MAYA!MAS TERMS OF SERVICE
Please read these terms of service before registering for Maya Cinemas' Maya!Mas Subscription Program (the "Subscription Program"). These terms of service is an agreement ("Agreement") between you ("you" or "Subscriber") and Maya Cinemas North America, Inc. ("Maya Cinemas", "we" or "us") and is subject to change by us as described below.
Once you sign up for a membership (a "Subscription") and pay your Subscription Fee (defined below) you will be eligible for the benefits as set forth below. The Subscription Program can be used at all Maya Cinemas' locations. Please read this Agreement carefully. This Agreement contains a description (as amended from time to time, the "Subscription Rules") about the Subscription Program, the enrollment process, payment options, the benefits of Subscription, how long your Subscription lasts, applicable uses and restrictions, and more.
1. ADDITIONAL TERM & CONDITIONS. The following terms and conditions (collectively, the "Additional T&Cs") are hereby incorporated into these Subscription Rules:
(a) The Term and Conditions available at https://www.mayacinemas.com/terms-conditions (the "ST&C"). Please note that terms in the ST&C incorporated into these Subscription Rules that apply to your Subscription include disclaimers, indemnities and limits of liability.
(b) Maya Cinemas' privacy policy, available at https://www.mayacinemas.com/privacy-policy.
(c) The terms of service for Maya Cinema's website and the Maya Cinemas' mobile application (the "Maya App"), available at https://www.mayacinemas.com/maya-app.
Participation in the Subscription Program is considered acceptance of these Subscription Rules, the ST&C and the Additional T&Cs and all subsequent modifications, updates and notices related to any of the foregoing. If you are a minor in the state of your residence, you must have your parent's or legal guardian's permission to enroll and participate in the Subscription Program and such enrollment constitutes your and your parent's or legal guardian's acceptance of and agreement to these Subscription Rules. Subscription and its benefits are offered at the sole discretion of Maya Cinemas. To the extent of a conflict between these Subscription Rules, the ST&C and any of the Additional T&Cs, on the other hand, these Subscription Rules shall control.
2. MEMBERSHIP. To subscribe to the Service you must subscribe for an initial minimum subscription period of (six) 6 months ("Initial Subscription Period"). Upon the expiration of the Initial Subscription Period, your membership automatically renews monthly (each, a "Renewal Period" and together with the Initial Subscription Period, the "Membership Period") until it is canceled by your or by us. Your membership begins on the date you sign up to use the Service and ends upon termination of your membership as described herein.
3. ELIGIBILITY. The Subscription Program is open to individuals [16] years of age and older. Any exclusion from the Service will be at Maya Cinemas' sole discretion.
4. ENROLLMENT. To enroll in MayaMas! you must meet the terms for participation established by Maya Cinemas. Once your account is established and validated, you will have access to your account will through Maya Cinemas' website, the Maya App or at the box office at any Maya Cinemas' locations. Enrollment is limited to one account per individual subscriber. Each account will be linked to a subscriber's phone number.
5. SUBSCRIPTION PROGRAM PLANS AND FEES. There are two types of Subscription plans:
(a) Tier 1 Single Subscriber Plan. The Tier 1 Single Subscription Plan is for one (1) individual subscriber and is $9.99 per month (the "Tier 1 Subscription Fee"). The holder of a Tier 1 Single Subscriber Plan is entitled to: one (1) "Standard Ticket" (defined below) per month, one (1) ticket per month to a Canal Maya Classic feature presentation (each, a "Maya Classic Ticket" and, together with a "Standard Ticket", each an "Admission Ticket") and fifteen percent (15%) off concession purchases (the "Concessions Discount").
