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Metro Terms of Service

Last Updated: July 4, 2025
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site or any other websites, online services, software or apps provided by Metro Private Cinema that post a link to these terms of use (the “Terms” or this “Agreement”), you signify your assent to them and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms, please do not use the Site. These Terms affect your legal rights, responsibilities and obligations and govern your use of the Site (defined below), are legally binding, limit Metro Private Cinema’s liability to you and require you to indemnify us and to settle certain disputes through arbitration. If you do not wish to be bound by these Terms, do not use the Site.

  1. Any website, online service, or app (the “App”) where these Terms are posted (collectively, the "Site") is owned and operated by Metro Private Cinema. The Site and its contents may only be accessed for personal use. No material from Metro Private Cinema or any website owned, operated, licensed or controlled by Metro Private Cinema may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Metro Private Cinema 's copyright and other proprietary rights.
  2. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to Metro Private Cinema or other respective owners that have granted Metro Private Cinema the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of the Site or any content contained therein.
  3. While Metro Private Cinema uses reasonable efforts to include accurate and up-to-date information on the Site, Metro Private Cinema makes no warranties or representations as to its accuracy. Metro Private Cinema assumes no liability or responsibility for any errors or representations in the content of this Site.
  4. The Site may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the "External Sites"). You acknowledge that Metro Private Cinema is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the owner or site administrator for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
  5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name you are not entitled or authorized to use. Metro Private Cinema has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
  6. If you post content or submit material you grant Metro Private Cinema and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Metro Private Cinema, its affiliates, and sublicensees the right to use your name and/or username in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Metro Private Cinema and its affiliates from any claims resulting from any content or materials you provide hereunder. In addition, Metro Private Cinema may also sell, repurpose, aggregate, or transfer to third parties any information that you provide to Metro Private Cinema and any additional information that can be obtained or determined from such information for any legally permissible purposes.
  7. Acceptable Use Policy. You agree not to use the service to:
    a. Harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;
    b. Post or otherwise transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;
    c. Post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
    d. Send any unsolicited commercial email, spam, or bulk commercial email
    e. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    f. Violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law
    g. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    h. Interfere with or disrupt the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    In the event you violate these terms of this Section, Metro Private Cinema, in its sole discretion, may immediately terminate the Service. Metro Private Cinema is not liable for your breach of the terms of this Section.

