Effective November 1, 2018
- Collection of Information
- Use of Information
- Disclosure of Information
- Third Party Websites, Platforms and Applications
- Your Rights
- Social Networking and Our Social Terms
- Cookies, Web Beacons, Tags, Other Technologies and Online Tracking
- Third Party Advertising on Our Services
- Changes, Arbitration & Other Information
- Contact Us
Collection of Information
What Information is Collected About You and Your Activities, and Your Use of Our Services?
Information we gather may change from time to time and will include both personal information and non-personal information, including the following categories and examples:
- Personal information and non-personal information, including your name, email address, date of birth, service address, phone number, username, password, security question answers and responses, account preferences, and other similar or related information;
- Billing information including a credit or debit card number, its expiration date, security code, associated name, billing address, your account purchase and payment history, and any other information you, your credit/debit card issuer or our payment processors provide or make available to us related to billing;
- Information automatically collected and associated with your account when you use our Services, such as records of usage and interaction with our Services, viewing choices and habits, location, device information, operating system information, Internet Protocol (“IP”) address, wireless network, persistent identifiers including your AD-ID, and the number of concurrent streams accessed by your account;
- Information related to your communication with us, such as complaints, questions, suggestions, and other information communicated to customer service agents or similar individuals or computer applications, regardless of whether communicated by phone, e-mail, chat, entry on any of our Websites, into any of our Apps, or by any other means available at the time;
- Information automatically collected and transmitted when you visit any of our Websites or Apps, such as information contained in cookies, web beacons, tags and other technologies related to your online behavioral activities (for example, pages visited, searches requested and other browser related information and activity), and any other information collected using such or similar technologies as further described below;
- Information obtained from third parties such as business partners and affiliates, consumer reporting agencies and other service providers (for example, video programming providers, advertising networks, advertising technology companies, and other service providers that perform advertising-related services for us and our business partners); and
- Records of research concerning your and other User’s satisfaction and viewing habits, which may be obtained from any voluntary surveys, interviews and other questionnaires or methods.
Are Third Parties Collecting My Information?
From time to time, we may allow you to use our Services with social networking services and connect your Membership Account with accounts that you have with third parties including with certain third-party social networks (“Third-Party Accounts”). If you choose to share information about your activities with Third-Party Accounts, then Fancy Flix may send information about you to such third parties. For more information about how Fancy Flix works with Third-Party Accounts including social networks, please review our Social Terms below.
Fancy Flix may also permit third parties to collect certain information related to your usage of our Services, such as viewer measurement and other data related to your activities for market research, ratings, viewer measurement and other analytical and reporting purposes. Additional information about the types of information and certain methods related to our sharing are further described below.
Use of Information
How We Use the Information We Collect?
- Operate, provide, develop, improve, update, extend, and maintain our Services;
- Confirm that you are receiving the level(s) or service(s) of service requested and are properly billed;
- Identify when changes are made to our Services or your Membership Account;
- Inform you of products, programming, offers, or other services offered by us or by third parties that may be of interest to you;
- Make programming or other content recommendations;
- Understand the use of, and identify improvements to, our Services;
- Detect and prevent unauthorized reception of or use of our Services;
- Configure our Service-related devices;
- Comply with applicable laws;
- Scrub or correct our data, or append additional information to the information we collect;
- Enable the development, publication, and sale of aggregated and de-identified information related to our Services and its business partners;
- Facilitate advertising and advertising-related services, including targeted and other customized advertising, and the sale of related advertising and advertising-related products and services; and
- As otherwise deemed necessary by us to develop, improve or otherwise provide our Services and/or for any other legitimate business purposes.
Disclosure of Information
What Information Do We Share with Others?
