets) that may be purchased from NCM or a third-party provider (“Goods”). Popcorn and Digital Goods have no monetary value and may not be redeemed for actual money. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Digital Goods or Popcorn. NCM reserves the right, without prior notice to You, to modify the uses, value, or availability of any Popcorn, Digital Goods, or Goods. You have no property or other right in or to any such Digital Goods or Popcorn. All sales of Digital Goods, Goods, and Popcorn are final and no refunds will be given. Digital Goods and Popcorn are forfeited if Your Account or access to the NCM Properties is terminated or suspended for any reason or if NCM discontinues providing the NCM Properties. NCM has no liability for hacking or loss of Your Popcorn or Digital Goods.
6. TERM AND TERMINATION. This Agreement will be effective on the date You first use any of the NCM Properties and will continue until terminated. NCM may terminate this Agreement and may terminate or suspend Your access to the NCM Properties immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to NCM, such termination effective 10 business days following acknowledgment of receipt of such notice by NCM. Upon any termination of this Agreement, all rights granted to You and all benefits accrued by You under this Agreement will cease. If You are a Registered User, Your Account will be closed and You must promptly discontinue all use of or access to the NCM Properties. The terms and conditions of this Agreement which by their nature should survive termination of this Agreement shall survive any termination of this Agreement.
7. SOFTWARE AND WIDGETS. NCM grants You only a limited, revocable, non-exclusive, non-sublicensable, non-transferable right for the term of this Agreement to download, install, and execute a single copy of the applications available for download (“Software”) (excluding source and object code) in accordance with the instructions provided solely for Your own personal and non-commercial purposes. You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of NCM. For software distributed under a third-party license, Your use of the third-party software will be governed by the applicable third-party license.
8. CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, and other content and materials comprising, available on, or provided from or through any of the NCM Properties, and all Intellectual Property Rights in any of the foregoing (collectively, “Content”), as between You and NCM, are owned or licensed exclusively by NCM. NCM grants You a limited revocable license to post one (1) image of Your personal avatar or screen shot from Your account within the NCM Properties. If You would like to use any Content in a manner that is not expressly permitted in this Agreement, please send Your request to NCM by emailing NCM at customerservice@ncm.com.
9. USER POSTINGS AND UPLOADS. The NCM Properties may include features that offer You the ability to interact with other users or upload Your own content to the NCM Properties ( “User Content”). You agree not to upload or provide any User Content that:
is defamatory, offensive, obscene, abusive, pornographic, intimidating, harassing, threatening, or an invasion of privacy;
is an infringement or misappropriation of the copyrights, trademarks, patents (and patent applications), trade secrets, or other proprietary or intellectual property rights of any third party;
is illegal or promotes illegal activity;
is an advertisement or solicitation of funds, goods, or services; or
promotes violence or describes how to perform a violent act.
You hereby (a) grant NCM a nonexclusive, royalty-free, perpetual, irrevocable, fully transferable, and fully sublicensable right to use, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, and distribute such User Content and Your User ID, name, image, likeness, and other attributes for any purpose whatsoever, throughout the world, in any form, media, software, or technology of any kind, now known or hereafter created, and (b) waive all moral rights in the User Content. NCM has no obligation to accept, display, review, monitor, or maintain any User Content. NCM may delete, move, re-format, edit, alter, distort, remove or refuse to exploit, or hide User Content without notice for any reason at any time without liability. All comments, feedback, suggestions, ideas, and other submissions You (“Feedback”) disclose, submit, or offer to NCM in connection with the NCM Properties shall be considered gratuitous, unsolicited, and without restriction and will not place NCM under any obligation to You. You hereby assign such Feedback to NCM. NCM may use, sell, exploit, and disclose the Feedback in any manner, without restriction and without compensation to You.
