Fancy Flix Privacy Policy

Effective November 1, 2018

This Privacy Policy provides information and serves as notice to you of Fancy Flix and its affiliates (collectively referred to in this Privacy Policy as “we”, “us, “our” or “Fancy Flix”) policies and practices regarding the collection, use, storage, disclosure and transfer of certain information, including your personal information, in connection with our websites (“Websites”) and our applications (“Apps”) (such Websites and Apps together with any other “Fancy Flix” branded products and services are collectively referred to in this Privacy Policy as “Services”). You, other visitors to our Websites and Apps, and other end users of our Services are collectively referred to in this Privacy Policy as “you”, “your” and “Users”.

Your access to and use of any of our Services demonstrates your agreement and acceptance of the terms and conditions contained in this Privacy Policy and your consent to the information practices described herein. Capitalized terms used in this Privacy Policy but not defined herein have the meanings given to such terms in the Terms of Use.

Use of the term “personal information” in this Privacy Policy refers to information that can be used to uniquely identify or contact you, and information coupled with such identifying information. Information that is not personal information (referred to in this Privacy Policy as non-personal information) is information that does not allow for direct association with your identity.

Please note that this Privacy Policy includes embedded hyperlinks that may only be accessed through our website www.fancyflix.com, and if you are reviewing this Privacy Policy through device applications or platforms, then you may need to visit www.fancyflix.com in your browser in order to review any hyperlinked terms incorporated herein.

BY ACCESSING AND/OR USING OUR SERVICES YOU AND FANCY FLIX ACKNOWLEDGE YOUR UNDERSTANDING OF, AND HEREBY CONFIRM YOUR AGREEMENT TO BINDING ARBITRATION AND WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION IN CONNECTION WITH ANY DISPUTE WILL BE DETERMINED IN ACCORDANCE WITH THE “DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER” PROVISIONS SET FORTH IN SECTION 11 OF THE TERMS OF USE.

 

Privacy Policy: Table of Contents

  • Collection of Information
  • Use of Information
  • Disclosure of Information
  • Children
  • Security
  • 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?

Generally speaking, we may collect, transmit and maintain information, including personal information about you when you access our Websites or Apps, or otherwise access or use our Services. In many cases we use service providers to enable collection of information by us or on our behalf for our use and our business purposes, such as billing services, security or monitoring services, validation and authentication services, and other services that comprise, enhance, maintain, enable or otherwise support our Services. Information is gathered in a number of ways described in this Privacy Policy, such as when directly provided by you on our Websites or in our Apps to create or update your Membership Account, in connection with purchase and use of our Services, and through the use of cookies, web beacons, tags and other technologies below.

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?

Our Services may be provided through Internet websites or other platforms operated by other companies. For example, you can access many of our Services from our Websites and Apps and by using certain Internet-connected devices and other similar platforms that are not operated or maintained by us. As further described below, we are not responsible for the information, security or privacy practices of such third parties or any third-party platforms. If you are using our Services on a third-party operated platform, you should check the privacy policy of the applicable third party to determine how it handles any information it collects from or about you.

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 places advertisements on our Services and on third-party platforms, and also places advertisements from third-party advertisers on our Services, often with the ability to click through to websites or properties run by these other third parties. Advertisers, advertising technology companies and service providers that perform advertising-related services for us and our business partners may use cookies, web beacons, tags and other technologies, to collect information from or about you in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements as further described 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?

We use the types of information described in this Privacy Policy primarily to conduct business activities related to providing you with our Services, to develop and improve our Services and to manage and detect unauthorized use of our Services. Generally speaking, we use information that we collect in connection with business purposes related to improving and developing our Services, billing and collections, administration, surveys, marketing, communication regarding changes or updates to our Services, and about new services or products, service delivery, advertising, customization, maintenance, fraud prevention, and other legitimate business purposes that may arise from time to time. We may also use personal information, non-personal information (such as certain persistent identifiers and aggregated information) about you to deliver targeted or other customized advertising, offers and other services. We also use personal information to, among other things:

  • 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;
  • Determine whether applicable policies and terms of use are being violated;
  • 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.