Service Providers and Business Partners: We engage with third-party business partners and employ third-party service providers to perform various functions on our behalf. Some of the services provided include: processing credit card or debit card payments; performing payment card fraud scoring and fraud prevention modeling; removing repetitive information from customer lists; anonymizing, appending and analyzing data; validating, authenticating, and monitoring streams; developing, hosting, and maintaining our Services, databases and data processing systems; creating third-party products and services, including market research, and ratings products and services; sending, storing, receiving e-mail, and other communications; and customer service operations. These service providers and business partners may have access to the information we collect about you, may be allowed by us to collect information about you, and may receive information about you authorized to be shared with them by us as reasonably necessary to enable the provision of the Services and our engagement in such business partnerships.
Social Sharing: Fancy Flix may enable social features that offer the opportunity to share information, such as what you watch on our Services or what you “like” or otherwise recommend. This information may be shared within Fancy Flix as well as on other third-party websites and platforms and in other communications. You may elect to enable use of our social features by connecting one or more third-party accounts to your Membership Account. Your election to connect your Fancy Flix account to a third-party accounts and your use of any sharing or other social features offered by any of our Services is subject to your acceptance and agreement to our Social Terms below. Please review the Social Terms for details regarding our social features, such as the information we collect, use and disclose, and how to disconnect or otherwise exercise your choices regarding your use of these features.
Public Reviews, Recommendations, and Statements: If you disclose your personal information in a manner that will be posted publicly, such as in a product review or on social media, your posting will be seen by others. Also, Fancy Flix may make it possible for certain third-party websites to be accessed directly from our Websites and Apps and for certain information about you to be provided to these third-party websites if you are also a user of such third-party websites. If a third-party website allows other Users to view information about you (e.g., through posting to a publicly-available profile page), the information provided by Fancy Flix will be visible to other Users of such third-party website.
How Do We Handle Information from Children?
How Do We Protect Your Information?
We take reasonable commercial measures designed to protect the personal information and certain non-personal information Fancy Flix collects, uses, stores, shares, and transfers. We have implemented physical, technological and organizational procedures designed to protect the integrity and security, and to ensure the appropriate use of your personal information. We endeavor to ensure that our business partners, service providers and any other third party to whom we provide access to your personal information provides a level of security at least as protective as ours. These procedures are tailored to the nature, sensitivity, and format of the information accessed, collected, used, stored, shared, or transferred by Fancy Flix.
Third Party Websites, Platforms and Applications
What about Links to Third Party Websites?
Please be aware that Fancy Flix is not responsible for the data collection, use, disclosure and storage practices (or any action or omission) of companies or organizations to which our website may provide links. Some links are provided by us in connection with our efforts to provide you with comprehensive information on our Services and the information practices described herein. We encourage our Users to be aware when they leave our Websites and Apps, and to read the privacy policies of any third party website or other platform that requests or collects personal information from you.
How Can I Access or Correct My Personal Information?
We endeavor to provide you with access to, and the ability to update, add to, correct, or otherwise modify, a variety of information associated with your Membership Account, including your preferred contact information. You must be signed in to your Membership Account on our Website to access, update, add to, correct, or otherwise modify the information associated with your Membership Account. Please be aware that in most cases, we will retain the previously entered information for some period of time as necessary for our business purposes and/or to comply with legal requirements. If you have trouble accessing or correcting personal information or are experiencing issues related to our billing service provider, please contact us at: email@example.com.
Social Networking and Our Social Terms
Do We Enable Social Sharing?
From time to time, we may offer you the choice to connect your Membership Account to Third-Party Accounts. Please review these social sharing terms (“Social Terms”) carefully before deciding to connect your Membership Account to any Third-Party Account, or before using any social features available to you. If you decide that you are not comfortable with the sharing involved, then do not connect your Membership Account to any Third-Party Account(s) or use the particular social feature available.
Choosing to connect to any Third-Party Account may allow you to take advantage of a variety of other social features, including, sending recommendations to your “friends” or other connected users, and sharing what you watch with them automatically. Please be aware that by choosing to connect your Membership Account to any Third-Party Account, you are agreeing to these Social Terms and are consenting to the collection, use, and sharing of information about you (which in some cases may include sharing what you watch) with us and others as explained herein. If you use “Like” or similar recommendation and sharing buttons while using certain of our Websites or Apps, then you will post what you are watching to your timeline, feed, or other applicable profile.