    Metro Private Cinema reserves the right to provide your personally identifying information to law enforcement officials in the event that you violate any applicable local, state, national or international law while using the Service
  8. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Metro Private Cinema may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
  9. You shall not transmit to Metro Private Cinema or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
  10. Password. You may not share or use your password for any unauthorized purpose.
  11. Termination. We may terminate: (i) any program and your membership thereto, and/or (ii) your access to our Site, both for any reason and at any time without any liability whatsoever.
  12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METRO PRIVATE CINEMA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METRO PRIVATE CINEMA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, OR THE AVAILABILITY OF A PRIVATE SCREENING ROOM AT A PARTICULAR TIME. METRO PRIVATE CINEMA SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES AND REPRESENTATIONS, IF ANY, OFFERED BY ADVERTISERS, MANUFACTURERS OF MERCHANDISE, OR SUPPLIERS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A MEMBER FROM METRO PRIVATE CINEMA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL METRO PRIVATE CINEMA OR ITS THIRD-PARTY LICENSORS 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 THIS SITE, EVEN IF METRO PRIVATE CINEMA OR A METRO PRIVATE CINEMA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
  14. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Metro Private Cinema may not, as a matter of applicable law, disclaim any warranty or limit its liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law. You understand and agree that Metro Private Cinema has set its prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
  15. Participation in Promotions of Advertisers and Partners. You acknowledge and agree that Metro Private Cinema neither endorses the contents of any advertisements appearing on, or linked through, our Site, or the websites of our partners or sponsor, if any, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising thereof, or any fraud or other crime facilitated thereby. Metro Private Cinema assumes no liability, obligation or responsibility for any part of any correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion.
  16. This Agreement constitutes the complete and exclusive understanding between Metro Private Cinema and you/Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. Except as expressly set forth in these Terms, (i) no failure or delay by you or Metro Private Cinema in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed or accepted by the party against whom the waiver or modification is sought to be enforced. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
  17. Disputes and Dispute Resolution.
    a. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Site or these Terms, whether before the Effective Date of these Terms or after arising (collectively, "Dispute") shall be in Austin, Texas. Each party submits to personal jurisdiction and venue in Austin, Texas for any and all purposes.
    b. Pre-Arbitration Notification. Metro Private Cinema and you agree to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Metro Private Cinema need not do so in circumstances where its claims of intellectual property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim – whether you or Metro Private Cinema – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Metro Private Cinema is making a claim, the letter shall be sent, via email, to the email address listed in your Metro Private Cinema account, if applicable. If no such information exists or if such information is not current, then Metro Private Cinema has no obligations under this Section 17.b. to notify or delay bringing a claim. If you are making a claim, the letter shall be sent to Metro Private Cinema, 1305 W 22nd St., Austin, Texas 78705. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate arbitration proceedings as set forth in this Section 17. Either you or Metro Private Cinema, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 17.d) before the expiration of this sixty (60)-day period.
    c. Arbitration of Claims. The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes because these Terms and use of our Site concern interstate commerce. All actions or proceedings arising in connection with, touching upon or relating to these Terms, the breach thereof and/or the scope of the provisions of this Section, including statutory claims or claims sounding in tort, shall be submitted to JAMS (“JAMS”) for binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over Two Hundred Fifty Thousand U.S. Dollars (US$250,000) or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is Two Hundred Fifty Thousand U.S. Dollars (US$250,000) or less (as applicable, the “Rules”) to be held solely in Austin, Texas, in the English language in accordance with the provisions below.
    i. Each arbitration shall be conducted by a single arbitrator (the “Arbitrator”) who shall be mutually agreed upon by the parties. If the parties are unable to agree on the Arbitrator, the Arbitrator shall be appointed by JAMS. As set forth in Section 17.f, the claim of a party may not be joined as a class, consolidated, representative, collective, or private attorney general action with any claims of other parties.
    ii. The Arbitrator’s fees shall be initially paid by Metro Private Cinema, unless and until ultimately determined otherwise by the Arbitrator. If the arbitrator finds that a party proceeded in bad faith, the Arbitrator may award fees or costs in the exercise of its discretion. For clarity, each party shall be responsible for the payment of its own costs, attorneys’ fees, expert fees and all of its other fees, costs and expenses in connection with any arbitration.
    iii. The parties shall be entitled to conduct discovery as the Arbitrator authorizes as reasonable under all of the circumstances, based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under all the circumstances. Such discovery ordered by the arbitrator shall be limited to depositions and production of documents.
    iv. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth its factual and legal basis. The Arbitrator’s decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the state or federal courts located in Austin, Texas, which may be made ex parte, for confirmation and enforcement of the award.
    v. The Arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctions as proper under Texas law. Neither party is permitted to commence or maintain any action in a court of law with respect to dispute until such matter has been submitted to arbitration as provided here, and then only for the purpose of enforcing the Arbitrator’s award; provided, however, that prior to the appointment of the Arbitrator, either party, on a showing of irreparable harm and likelihood of success, and as limited by Section 17.d below, may seek pre-arbitration relief in a court of competent jurisdiction in Austin, Texas, or, if sought by Metro Private Cinema, such other court that may have jurisdiction over you. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
    d. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY METRO PRIVATE CINEMA. Without limiting the generality of the forgoing, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition, or other exploitation of any motion picture, production or project related to Metro Private Cinema, its parents, subsidiaries, and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production, or project. You may opt out, however, of arbitrating claims for public injunctive relief. If you do so, neither you nor Metro Private Cinema can require the other to participate in an arbitration of any claim of public injunctive relief, and you retain your right to bring such actions in a court that has jurisdiction. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, your email address, and a clear statement that you want to opt out of arbitration of public injunctive relief. Any requests to opt out must be sent to: Metro Private Cinema, 1305 W 22nd St., Austin, Texas 78705. If a court or arbitrator decides that any of this Section's limitations cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court subject to Section 17.a.
    e. Governing Law. These Terms, Dispute and IP Disputes, and any other claim brought by you against Metro Private Cinema or by Metro Private Cinema against you pursuant to this Section 17, or otherwise related to the Site or other Metro Private Cinema products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. The arbitration shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., not by the law of any state, and is otherwise enforceable pursuant to its terms on a self-executing basis. You and Metro Private Cinema agree that we intend that this Section 17 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 17 can only be amended by mutual agreement. Either party may seek enforcement of this Section 17 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
    f. Class Action Waiver. Both you and Metro Private Cinema waive the right to bring any Dispute, including but not limited to actions under the California Consumer Privacy Act, Telephone Consumer Protection Act, the Video Privacy Protection Act, Children’s Online Privacy Protection Act as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 17 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding subject to Section 17, and not in arbitration.
    g. Limited Time To File Claims.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR METRO PRIVATE CINEMA WANT TO ASSERT A GENERAL DISPUTE (BUT NOT AN IP DISPUTE) AGAINST THE OTHER, THEN YOU OR Metro Private Cinema MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 17 WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
    h. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 17.f.
    i. This Section 17 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
  18. Indemnity. You agree to, and you hereby, defend (if requested by Metro Private Cinema), indemnify, and hold Metro Private Cinema, and its subsidiaries, affiliates, officers, agents and other partners, and employees harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Metro Private Cinema, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Metro Private Cinema’s use of the information that you submit to us (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by Metro Private Cinema in the defense of any Claim and Losses. Notwithstanding the foregoing, Metro Private Cinema retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Metro Private Cinema reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Metro Private Cinema.
  19. Assignment. Metro Private Cinema may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Metro Private Cinema.