Other Parties In Connection With a Transfer of Assets, Equity, or other Corporate Reorganization: If Fancy Flix or its assets are acquired by, merged with, or otherwise transferred to another company, then information we collect about you may be disclosed to the surviving or acquiring company to allow it to fulfill your order or provide the products, services, or information that Fancy Flix would otherwise provide to you and generally to carry on Fancy Flix’s business operations. In addition, and for further clarity, we may use and disclose information we collect about you to parties connected with the contemplated or actual financing, insuring, sale, assignment, or other disposal of all or part of our business or assets, including, for the purposes of determining whether to proceed or continue with such transaction or business relationship and for fulfilling any records or other reporting requirements to such parties. We will require such parties to treat your personal information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected, as described herein.

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.

Social Plug-ins: In addition to our sharing and social features, some of our Websites and Apps may contain social plug-ins, such as those offered by social networks, to allow you to share information on those third parties’ platforms. Social plug-ins are operated by the applicable social network or other third parties, and are subject to their terms of use and privacy policies, as further described below. Fancy Flix does not control how the applicable third party operates its plug-ins. You should review their terms of use and privacy policies before you use them.

Other Parties When Required By Law or When Necessary to Protect Your Rights or Ours: There may be instances when we disclose your information without providing you with the ability to choose to opt out, in order to protect the legal rights of Fancy Flix, its investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of Users of our Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; to comply with or respond to the law or legal process; or to comply with or respond to a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by Fancy Flix or another User of our Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity that uploaded, stored, or transmitted the material addressed by the communication.

Other Parties with Your Consent: In addition to the sharing described in this Privacy Policy, we may from time to time request your consent to share personal information about you with other parties; and such consent may be requested for one-time sharing or for the ability to repeatedly share in the future, and, if you have concerns with sharing, it is suggested that you carefully read the request before agreeing to such sharing.

 

Children

How Do We Handle Information from Children?

As is required by our Terms of Use, you must be over the age of 18 to purchase our Services; and you must be over the age of 13 and have obtained permission from your parent or your other legal guardian to create an account or otherwise access or use our Services. Please note that Fancy Flix does not knowingly, and has no intention of, collecting personal information from individuals under the age of 13 (“children”). Nonetheless, we are committed to protecting children’s privacy on the Internet. If you are a parent, other concerned adult, or legal guardian that is aware that any child has provided us with personal information, then we ask that you or any other legal guardian of the child contact us immediately by sending an email to: support@fancyflix.com. Fancy Flix encourages parents to be involved in the media viewing and Internet usage of their children and anyone under the age of 18.

 

 

Security

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.

We periodically summarize, anonymize, aggregate, and/or remove certain data elements from data sets that can be used to uniquely identify you, and employ other similar methods designed to inhibit direct association with your identity. As further described in this Privacy Policy below, aggregated and de-identified data may be published by Fancy Flix, its business partners, and/or its service providers for use by other third parties.

 

Third Party Websites, Platforms and Applications

What about Links to Third Party Websites?

This Privacy Policy applies solely to information collected by, or on behalf of, Fancy Flix; provided, however, that this Privacy Policy and our Services, such as our Websites and Apps, contain links to other websites owned, operated or otherwise controlled, or managed by third parties and not by Fancy Flix. The third parties who operate those websites may implement policies related to their collection, use, disclosure, storage and transfer of personal information and non-personal information differently than we do. This could be the case even for those websites that advertise or offer our Services for sale or otherwise use our trademarks or logos or identify us as being a client, customer or as having any other similar relationship to such third party or third-party website or other platform.

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.

 

Your Rights

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: support@fancyflix.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 we provide an option for you to sign up for our Services using your Third-Party Account, or subsequently connect your Membership Account to your Third-Party Account, then we may collect certain information from the applicable Third-Party Account provider and use, retain, and disclose such information to develop and improve our Services, to improve your experience with our Services, for any other legitimate business purposes concerning Fancy Flix, our Services, or for other reasons explained in this Privacy Policy. Shared information may include: your list of friends, their contacts, and other information; your use of Third-Party Accounts, including, your “Likes,” “Interests,” name, profile picture, and other personal information; and it may also include your e-mail address, physical address, age, gender, as well as other demographics and information available in your Third-Party Account.