By agreeing to these Social Terms, you confirm that you understand and have consented to the following:
Can I Connect My Membership Account to Third-Party Accounts?
If you have connected a Third-Party Account to your Membership Account, you can disconnect by visiting the settings in your account through our Websites; provided, however, that you may be required to provide additional (or confirm existing) information necessary to maintain your Membership Account, if any, upon such disconnection. For clarity, you may not be able to disconnect from your Third-Party Account(s) through the settings available in our Apps. You may also be able to disconnect your Membership Account by accessing the settings and preferences in such Third-Party Account, which is controlled by the applicable Third-Party Account provider.
Cookies, Web Beacons, Tags, Other Technologies and Online Tracking
What About Cookies, Web Beacons, Tags, Other Technologies, and Online Tracking?
Some of our Websites and HTML-formatted e-mails and e-newsletters use web beacons to compile statistics about our Website usage. A web beacon is a technology used in the transmission of information. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view, and a description of the page where the web beacon is placed. You may be able to disable some web beacons by rejecting their associated cookies.
We also collect information in log files that include data such as IP addresses, browser type, device type, Internet Service Provider, referring/exit pages, platform type, date/time stamp, and number of clicks. Fancy Flix, our business partners, and our service providers use this information to analyze trends, administer our Services, track usage and Users’ movement in the aggregate, as well as to gather broad demographic information and for the other purposes described above.
Is Information Used for Market Research, Ratings, Viewer Measurement, and Other Related Business, Analytics, and Reporting Purposes?
Fancy Flix may also permit third parties to collect certain information related to your usage of our Services, such as viewer measurement and other data related to your activities for use by us, our business partners and certain service providers in connection with market research, ratings, viewer measurement and other related business, analytical and reporting purposes. Information collected and used by these companies is described in further detail above. Our agreements with business partners and service providers that collect information limit the types and use of information shared with these companies.
Third Party Advertising on Our Services
Fancy Flix carries advertisements from other companies, often with the ability to click through to websites or properties run by these other companies.
What Happens If I Click On or View an Ad in Our Services?
Is Information About Me Shared with these Third Parties for Advertising Purposes?
We may share the information collected from or about you with advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements, among other reasons related to such third parties’ legitimate business purposes. This information includes your use of our Services, websites you visited, advertisements delivered, and other activities online. Our agreements with advertisers, advertising technology companies, and service providers that perform advertising-related services for us are designed to limit the types of information shared with these companies and how they may use it.
Can I Opt-Out of Third-Party Online Behavioral Advertising?
Some of these advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners provide additional information related to their products and services, and certain choices you have related thereto, including downloadable cookies and other technologies designed to limit tracking and/or targeted advertising described below.
How Can I Limit Third Parties From Tracking My Information or Targeting Me With Advertising?
In connection with certain advertisers, advertising technology products, and service providers that perform advertising-related services for us and our business partners and their related cookies, web beacons, tags, and related information collection technologies, each as described above, and policies related to their use of information, such third parties have provided additional information for you to learn more about their products, services and practices, and your choices in regard to them.
As further described above, please be aware that Fancy Flix is not responsible for any third-party information collection technologies or the choices made available by them, including the accuracy of any information or effectiveness of any opt-outs (e.g., ad-blocking cookies) offered by such third parties or other mechanisms designed to limit tracking or targeted advertising. For clarity, you are not able to opt-out of being served advertising, or to limit the number of advertisements delivered to you in connection with our Services. Please be aware that even if you choose to opt-out of certain information tracking technologies and/or targeted advertising, you will continue to receive advertisements in the Services. We suggest that you review third-party privacy policies, and your choices with respect to those, in detail before electing any opt-in or opt-out made available to you.
Changes, Arbitration & Other Information
How are Disputes Handled?
Where is Information Transferred?