(b) Tier 2 Family Subscription Plan & Add-ons. The Tier 2 Family Subscription Plan is for an individual subscriber and is $13.99 per month (the "Tier 2 Subscription Fee" and together with the Tier 1 Subscription Fee, the "Subscription Fee"). The holder of a Tier 2 Family Subscriber Plan is entitled to: two (2) Standard Tickets per month, two (2) Maya Classic Tickets and the Concessions Discount. The holder of a Tier 2 Family Subscription Plan can upgrade his or her Subscription to add additional family members by paying the additional fees: (i) adding a third family member increases the Tier 2 Subscription Fee to $16.99 per month; (ii) a fourth family member increases the Tier 2 Subscription Fee to $19.99 per month; (iii) a fifth family member increases the Tier 2 Subscription Fee to $22.99 per month, and; (iv) a sixth family member increases the Tier 2 Subscription Fee to $25.99 per month. For each additional family member added to a Tier 2 Family Subscription Plan, the holder will be entitled to one (1) additional Standard Ticket per month and one (1) additional Maya Classic Ticket the Concessions Discount.
A "Standard Ticket" means a ticket to access an available seat for one (1) feature movie on a non "Premium" format at any Maya Cinemas' location. "Premium Formats" include, but are not limited to, MPX, Atmos, DBOX and 3D formats. A Standard Ticket can be upgraded to a Premium format ticket for an additional surcharge of Two Dollars ($2.00) per Admission Ticket ("Premium Format Surcharge"). During your Membership Period, a Standard Ticket does not expire and, if not used on the month that it was issued, it will roll over to the next month. Each Maya Classic Ticket will expire if not used during the month in which such ticket was issued.
You will receive a five percent (5%) discount on any Tier 1 Single Subscription Plan or Tier 2 Family Subscription Plan (with add-ons) if you subscribe or renew your Subscription and pre-pay an initial 12-month Membership Period or any subsequent Renewal Period.
The Concessions Discount does not include alcoholic beverages.
6. CLAIMING TICKETS.
You can reserve an Admission Ticket on Maya Cinemas' website, box office or through the Maya App. You may claim your Admission Ticket at any Maya Cinemas' location by presenting your log-in credentials or other Subscription information along with a matching valid photo identification. The name on the identification and the Subscription must match exactly.
7. PAYMENT OF SUBSCRIPTION FEES; OTHER CHARGES.
(a) Your Subscription Fee will be charged upon your enrollment to the Subscription Program and at each subsequent Renewal Period.
(b) As a Subscriber, Maya Cinemas will waive the convenience fee if you reserve an Admission Ticket through Maya App or Maya Cinemas' website except as detailed when using the Service; however, if you reserve your Admission Ticket through the Maya App, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for Maya Cinemas to sync any device with your personal information.
(c) In addition to Subscription Fees and Premium Format Charges, Maya Cinemas may also charge you, and you are responsible for payment of, (a) taxes, (b) convenience access fees, and (c) other surcharges (collectively, "Charges" and together with Subscription Fees, "Fees"). Maya Cinemas may change, delete or add additional Charges or surcharges at any time in its sole discretion, with or without notice to you.
(d) You hereby authorize Maya Cinemas to charge Fees to the valid debit or credit card provided during enrollment or otherwise in connection with your Subscription. You may change your payment method via the Maya App or Maya Cinemas' website. If payment of any Fees is rejected or otherwise unsuccessful, Maya Cinemas may, with notification to you, suspend your Subscription (and you will not be able to claim any Admission Tickets until such Fees are paid. If any Fees remain unpaid more than 30 calendar days after such notification, Maya Cinemas may in its sole discretion, with notice to you, cancel your Subscription. Maya Cinemas may charge you, and you are responsible for, fees and expenses reasonably incurred by Maya Cinemas in connection with recovering unpaid Fees (e.g., debt collection fees).
8. MANAGING YOUR SUBSCRIPTION. You can manage your Subscription via the Maya App or Maya Cinemas' website. Maya Cinemas may withdraw, suspend or change any and all online Subscription management functionality at any time and without notice to you. Your Subscription is personal, non-transferable, and for use only by you. You may have only one Subscription at any time. You are responsible for ensuring the security of your log-in credentials and Subscription information. Maya Cinemas is not responsible for any loss you may incur as a result of any unauthorized use of your log-in credentials or other Subscription information. You are responsible for promptly informing Maya Cinemas if you think someone may access or use your mobile device or your log-in credentials in an unauthorized manner.
9. CANCELLATION.
(a) You may cancel your Membership at any time after 6 months of membership by notifying Maya Cinemas through the Maya Cinemas' "Contact Us" link set forth below. This does not apply to prepaid, discounted annual subscriptions. Annual subscriptions are non-refundable.