We may combine information we collect from any connected Third-Party Account and/or any other source, with information we collect in connection with the Services, as further explained in this Privacy Policy. The information we collect may change from time to time. For example, we may use information from your Third-Party Account to personalize and improve your experience, our Services and marketing efforts, such as disclosing your name and profile picture to your friends and/or other connected Users to encourage them to connect. If you connect your Membership Account to a Third-Party Account as part of signing up for our Services, then we will also obtain certain personal and non-personal information from such Third-Party Account provider that we deem necessary and/or desirable to create your Membership Account.

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?

We use cookies, web beacons, tags, and other technologies to make your use of our Services more convenient and to support and improve our business, marketing, and advertising activities: these technologies expand our and third parties’ abilities to collect data and other information. A cookie is a piece of information that is transferred to a User’s hard drive or other system memory for record-keeping purposes. For example, Fancy Flix may use cookies to remember your e-mail address so that you will not have to re-enter this information each time you visit any of our Websites. We may also use cookies to help track referrals from third-party websites. Most browsers are initially set up to accept cookies, but you can set up your browser to alert you every time a cookie is offered, letting you decide whether or not to accept it. You can access and use our Services even when you’ve disabled certain cookies, but you may not be automatically recognized by our Services upon re-visiting. We believe that cookies allow you to take full advantage of some of our Services’ best features, so we recommend that you leave them turned on.

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.

We may use cookies, web beacons, tags and other technologies to track, transmit, and analyze usage information and to compile statistical information about our Users in order to improve the quality and performance of our Services and for the other purposes described above. Fancy Flix reserves the right to publish non-personal information regarding our Services’ Users for promotional purposes and as a representative audience. Fancy Flix does not recognize “Do Not Track” requests from Internet browsers.

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?

When you click on or view an advertisement, the advertiser, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may collect information from or about you. The information practices of these advertisers, advertising technology companies, and service providers that perform advertising-related services are governed by their own privacy policies and are not covered by this Privacy Policy. Please be aware that we do not warn you when you are leaving our Website or Apps, or when you have chosen to click through to another website or property while using our Services. We recommend that you familiarize yourself with the privacy policies of such websites or properties to determine how they handle any information they separately collect from you.

What Should I Know About Use of Cookies, Web Beacons and Other Technologies in Third-Party Advertising?

Advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may use cookies, web beacons, tags, and other technologies to collect information from or about you in order to tailor advertisements, measure advertising effectiveness, and enable other enhancements. This information includes your use of our Services, websites you visited, advertisements delivered and your other activities online.

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.

 

 

Choices

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

Does this Privacy Policy Change?

We may change this Privacy Policy from time to time, and at any time, and such changes will be effective immediately; provided, however, that such changes will only apply to existing members 30 days following the effective date of such revised Privacy Policy unless stated otherwise therein. If Fancy Flix makes a change to this Privacy Policy, then we will make such revised Privacy Policy available for your review at www.fancyflix.com. Fancy Flix may provide a summary and/or notice of updates to this Privacy Policy at www.fancyflix.com and/or via email: you hereby consent to receiving emails containing any such summary and/or notices related to updates to this Privacy Policy. If you provide false, inaccurate, or otherwise erroneous or incomplete information to us, then our ability to provide you notices may be limited. It is your responsibility to ensure that the information provided by you and associated with your Membership Account is accurate, current, and complete at all times that you access or use the Services.

 

 

How are Disputes Handled?

BY ACCESSING AND/OR USING OUR SERVICES YOU AND FANCY FLIX ACKNOWLEDGE YOUR UNDERSTANDING OF, AND HEREBY CONFIRM YOUR AGREEMENT TO BINDING ARBITRATION AND WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION IN CONNECTION WITH ANY DISPUTE (INCLUDING, FOR CLARITY, ANY DISPUTE RELATED TO THIS PRIVACY POLICY) WILL BE DETERMINED IN ACCORDANCE WITH THE “DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER” PROVISIONS SET FORTH IN SECTION 11 OF THE TERMS OF USE.

Where is Information Transferred?