- Section 2: OUR SERVICES
- Section 3: MEMBERSHIP ACCOUNTS
- Section 4: TRANSACTIONAL AND SUBSCRIPTION SERVICES; PACKAGES AND LEVELS; PROMOTIONS AND OTHER PACKAGES
- Section 5: BILLING
- Section 6: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
- Section 7: INTELLECTUAL PROPERTY
- Section 8: DISCLAIMER OF WARRANTIES
- Section 9: LIMITATION OF LIABILITY
- Section 10: INDEMNIFICATION
- Section 11: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Section 12: MISCELLANEOUS
Section 2: OUR SERVICES
- Our Services. By subscribing to our Services, you receive access to and use of: (i) certain software, technology and other intellectual property rights (including all functionality and data contained therein) (e.g., adaptive streaming and third-party platform authentication) owned or operated by us (regardless whether available for download directly or indirectly from Fancy Flix) (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current Services.
- Internet Connection. In order to access and use our Services, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use our Services. Fancy Flix is not responsible for your Internet Connectivity (or the amount of data consumed by you in connection with your use of any of our Services). The time it takes to access and use any of our Services (e.g., watching a movie or TV show) will vary based on a number of factors, including your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Services you are attempting to access, the device(s) you use to access our Services and other factors outside of our control. Fancy Flix makes no representations or warranties about the speed or quality of your watching experience on your or any device, and reserves the right to change our Services (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) and configuration are compatible with our Services and the format thereof. By accessing or using our Services, you agree to look solely to the entity that provides your Internet Connection for any issues related to such connection and/or its compatibility with, or sufficiency for accessing and using, any of our Services.
- Devices. Not all devices are compatible, or permissible, for use with our Services. Currently we only support Android mobile devices. Permitted Devices, are manufactured and sold by entities other than Fancy Flix. In order to use our Services, you must have a Permitted Device, and you will need to obtain such Permitted Device from a third-party provider of such device at your sole cost and expense. You may use more than one Permitted Device, but the number of Authorized User(s) concurrently accessing or using our Services may be limited to one (1) Permitted Device at any time. In addition, certain of our Services, or portions of the functionality thereof, may be “blacked-out” or not-available on certain Permitted Device(s). By accessing or using any of our Services, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device, the operating system thereon and/or its or their compatibility with any of our Services.
- Use of Adaptive Bitrate Streaming. Our audiovisual Services, including, without limitation, live TV channels, use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth.
- Programming Content and Restrictions. Certain of our Services may be “blacked out” in your viewing area (e.g., local broadcast channels, sporting events and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these “blackouts,” then you may be subject to legal action brought by us or third parties. Certain of our Services may have additional restrictions and your access to such Services will be subject to those restrictions (e.g., you must be at least 18 years of age, or the applicable age of majority where you live, in order to access certain adult-oriented programming or similar Services).
Section 3: MEMBERSHIP ACCOUNTS
- Device Deactivation. If your device is transferred, lost, or stolen, then you must immediately contact Customer Service at: firstname.lastname@example.org. It is your sole responsibility to notify us of any transferred, lost, or stolen devices, and to prevent any unauthorized access to our Services and your Membership Account. Please review the risks and responsibilities of allowing third-party access to your Membership Account (see Section 3.A. above) that may result from your failure to notify us that your device was transferred, lost, or stolen.
Section 4: TRANSACTIONAL AND SUBSCRIPTION SERVICES; PACKAGES AND LEVELS; PROMOTIONS AND OTHER PACKAGES
- Packages of Subscription Services. We may offer a number of different packages of Subscription Services, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Services. Some promotional packages may be 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. We reserve the right to modify, terminate, or otherwise amend the Subscription Services offered by us, and the contents of the packages and levels thereof.
- Minimum Requirements. Fancy Flix reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, Fancy Flix may require a minimum commitment term, or Fancy Flix may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Subscription Services. In order to purchase certain packages, you may be required to first subscribe to Services for a set term (e.g., a year-long subscription).
- Only One Promotion per Account Owner. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. Fancy Flix reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Fancy Flix reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any Services desired by you.