(b) Maya Cinemas may suspend your Subscription by notice to you (during which suspension you will be billed but will be unable to use your Subscription or claim any Admission Tickets) if Maya Cinemas suspects any fraud in connection with your enrollment or Subscription or if you breach these Subscription Rules, until the matter is resolved to Maya Cinemas' satisfaction.
(c) Maya Cinemas may cancel your Subscription at any time by notice to you (i) if Maya Cinemas reasonably suspects fraud, misrepresentation or abuse in connection with your enrollment or Subscription (including due to frequent replacement of your mobile device or your failure to attend showtimes without following cancellation procedures), (ii) for misuse of your Subscription, (iii) for failure to make a payment within 30 calendar days after it is due, or for multiple payment failures, (iv) if you materially breach these Subscription Rules, the ST&C or any Additional T&Cs in connection with your Subscription, or (v) if you engage in any behavior or activity that is disruptive or damaging to Maya Cinemas' business or otherwise inconsistent with Maya Cinemas, the Subscription Program's or Maya Cinemas' public image, goodwill, or reputation or applicable law. Maya Cinemas may cancel your Subscription for convenience at any time by notice to you.
(d) Cancellation by you of your Subscription will be effective at the end of the monthly Subscription period following the Subscription period during which your cancellation request is received.
(e) Cancellation by Maya Cinemas will be effective immediately and you will be refunded any prepaid amount after the month of cancellation. Refunds shall be credited back to the last-used payment method, provided by subscriber for your Subscription.
(f) Upon any cancellation of your Subscription, your Subscription will be deactivated, all existing Admission Tickets will remain in subscribers Maya Rewards account.
10. GENERAL
(a) Changes to Subscription Rules. Maya Cinemas reserves the right in its sole discretion to make minor changes to these Subscription Rules (e.g., to correct errors, clarify terms or update aspects of the Subscription Program), or any other changes that are necessary to comply with any law or regulation applicable to Maya Cinemas, without any liability or notice beyond posting the updated Subscription Rules to Maya Cinemas' website. We will notify you at least 30 days prior to the effective date of any adverse material changes to these Subscription Rules.
(b) Data. Maya Cinemas may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
(c) Limitation of Liability. Maya Cinemas' aggregate liability to you in connection with the Subscription Program and your Subscription shall be limited to the Subscription Fees you paid during the 12 months prior to the claim. In no event will Maya Cinemas be responsible or liable to you for any Admission Ticket you are unable to use as a result of, or any replacement or other admission ticket you purchase due to or in connection with, an invalid or suspended Subscription or unauthorized access to or use of your mobile device or your on-line credentials. Under no circumstances, including, but not limited to, negligence, shall Maya Cinemas be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the Service, even if Maya Cinemas has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy.
(d) Governing Law; Jurisdiction. The laws of the State of California shall govern the terms of this Agreement. The State or Federal courts in Los Angeles County, California shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and you hereby consent to the jurisdiction of such courts.
(e) Force Majeure. Maya Cinemas will not be responsible or liable to you for any delay in performing or failure to perform any of Maya Cinemas' obligations under these Subscription Rules (or any Additional T&Cs) or otherwise in connection with your Subscription or the Subscription Program that arises out of or results from any cause outside of Maya Cinemas' reasonable control.
(f) Dispute Resolution. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Los Angeles County, California. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement.
(g) Notices and Communications. Notices (i) given by Maya Cinemas hereunder shall be deemed received when sent by Maya Cinemas and (ii) given by you hereunder shall be deemed received when received by Maya Cinemas. By becoming a Subscriber, you hereby expressly agree to receive communications from Maya Cinemas regarding your Subscription, including benefits, features and offers related to your Subscription. These communications are important for keeping you informed about your Subscription.
(h) Subscription Assistance. Please contact Maya Cinemas for help with your Subscription (including cancellation of your Subscription) at https://www.mayacinemas.com/contact-us ("Contact Us")
(i) For more information, please review our Subscription Program FAQs at https://www.mayacinemas.com/faq or in the Maya App.