The Internet is a global environment used by Fancy Flix and others to collect and process information that necessarily involves the transmission of data on an international/worldwide basis. In connection with your use of our Services, you understand and agree to the transfer of your information outside of your country of residence, to any country worldwide where we have facilities or business partners or engage service providers. You understand that the countries to which we may transfer information may not have data protection regulations or protection mechanisms that are as comprehensive and/or sophisticated as those in your country, however, Fancy Flix’s policies, practices, and standards with respect to your personal information will continue to be the same as described in this Privacy Policy.

Fancy Flix Terms of Use

Terms of Use: Table of Contents

  • Section 1: ACCEPTANCE OF TERMS OF USE
  • 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 1: Acceptance of Terms of Use

  • Acceptance.   Acceptance. Our Services are not intended to be used by children without involvement and approval of a parent or other legal guardian. If you are under the age of 13, then you are not permitted to register with us or provide your personal information to us. If you are between the ages of 13 and 18, you may register with us only if your parent or legal guardian has read and agreed to these Terms of Use and you have the consent of your parent or legal guardian. These Terms of Use govern your use of all of our Services and your relationship with us. By accessing, visiting, downloading or using any of our Services (e.g., if you download any of our Apps onto any device) you confirm that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, then do not access or use any of our Services. If you are an existing user and do not wish to accept any revised Terms of Use, then you must immediately stop using all of our Services (including, for clarity, permanently removing all Apps from your devices), except as set forth in Section 11 below. Certain of our Services may be made available without any requirement to pay a fee, and you hereby acknowledge and agree that any such access to or use are also governed by these Terms of Use.

 

  • Changes to these Terms of Use.   These Terms of Use are effective until we change them. Because we are continuously working to improve, enhance, expand, and modify our Services to provide you with the best experience, these Terms of Use will change from time to time, and we suggest that you check back regularly in order to understand our Services, including our practices related to personal information as described in the Privacy Policy, the rights and restrictions related to certain of our Services granted in the EULA, and all other terms and conditions governing your access and use of our Services. You acknowledge and agree that we may change all or any portion of these Terms of Use at any time and from time to time, in our sole and absolute discretion, by publishing a revised version of these Terms of Use at: www.fancyflix.com. Any revised version of these Terms of Use will be effective immediately for new Users, and solely with respect to existing Users, such revised version will be effective 30 days following the day on which the revisions were first posted, unless expressly and specifically stated otherwise. Except as otherwise set forth in Section 2.E., in the event that you are an existing Fancy Flix customer and you do not wish to accept any revised version of the Terms of Use, then you must immediately send a notice to us at: support@fancyflix.com, and we will, at our option, either cancel your Membership Account at the end of the then-current billing period or allow you to continue to receive your Subscription Services under the previous version of these Terms of Use.

 

  • Certain Restrictions on Use; Private and Personal Use Only.   Some programming is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws and may not be reproduced, published, rebroadcast, rewritten or redistributed without the written permission of the third party that supplied it (except as permitted by the “fair use” or other applicable provisions of the U.S. copyright laws) or by our agreements with such third parties. Our Services, including all content viewed through our Services, are solely for private, personal, non-commercial use, not for use in the operation of a business or service bureau, and not for any other public viewing, for profit or for the benefit or any person or entity other than the Authorized User; and your limited rights to use our Services as set forth in our EULA are subject to your understanding of, and agreement to, these Terms of Use in their entirety.

 

 

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.

 

  • Service Changes; Packaging of Services.   In addition to, and without limiting any other provisions in these Terms of Use, Fancy Flix may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change, and/or eliminate: (i) any and all prices, fees and/or charges; (ii) packages, programming, programming suppliers, services offered by suppliers; (iii) availability of the Cloud DVR with respect to any particular programming and/or programming suppliers, (iv) software, applications, features and/or functionalities and technical and/or functional requirements, (v) Permitted Devices, (iv) compatible operating systems, (iiv) and/or minimum Internet Connectivity required to use the Services, from time to time and at any time. In the event that we add, alter and/or change any prices, fees and/or charges, then you agree to pay such added, altered, and/or changed prices, fees and/or charges. In the event that we add, delete, rearrange, alter, change and/or eliminate any packages, availability with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, then you acknowledge and agree that (a) we have no obligation to replace or supplement such packages, availability with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, and (b) you are not entitled to any credits, refunds, price reductions or any other form of compensation because of any such addition, deletion, rearrangement, alteration, change and/or elimination. You further acknowledge and agree that such additions, deletions, rearrangements, alterations, changes and/or eliminations are not a discretionary act by us if they are due, in whole or in part, to the termination, suspension or expiration of our legal right to provide such packages, availability with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities.