- Cancellation Policies. Your Subscription Services are prepaid on a monthly billing period basis and you may contact us to cancel them at any time by visiting email@example.com. Because charges are prepaid each billing period, when you contact us to cancel your Subscription Services, your subscription will continue, and you will be able to enjoy your Subscription Services through the end of, the then-current billing period (except as otherwise provided herein to the contrary (see Section 5.D.) or in any Promotional Terms). Refunds are not issued for a partial billing period. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIAL-USE, EARLY CANCELATION OR UNWATCHED PRE-PAID SERVICES. When you cancel your Subscription Services, you may be subject to certain charges and fees as set forth in any applicable Promotional Terms, and if you have taken advantage of a promotional offer that required you to pre-pay for a minimum period of time (e.g., 3 months), then your cancellation will not become effective until the end of that minimum period of time, and in such case, for purposes of such promotional offer, your initial “billing period” will mean such minimum period of time. Your cancelation of Subscription Services does not automatically cancel your Membership Account or access to our Transactional Services.
Section 5: BILLING
- Fees and Charges. We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. Fancy Flix may, from time to time and at any time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account. State and local taxes or reimbursement charges for gross earnings taxes in some states may apply.
- No Returns, Credits or Refunds. YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE (E.G., SUBSCRIPTION SERVICES NOT USED OR TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED). Because charges are prepaid each billing period, following your cancellation of any of your Subscription Services or Transactional Services, you will continue to have access to any and all of such Services for which you have paid through the end of your then-current billing period, and to certain of our other Services that do not require any payment, including, access to and use of certain portions of our Websites and Apps. Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance whatsoever.
Section 6: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
- Communications. By registering for a Membership Account, you hereby consent to receive electronic communications from us and other Contributors related to such account and our Services. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Membership Account, and will include notices about your Membership Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices, and other similar or transactional information related to such account); these communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Service at firstname.lastname@example.org, click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.
Section 7: INTELLECTUAL PROPERTY
- Fancy Flix Property. The “Fancy Flix” Services, including any and all content made available in connection with your access and use of our Services, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws.
- End-User License Agreement. Our Websites, Apps, and other software and technologies are developed by, or for, us and are designed to enable our provision of certain content through Permitted Devices. Our Websites, Apps, and other software and technologies may vary by Permitted Device, operating system, or other medium and the functionalities thereof may also differ among Permitted Devices. BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR END USER LICENSE AGREEMENT (I.E., OUR EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS, AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN OUR EULA, THEN DO NOT USE ANY OF OUR SERVICES.
- Reporting Claims. If you have a reasonable belief that your or any other’s protected works have been reproduced or distributed in a way that constitutes copyright infringement, or are otherwise aware of any content available in connection with the Services that may be infringing, violating, or otherwise misappropriating your rights or such other party’s rights, then please notify us immediately.
Section 8: DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- NEITHER FANCY FLIX NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY WHATSOEVER THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRANSFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE VARIETY, QUANTITY, OR QUALITY OF ANY MEDIA, PRODUCTS, SERVICES, ACCESSORIES, INFORMATION, OR OTHER MATERIAL RENTED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- FANCY FLIX MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTION FOR USE WITH CERTAIN OF OUR SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT FANCY FLIX WILL HAVE NO RESPONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVITY AND FANCY FLIX DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY WILL IMPROVE OUR SERVICE(S). PLEASE BE AWARE THAT CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
- FANCY FLIX MAY RECOMMEND OR LIST THE NAMES OF CERTAIN DEVICES PERMITTED FOR USE WITH CERTAIN OF OUR SERVICES, BUT YOU HEREBY AGREE AND UNDERSTAND THAT FANCY FLIX DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER FOR AND FANCY FLIX DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES. YOU MAY ONLY USE OUR SERVICES ON PERMITTED DEVICES.
- 5WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR POTION OF SERVICES AS A RESULT OF ANY CHANGE.
- ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER FANCY FLIX NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.
Section 9: LIMITATION OF LIABILITY
- Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FANCY FLIX NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (E.G., INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF FANCY FLIX OR ANY OF SUCH OTHER CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, OR OTHERWISE RESULTING DIRECTLY OR INDIRECTLY FROM: (i) USE OF ANY OF OUR SERVICES; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR MEMBERSHIP ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES; OR (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR SERVICES, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF FANCY FLIX OR THE OTHER CONTRIBUTORS.
- Force Majeure. NEITHER FANCY FLIX NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
- Applicability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S).
Section 10: INDEMNIFICATION
Section 11: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Dispute Resolution. If a Dispute arises and you or we wish to seek arbitration or file any action in small claims court, then the party wishing to seek arbitration or file an action must first send to the other party, by certified mail, notice of the applicable Dispute (“Dispute Notice”), and you and Fancy Flix hereby agree to attempt to resolve any such Dispute through informal dispute resolution for at least 60 days following the date on which the applicable Dispute Notice is properly sent. To initiate arbitration proceedings the party seeking such arbitration must open a case by filing with the American Arbitration Association (“AAA”) a demand for such arbitration, paying the administrative filing fee and providing a copy of the applicable arbitration agreement (collectively, the “Demand for Arbitration”); you will only be responsible for paying an arbitration initiation fee equal to the amount that you would pay to file a lawsuit against us in the appropriate court of law in your state, not to exceed $125.00.
- Class Action Waiver. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE). Further, unless both you and Fancy Flix specifically agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s individual claim. In the event that this Section 11.E. or any other material provision of this Section 11 is held to be unenforceable, void or voidable, then Section 11 in its entirety will be void, ab initio.
Section 12: MISCELLANEOUS
Fancy Flix End-User License Agreement (EULA)
Effective November 1, 2018
BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THIS END-USER LICENSE AGREEMENT (“EULA”) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN THIS EULA, THEN DO NOT USE ANY OF OUR SERVICES.
Please note that this EULA includes embedded hyperlinks that may only be accessed through our Websites, and if you are reviewing this EULA through certain applications or other platforms, then you may need to visit www.fancyflix.com in your browser to review any hyperlinked terms incorporated herein.
Acceptance and Acknowledgement
BY ACCESSING, DOWNLOADING AND/OR USING ANY SOFTWARE PROVIDED TO YOU BY OR ON BEHALF OF FANCY FLIX IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ THIS EULA; (2) UNDERSTAND IT AND THE TERMS AND CONDITIONS SET FORTH HEREIN; (3) ARE BOUND BY SUCH TERMS AND CONDITIONS OF THIS LIMITED END-USER LICENSE AGREEMENT; AND (4) MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, ANY OF OUR SOFTWARE.
Fancy Flix reserves the right, at any time and from time to time, in its sole and absolute discretion, with or without notice to you, to change the terms of this EULA. The most current version of this EULA will supersede all previous versions. Your use of any software after changes are made to the EULA means that you agree to be bound by such changes. As such, you should review this EULA regularly.
Certain Rights and Restrictions on Use
A. Reservation of Rights. Our software and other Services contain material that is protected by copyright and other applicable intellectual property laws in the United States, other territories and by international treaty provisions. The software is licensed, not sold or given, to you by Fancy Flix for use only under the terms of this EULA and all rights not specifically granted to you herein are reserved to Fancy Flix and to any third party with ownership rights in such software, content and documentation used therein. You may not remove any proprietary notice of Fancy Flix or any other party from any copy of the software, content or documentation.
B. No Ownership Rights. You acknowledge and agree you have no ownership rights in any software, content or any Services; and that you have a limited license to use such software and Services, and to view such content only so long as this EULA remains in effect. Ownership of our Services, software and content provided in connection therewith, and all intellectual property rights therein, as between the parties, shall remain at all times with Fancy Flix and/or its applicable licensors. Any other use of the software by any other person, business, corporation, government or any other entity is strictly prohibited and is a material violation of this EULA.