10. CONDUCT. You will not and will not permit any third party to:
harvest or collect e-mail addresses or other contact information of other users of any of the NCM Properties;
use any of the NCM Properties in any unlawful manner or in any manner that could damage, disable, overburden, or impair any of the NCM Properties;
use any of the NCM Properties for any commercial purpose or in any automated manner;
use automated scripts to collect information from or otherwise interact with any of the NCM Properties;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of any of the NCM Properties;
modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of any of the NCM Properties or any Content;
remove, bypass, or circumvent any electronic protection measures on any of the NCM Properties;
remove, alter, or obscure any copyright or other proprietary rights notices included on any of the NCM Properties;
upload or provide to NCM any code or device capable of interrupting, harming, or damaging any of the NCM Properties;
reveal any personal information about another individual, including any information that may be used to identify, track, contact, or impersonate that individual;
attempt to impersonate any other person;
create user accounts by automated means or under false pretenses or mislead others as to the origins of Your communications;
trick, defraud, or mislead NCM and other users;
submit false reports of abuse or misconduct;
use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses any of the NCM Properties or use or launch any unauthorized script or other software;
cover or obscure any notice, banner, or advertisement on any of the NCM Properties;
disguise the source of Your User Content or other information You submit ;
interfere with or circumvent any security feature or technical restriction or limitation of any of the NCM Properties; or
engage in cheating or any other unscrupulous activity.
11. CLAIMS OF INFRINGEMENT. Just as NCM requires users of the NCM Properties to respect the intellectual property rights of NCM and other parties, NCM respects the intellectual property rights of other parties. In accordance with the Digital Millennium Copyright Act, any party that believes in good faith that its copyrighted work has been reproduced on any of the NCM Properties without authorization in a way that constitutes copyright infringement, that party may notify NCM’s Designated Agent by mail or e-mail to:
National CineMedia, LLC
Attn: Legal Department
6300 S. Syracuse Way, Suite 300
Centennial, Colorado 80111
Email: legal@ncm.com
Each notice must include:
1. identification of the infringed work and the allegedly infringing work (including its URL);
2. your name, address, daytime phone number, and email address, if available;
3. a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by you, your agent, or the law;
4. a statement that the information you are providing is accurate and that you are authorized to provide the notice; and
5. your electronic or physical signature.
12. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement; (3) You own all right, title, and interest in and to any User Content that You provide or upload to any of the NCM Properties or You have sufficient rights to grant the rights and licenses described in this Agreement; (4) You will comply with applicable law; and (5) (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
13. DISCLAIMER AND LIMITATION OF LIABILITY.
13.1 Disclaimer. ACCESS TO AND USE OF THE NCM PROPERTIES AND ANY PRODUCT, SERVICE, POPCORN, DIGITAL GOODS, AND GOODS IS AT YOUR SOLE RISK, AND YOU ASSUME ALL SUCH RISK (INCLUDING WITHOUT LIMITATION, THE RISKS OF PHYSICAL INJURY AND PROPERTY DAMAGE ARISING OUT OF YOUR ACCESS TO OR USE OF ANY ELECTRONIC DEVICE OR VIDEO GAME IN CONNECTION WITH THE NCM PROPERTIES, SUCH AS SEIZURE, MUSCLE AND EYE INJURY, CARPAL TUNNEL SYNDROME, ELECTRIC SHOCK, MOTION SICKNESS, DEVICE AND TELEVISION DAMAGE, AND BATTERY LEAKAGE). ALL NCM PROPERTIES, EACH PRODUCT AND SERVICE, POPCORN, DIGITAL GOODS, AND GOODS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NCM HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NCM PROPERTIES, EACH PRODUCT AND SERVICE, POPCORN, DIGITAL GOODS, AND GOODS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, NCM MAKES NO WARRANTY THAT ANY OF THE NCM PROPERTIES OR ANY PRODUCT, SERVICE, POPCORN, DIGITAL GOODS, OR GOODS WILL BE COMPLETE, ACCURATE, AVAILABLE, TIMELY, SECURE, RELIABLE, ERROR-FREE OR FREE FROM INTERRUPTIONS, CRASHES, DOWNTIME OR OTHER FAILURES, OR WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES WILL NCM, any of its Affiliates or related companies, any third-party providers of Goods or other products or services associated with any OF THE NCM PropertIES, or any of the respective owners, directors, officers, employees, agents, contractors, licensors, licensees, or representatives of any of the foregoing (collectively, the “Releasees”) BE LIABLE IN ANY WAY FOR ANY OF THE NCM PROPERTIES OR ANY PRODUCT, SERVICE, POPCORN, DIGITAL GOODS, OR GOODS, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF ANY OF THE NCM PROPERTIES OR ANY PRODUCT, SERVICE, POPCORN, DIGITAL GOODS, OR GOODS.