 

  • 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).

 

  • Compliance with Law.   You agree to use our Services, including all features and functionalities associated therewith, in accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of our Services or contents therein). You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use or gain access to all or any portion of our Services, except as explicitly authorized in these Terms of Use, without express written permission from Fancy Flix. You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart or otherwise interfere with any of our Services; use any robot, spider, scraper or other automated means to access our Services; decompile, reverse engineer or disassemble any of our Services (e.g., software or other products); insert any code or product, or otherwise manipulate or interfere with our Services (e.g., running any of our Services on a device not permitted for use by us); 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, interfere with, destroy, or limit the functionality of any of our Services, or other software, hardware, or telecommunications equipment associated with our Services (e.g., any software viruses or any other computer code, files, or programs). In the event that we learn that you are using any Service in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Membership Account will be terminated.

 

Section 3: MEMBERSHIP ACCOUNTS

  • Membership Account; Login Credentials.   Prior to accessing certain of our Services, you will be required to provide certain personal information determined by us as necessary to create a Membership Account. To become an Authorized User you must first register with us for a Membership Account. You will be required to create login credentials, comprised of a user name and password (“Login Credentials”) designed to enable access and use your Membership Account. You are responsible for any and all actions, omissions, or other activities related to your Membership Account, including any Authorized Users you permit to be linked to your Membership Account (if any, and only to the extent, permitted by us). The person in whose name any Membership Account is used for access to our Services, and whose payment method is charged, if any, is referred to as the “Account Owner.” As an Account Owner you may have access to and control over your Membership Account, any Authorized Users linked to your Membership Account, and the Services available in connection therewith. If you have a Membership Account, then your control of such Membership Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your Login Credentials with anyone. In addition, if you would like to ensure that others cannot access your Membership Account by contacting our Customer Service (as defined in Section 6 below) and potentially altering your control, then you should take the necessary precautions not to reveal any personal or sensitive information used to identify yourself in connection with a lost password or user name (e.g., billing information, government issued IDs, or secret question answers). If you believe that your Membership Account has been accessed by anyone other than you or any Authorized Users you have permitted thereunder, or otherwise without permission or in any unauthorized manner, then you must contact us immediately at: support@fancyflix.com. You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Membership Account (e.g., current billing information for Subscription Services (as defined below)). YOU UNDERSTAND THAT BY SHARING ACCESS TO OUR SERVICES OR YOUR LOGIN CREDENTIALS, OR BY OTHERWISE ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY AND ALL SUCH USERS COMPLY WITH THESE TERMS OF USE AND THAT YOU OR THE NAMED PERSON ON THE APPLICABLE MEMBERSHIP ACCOUNT SHALL BE RESPONSIBLE FOR ANY AND ALL ACTIONS, OMISSIONS AND/OR OTHER USE ASSOCIATED WITH SUCH MEMBERSHIP ACCOUNT. PLEASE BE AWARE THAT IF YOU SHARE OR OTHERWISE MAKE YOUR ACCOUNT AVAILABLE TO ANY THIRD PARTY (E.G., FORGETTING TO LOG OUT OF YOUR MEMBERSHIP ACCOUNT ON A SHARED OR PUBLIC DEVICE), THEN SUCH THIRD PARTY(IES) MAY BE ABLE TO ACCESS ANY AND ALL INFORMATION CONTAINED IN YOUR MEMBERSHIP ACCOUNT (E.G., CERTAIN PERSONAL INFORMATION, BILLING INFORMATION, SETTINGS, VIDEO RENTAL AND VIEWING HISTORY AND OTHER RELATED VIEWING PREFERENCES (IF ANY) ASSOCIATED WITH YOUR ACCOUNT).

