FilmVice Terms of Use

FilmVice provides a personalized subscription service that allows our members to access movies, articles and photos (“FilmVice content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“FilmVice ready devices”).

You have accepted these Terms of Use, which govern your use of our service.

As used in these Terms of Use, “FilmVice service”, “our service” or “the service” means the personalized service provided by FilmVice for discovering and watching FilmVice content, including all features and functionalities, recommendations and reviews, the website, the app, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH FILMVICE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Membership1.1. Use of our app is free. There are no costs to browse FilmVice content.

1.2. We may offer a number of membership plans, including free plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by FilmVice at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent FilmVice membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent FilmVice membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

FilmVice Service4.1. You must be at least 18 years of age to become a member of the FilmVice service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

4.2. The FilmVice service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your FilmVice membership, we grant you a limited, non-exclusive, non-transferable right to access the FilmVice service and view FilmVice content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

4.3. You may view FilmVice content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.

4.4. The FilmVice service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of FilmVice content.

4.5. You agree to use the FilmVice service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the FilmVice service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the FilmVice service; use any robot, spider, scraper or other automated means to access the FilmVice service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the FilmVice service; insert any code or product or manipulate the content of the FilmVice service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FilmVice service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.6. The quality of the display of the FilmVice content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K  or higher). You are responsible for all Internet and device data access charges. Please check with your Internet and mobile provider for information on possible Internet data usage charges. FilmVice makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching FilmVice content will vary based on a number of factors, including your location, available bandwidth at the time, the FilmVice content you have selected and the configuration of your FilmVice ready device.

4.8. The FilmVice software is developed by, or for, FilmVice and may solely be used for authorized streaming and viewing of content from FilmVice through FilmVice ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the FilmVice and related third-party software. If you do not accept the foregoing terms, do not use our service.

4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the FilmVice ready device for any issues related to the device and its compatibility with the FilmVice service. We do not take responsibility or otherwise warrant the performance of FilmVice ready devices, including the continued compatibility with our service.

Passwords and Account Access. The member who created the FilmVice account (the “Account Owner”) is responsible for any activity that occurs through the FilmVice account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the FilmVice ready devices that are used to access the service and not reveal the password to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, FilmVice or our partners from identity theft or other fraudulent activity. FilmVice is not obligated to credit or discount a membership for holds placed on the account by either a representative of FilmVice or by the automated processes of FilmVice. If your FilmVice ready device is sold, lost or stolen, please deactivate the FilmVice ready device. If you fail to log out or deactivate your device, subsequent users may access the FilmVice service through your account and may be able to access certain of your account information.

Disclaimers of Warranties and Limitations on Liability

6.1. THE FILMVICE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FILMVICE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FILMVICE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FILMVICE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FILMVICE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FILMVICE READY DEVICES, AND FILMVICE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FILMVICE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Arbitration Agreement

7.1. You and FilmVice agree that any dispute, claim or controversy arising out of or relating in any way to the FilmVice service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FilmVice are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your FilmVice membership.7.2. If you elect to seek arbitration or file a small claim court action, you must first send to FilmVice, by certified mail, a written Notice of your claim (“Notice”). The Notice to FilmVice must be addressed to: General Counsel, FilmVice, Inc.,

Address goes here (“Notice Address”). If FilmVice initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by FilmVice, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If FilmVice and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FilmVice may commence an arbitration proceeding or file a claim in small claims court.7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after FilmVice receives notice at the Notice Address that you have commenced arbitration, FilmVice will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

7.4. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless FilmVice and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of FilmVice’s last written settlement offer made before an arbitrator was selected (or if FilmVice did not make a settlement offer before an arbitrator was selected), then FilmVice will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

7.6. YOU AND FILMVICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FilmVice agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Miscellaneous8.1.

Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.8.2.

Unsolicited Materials. FilmVice does not accept unsolicited materials or ideas for FilmVice content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FilmVice. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against FilmVice and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.8.3.

Feedback. FilmVice is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the FilmVice service, including the FilmVice website, FilmVice app and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the FilmVice service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.8.4.

Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the FilmVice Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.8.5.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.8.6.

Changes to Terms of Use and Assignment. FilmVice may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable FilmVice service.8.7.

Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Last Updated: February 1, 2021