13.2 Limitation; Waiver. IN NO EVENT WILL ANY RELEASEE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL OR OTHER INTANGIBLE LOSSES), WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RESULTING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) ANY OF THE NCM PROPERTIES OR ANY PRODUCT, SERVICE, POPCORN, DIGITAL GOODS, OR GOODS (INCLUDING ANY PHYSICAL INJURY OR PROPERTY DAMAGE SUSTAINED IN CONNECTION WITH SUCH ACCESS OR USE), EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NCM’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO $100.
14. INDEMNIFICATION. You hereby agree to indemnify, defend, and hold harmless the Releasees from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from or arise out of (1) a breach or alleged breach by You of this Agreement, (2) violation by You of any applicable law, rule, or regulation, (3) any User Content, or (4) Your access to or use of any of the NCM Properties or any Product, Services, Popcorn, Digital Goods, or Goods. NCM will provide You with notice of any such claim or allegation, and NCM will have the right to participate in the defense of any such claim at its expense.
15. LINKED SITES OR SERVICES. The NCM Properties may contain links to third-party sites or services that are not under the control of or endorsed by NCM, and NCM is not responsible or liable for any such linked site or service (including any content therein).
16. NOTICES. Any notices required or allowed under this Agreement will be given to NCM by postal mail to:
National CineMedia, LLC
Attn: General Counsel
6300 S. Syracuse Way, #300
Centennial, CO 80111
If You have questions about these Terms of Use, please contact NCM by email at customerservice@ncm.com.
17. GENERAL TERMS.
17.1 Assignment. You may not assign, delegate, or transfer this Agreement or any of Your rights hereunder, and any attempt to do so will be null and void.
17.2 Integration. This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all prior oral and written agreements or understandings between the parties regarding such subject matter. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
17.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without affecting the remaining provisions in such jurisdiction or the validity or enforceability of this Agreement in any other jurisdiction.
17.4 Choice of Law, Jurisdiction, Venue and Class Action Waiver. This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. You irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, CO for any dispute arising in connection with this Agreement. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR NCM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. To the maximum extent permitted by law, You permanently and irrevocably waive the right to bring any claim in connection with this Agreement in any forum unless You provide NCM with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
17.5 Modifications. NCM reserves the right, at any time and without notice, to add to, change, update, or modify any of the NCM Properties or this Agreement, simply by posting such addition, change, update, or modification on the applicable NCM Properties. You are responsible for monitoring the NCM Properties for such changes. Your continued use of the NCM Properties following posting or providing of any such addition, change, update, or modification will constitute Your agreement to be bound by the addition, change, update, or modification.
17.6 Google. Certain Products, Services, Content or Software provided through the NCM Properties (or otherwise provided by NCM) may include Products, Services, Content or Software provided by Google Inc. By using these Products, Services, Content or Software, You are agreeing to be bound by Google’s Terms of Service located at https://www.google.com/intl/en/policies/terms/. In addition, Your use of Software in connection with the Android version of NCM’s mobile applications is further subject to certain third-party licenses, which license and source code can be found at http://source.android.com/source/licenses.html.
17.7 Apple, Inc. The NCM mobile applications that are downloaded to an Apple product use the iOS software development kit from Apple, Inc. (“Apple”), but NCM is solely responsible for such mobile applications and the content thereof. By using or accessing the applications via an Apple product, You acknowledge and agree that this Agreement is between You and NCM and not with Apple. Furthermore, Your access or use of the NCM applications on an Apple product is limited to Apple products You own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions. NCM, and not Apple, is responsible for providing maintenance and support services for the NCM mobile applications and for addressing any claims You may have related to the use and/or possession of an NCM application, including, but not limited to: (1) product liability claims; (2) any claim that an NCM application fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; (4) warranty claims; and (5) any third-party claim that an NCM application, or Your possession and use of an NCM application, infringes a third party’s intellectual property rights. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement but only to the extent it relates to an NCM application used on an Apple product, and Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
17.8 Notices to California Consumers. Under California Civil Code Section 1789.3, California users of the NCM Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (800) 952-5210.