 

  • Account Access; Cookies.   In order to provide you with ease of access to your Membership Account and to help administer our Services, Fancy Flix uses technology that enables us to recognize you as an Authorized User and to provide you with direct access to your account without requiring you to retype any Login Credentials every time that you access, use, or otherwise revisit our Services, including via any Permitted Devices. For information about how cookies allow us to simplify the ease of access to your Membership Account, please review “Cookies, Web Beacons, Tags, Other Technologies and Online Tracking” section of our Privacy Policy.

 

  • Logging in Through Third-Party Accounts; Third-Party Accounts.   We may, but are not obligated, to permit you to elect to share certain information about your use of our Services (e.g., by posting what you watch or recommend with third-party accounts, on third-party platforms and such third parties you elect to connect to your Membership Account). Your use of any social features made available to you in connection with the Services is subject to the “Social Terms” section of our Privacy Policy. We suggest that you review our Privacy Policy, including the Social Terms, in its entirety before electing to connect your Membership Account, or otherwise share any information about you with any third party (e.g., by logging in via any social networking or other third-party account). We further suggest that you review the Privacy Policy of any such third-party account or third-party platform in its entirety before making the same election to connect your Membership Account thereto.

 

  • Requests for Information.   You should be mindful of any communication requesting that you submit any personal or other sensitive information (e.g., your personal information, credit or debit card account information, Login Credentials, or secrets questions), and before confirming any such request, you should contact Customer Service immediately at: support@fancyflix.com. Please be aware that providing your information in response to these types of communications can result in, among other things, identity theft or fraud. Always access your sensitive account information (e.g., your personal information, credit or debit card account information, Login Credentials, or secrets questions) via our Websites or Apps, or by contacting Customer Service directly at: support@fancyflix.com. In order to protect Fancy Flix and its affiliates, media providers, device providers, business partners, or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to time and at any time, without providing notice to you, place on hold (or otherwise suspend) your Membership Account in connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms of Use, or otherwise suspicious. We may evaluate or elect to provide credits, refunds, price adjustments or other discounts, compensation or recompense, from time to time and at any time, in our sole and absolute discretion, BUT 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 HOLDS PLACED ON YOUR ACCOUNT, IF ANY.

 

  • Device Deactivation.  If your device is transferred, lost, or stolen, then you must immediately contact Customer Service at: support@fancyflix.com. 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

  • Transactional Services.   Certain of our Services may be made available by us without requiring any commitment from you to pay any fees or other amounts (e.g., use of our Websites and Apps, access to any available content therein, and video-on-demand libraries) (collectively, “Transactional Services”). Your access to, and use of, any Transactional Services are governed by these Terms of Use, and once you create or request a Membership Account to access certain of our Services, you will be a member until you or we permanently cancel your Membership Account and all Subscription Services with us. For example, you must abide by these Terms of Use in connection with your creation and use of any Membership Account used solely to access our Services, regardless of whether you ever provide payment information for any other paid Transactional Services. You may be required to provide a payment method and necessary billing information in order to receive certain other Transactional Services (e.g., certain paid “a-la-carte” video-on-demand rentals or pay-per-view offerings). Any and all users that create a Membership Account automatically enroll in membership to our Services UNLESS AND UNTIL YOU CONTACT US TO PERMANENTLY CANCEL AND DELETE INFORMATION RELATED TO YOUR MEMBERSHIP ACCOUNT BY CONTACTING CUSTOMER SERVICE AT support@fancyflix.com., or until we elect to permanently cancel your Membership Account and Subscription Services (as defined below) for any purpose (e.g., in accordance with our standard information retention and destruction processes).

 

  • Subscription Services.   Certain of our Services may be made available by us solely in connection with your agreement to purchase a subscription to such Services for a set period (e.g., monthly or yearly subscription term) (collectively, “Subscription Services”). Regardless of the period for which you purchased any Subscription Services, following the completion of any such subscription period, your Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or Fancy Flix in accordance with these Terms of Use.

 

  • 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).

 

  • Promotional Offers.   You may initially accept a promotional offer for a certain package of Services that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or Fancy Flix, in accordance with these Terms of Use.

