TERMS OF SERVICE
Detailed terms of service agreements are par for the course these days. We license both movies and technology from various folks, and they understandably want a few rules put in place. We are obligated to ask you to read all of the above, and you are obligated to do it. You won't find any surprises here, but please check through. And if you have any questions about this document, drop us a note at firstname.lastname@example.org.
Before you obtain any Video Content from Film Fresh, carefully read this Agreement. Any use of the site, including streaming, downloading, purchasing and renting of content, constitutes your agreement to use such content solely in accordance with the Usage Rules and the other terms and conditions of these Terms of Service. Any other use of the content may constitute a copyright infringement of the rights of the content owners and/or of Film Fresh.
Film Fresh reserves the right to change the terms and conditions for the Film Fresh Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
If you do not accept all the terms of this Agreement, you will not be able to download the Video Content.
1. Definition of the Film Fresh Store Service. Film Fresh is the provider of the Film Fresh Store (the "Service") that permits you to purchase digital content under certain terms and conditions as set forth in this Agreement.
2. Territory. Purchases from the Film Fresh Store are available only in the United States, its territories, and possessions, and are not available in any other location. You agree not to use or attempt to use the Film Fresh Store from outside of the available territory.
3. Age Requirements. This Service is not intended for minors. Some of the content available on the Service is inappropriate for children. Film Fresh is intended for use by persons over the age of eighteen (18) years of age. Anyone under the age of eighteen (18) should seek consent from his/her legal guardian before using this site, and such legal guardian should strictly monitor minors using the site.
4. Objectionable Material. Content available on Film Fresh may be deemed offensive, indecent, or objectionable, and content may or may not be identified as having explicit language. You understand that by using the Service, you may encounter such content. By use of the site you agree that you are doing so at your sole risk and that Film Fresh shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
5. System Requirements. Use of the Service requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that meeting such system requirements, which may be changed from time to time, are your responsibility.
7. User Account and Security.
- a. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Film Fresh may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Film Fresh may store and use the Registration Data you provide (and, with your permission, credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
- b. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You are entirely responsible for all activities that occur on or through your Account. Film Fresh shall not be responsible for any losses arising out of the unauthorized use of your Account.
- c. Security. You understand that the Service and products transacted through the Service use technology framework that protects digital information and limits your usage of Products to certain usage rules established by Film Fresh and its licensors ("Usage Rules"). You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software or site in any manner or form, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
8. Purchase of Film Fresh Content
- a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Film Fresh shall be without liability to you in the event of any loss, destruction, or damage.
- b. Use of Products. You acknowledge that Products (other than the Film Fresh Plus Products) contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
9. Usage Rules
- (i) You shall be authorized to use the Products for personal, noncommercial use only.
- (ii) You shall be authorized to use the Products on six (6) Film Fresh-authorized devices at any time.
- (iii) You shall be entitled to export, transfer or copy (if applicable) Products solely for personal, noncommercial use.
- (iv) Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any Product.
- (v) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
- (vi) You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Film Fresh reserves the right to modify the Usage Rules at any time.
10. No Right To Continued Service. You acknowledge that Film Fresh licenses some or all of the content under agreement with third parties, and that Film Fresh is constantly administering the Site, including the Usage Rules. Film Fresh may add, delete or disable content, and/or add, delete, disable or modify some or all of the Site, at its sole election, and you acknowledge: (1) that you may no longer be able to use the Site to the same extent - or at all - as prior to such change or discontinuation, and (2) that Film Fresh shall have no liability to you in such case. In no event will Film Fresh be liable for the removal of or disabling of access to any content, materials or functionality of the Site. Film Fresh may also impose limits on the use of or access to certain features or portions of the content or the Site, in any case and without notice or liability.
11. Film Fresh Features. The Service may offer features that allow you to submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Film Fresh a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. Film Fresh reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
12. Agreement to Pay. You acknowledge that your electronic submissions constitute your agreement to to pay for all Products you purchase through the Service, and that Film Fresh may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account.
13. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Film Fresh.
14. Intellectual Property.
- a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Film Fresh and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
- b. Removal of Film Fresh Content or Other Materials. Notwithstanding any other provision of this Agreement, Film Fresh and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Film Fresh be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Film Fresh may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
- c. Copyrights. All copyrights in and to the Service, including but not limited to, the Film Fresh Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Film Fresh and/or its licensors, who reserve all their rights in law and equity. Use in any way for any part of the Service, except for use in accordnance with these terms of service is prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties.
- d. Trademarks. Film Fresh, the Film Fresh logo, Film Fresh, and other Film Fresh trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Film Fresh Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- a. Termination by Film Fresh. If you fail, or Film Fresh suspects that you have failed, to comply with any of the provisions of this Agreement, Film Fresh, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
- b. Termination of the Service. Film Fresh reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Film Fresh will not be liable to you or to any third party should it exercise such rights.
16. General Compliance with Laws. The Service is controlled and operated by Film Fresh from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
17. Enforcement of These Terms. Film Fresh reserves the right to takes steps Film Fresh believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Film Fresh's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Film Fresh has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Film Fresh believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Film Fresh's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
18. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Film Fresh may provide links to certain third-party Web sites. You acknowledge and agree that Film Fresh is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Film Fresh does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Film Fresh is not in any way responsible for any such use by you.
19. Disclaimer of Warranties; Liability Limitations.
- a. FILM FRESH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FILM FRESH MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
- b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY FILM FRESH) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- c. IN NO CASE SHALL FILM FRESH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FILM FRESH'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- d. FILM FRESH SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FILM FRESH HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- e. FILM FRESH DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FILM FRESH DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM THE FILM FRESH STORE THAT ARE STORED IN YOUR SYSTEM.
20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD FILM FRESH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY FILM FRESH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FILM FRESH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FILM FRESH'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
21. Changes. Film Fresh reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Film Fresh Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
22. Notices. Film Fresh may send you notice with respect to the Service by sending an email message to the email address listed in your Film Fresh Account contact information, by sending a letter via postal mail to the contact address listed in your Film Fresh Account contact information, or by a posting on the Film Fresh Store. Notices shall become effective immediately.
23. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Film Fresh or relating in any way to your use of the Service resides in the courts of the State of California.
24. Miscellaneous. These Terms of Service constitute the entire agreement between you and Film Fresh and govern your use of the Service, superseding any prior agreements between you and Film Fresh. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Film Fresh's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Film Fresh will not be responsible for failures to fulfill any obligations due to causes beyond its control.