D. Copies of Software. The license grant above includes the right to use documentation accompanying the software for the sole purpose of using Service and the right to make one (1) backup copy of the software, provided that (i) the software is installed on only the number of Fancy Flix ready devices authorized by Fancy Flix (which number shall be one (1) Fancy Flix ready devices unless otherwise agreed or modified in writing by Fancy Flix); (ii) the software may NOT be modified; (iii) all copyright notices are maintained on the software; and (iv) you agree to be bound by all the terms of this EULA.
E. Prohibited Actions. As a condition of the limited rights to access and use the software granted to you in this EULA, except as and only to the extent expressly permitted in this EULA or by applicable law which cannot be waived by this EULA, you MAY NOT:
i. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the software or any part thereof;
ii. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the software to human readable form;
iii. use the software to obtain unauthorized access to any streaming content, to interfere with the integrity of the functionality of the software to violate any applicable laws;
iv. attempt to access or create the source code from the object code of the software or otherwise from our Services;
v. transmit or make any software, content or other portion of our Services available over any network where it could be used by multiple devices or unauthorized users or Permitted at the same time;
vi. make any third-party software contained in the software a standalone product;
vii. take any action that will infringe on the intellectual property or other proprietary rights of Fancy Flix or any third party software provider or other licensor;
viii. bypass or breach any security mechanism, device or other protection used for or contained in the software;
ix. remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, term, warranties, disclaimers, symbols, notices, marks, serial number or other information or materials in, on or relating to any software;
x. use the software for purposes of (1) benchmarking or competitive analysis of the software or our Services, (2) developing, using or otherwise providing a competing software product or service to the applicable software or our Services, or (3) any other purpose that is to Fancy Flix’s detriment or commercial disadvantage;
xi. sublicense, transfer or assign any rights to the software or other Services;
xii. access, download or otherwise use the software on any device or other hardware other than Permitted Devices;
xiii. view any content provided by Fancy Flix or its suppliers or access Fancy Flix Services anywhere other than within the United States or location authorized by Fancy Flix (“Territory”); and
xiv. instantly watch content or access or otherwise use our Services outside of the Territory, and Fancy Flix may use geo-blocking and other similar technologies to verify your compliance with restrictions related to your use solely within the Territory.
F. United States Government End Users. The software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end users (1) only as Commercial Items and (1) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
G. Effect of Uninstalling Software. If you uninstall our software, then you will no longer be able to use such software to access the Services on the applicable Permitted Device.
Software; Third Party Software and Content
A. Software Upgrades. Fancy Flix may issue you an upgraded version of the software automatically upon an instance of your use of the software and other of our Services or otherwise in connection with your use of any Permitted Device. In certain circumstances, we may require you to consent to an upgrade of the applicable software (“Software Upgrades”) before using, installing or accessing such software. If you decline any of our Software Upgrades, then you may not be able to use or access the software or our other Services, including Subscription Services purchased by you.
B. System Compatibility. Your ability to use our Services is subject to your and system’s compatibility with our software as such requirements may change from time to time. Compatibility of system requirements with our software is your responsibility. Additional detail related to compatibility of your system can be found at: www.fancyflix.com.
D. Third Party Software. There is software contained within our Services that has been licensed directly and indirectly to us by third parties. The term “software” as used in this EULA includes such third-party software and our software; provided that any provisions related to software that refer expressly to our ownership or other specific rights of Fancy Flix are only as between you and us with respect to such third-party software. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to third-party software used in our software and other Services. Certain software programs specified in the licenses referenced in Section 7 (“Software Notices”) below may contain additional grants and/or restrictions. Please review the Software Notices below.
E. Prohibited Export. You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was legally obtained and authorized by Fancy Flix. In particular, but without limitation, the software may not be exported or re-exported (i) into (or to a national or resident of) any United States embargoed countries or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Services (including our software), you represent and warrant that you are not located in any such country or on any such list.
Consent to Collection, Processing and other Use of Data