 

  • 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 support@fancyflix.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.

 

  • Registration of Credit or Debit Card.   If you do not already have an account, you will be required to establish an account to access certain of our Services. To access certain Services (e.g., video-on-demand rentals), you will also be required to register a valid credit or debit card to process payments of the associated fees. When you register a credit or debit card for a new account, you authorize Fancy Flix to place a pending charge to your credit or debit card to verify your billing address and the validity of your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your credit card or funds available to your debit card. You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for membership, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once your account is authenticated, the credit or debit card that you registered with your account will be charged for each transaction without having to re-enter your credit or debit card information. You agree that the issuer of any credit or debit card you registered with your Membership Account will accept these Terms of Use as your authorization and pay all amounts billed in connection with use of your account without Fancy Flix’s submitting a signed receipt.

 

  • Billing Cycle.   The fees for all Subscription Services and Transactional Services will be billed in advance. For Subscription Services, we automatically bill you each month on the calendar day corresponding to the date on which you first commenced payment for Subscription Services. Membership Account fees for Subscription Services and Transactional Services are fully earned upon payment. If your paid membership to any Subscription Service began on a day not contained in a given month, then we may bill you on a day in the applicable month or such other day as we deem appropriate (e.g., if you are regularly billed on the 31st, then we may bill you on the 28th or 30th of the calendar months that do not have 31 days). Although we endeavor to bill you as described in this paragraph, we reserve the right to change the timing of our billing as necessary, from time to time, and at any time. We may authorize your payment method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your registered credit or debit card information. For the purposes of this paragraph, “month” or “monthly” refers to your billing cycle.

 

  • 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.

 

  • Restarting Your Services.   If you do not make timely payment for your Services, we may disconnect, suspend, limit, or terminate your access to such our Services, and in such event, we will be immediately and forever wholly relieved from any and all of our duties and obligations to you under these Terms of Use. If your Membership Account is disconnected for non-payment, or for any other reason whatsoever, then Fancy Flix may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before we reconnect your access to any of our Services. We are not obligated to reconnect your access to any of our Services. If your Services are disconnected for non-payment, or for any other reason whatsoever, then you may no longer be eligible, even if you pay to restart your Subscription Services, to receive any remaining credits or promotional pricing that you would have been eligible to receive had your Subscription Services, or any of our other Services, not been disconnected, suspended, limited, or terminated. Unless required by applicable law, deposits will not be held segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at the time of initial purchase of such promotional Subscription Service or Transactional Service, and we reserve the right to stop any promotion at any time for any reason whatsoever.

 

  • Attorney’s Fees/ Collections.   If we use an attorney or a collection agency to collect any money you owe us, or to assert any other right that we may have against you (e.g., any breach of any agreement you may have with Fancy Flix or any of our affiliates), then you hereby agree to pay the reasonable costs of such collection or other action. These costs may include the costs of a collection agency, reasonable attorneys’ fees, and court costs. If you believe you have been billed in error, you must contact our Customer Service immediately, and in no event more than 15 days following the date you receive any bill for which you are seeking correction. Failure to timely notify us of any dispute will constitute your acceptance of the corresponding billed amounts. You must pay undisputed portions of any billing statement when due, or, without limitation to any other rights or remedies available to Fancy Flix at law, in equity, under contract (including these Terms of Use), or otherwise, all of which are hereby expressly reserved (e.g., we may elect to suspend or terminate your Subscription Services or any of our Services), permanently or temporarily, in whole or in part. All payments for our Services must be made directly by you to us, unless we authorize otherwise; and except as otherwise authorized, Fancy Flix shall have no obligation to provide Services for which payment is made by you to a third party or for which payment is made by a third party on your behalf.

 

 

Section 6: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS

 

  • Customer Support Services.   Fancy Flix may elect to provide Membership Account support services or other assistance in connection with your Membership Account (“Customer Service(s)”). The levels, methods, and availability of our Customer Service offered is determined by us, in our sole and absolute discretion; we have no obligation to provide any Customer Services whatsoever in connection with our Services. If we make available or otherwise provide Customer Services, then such Customer Services are considered part of our Services for purposes of these Terms of Use, including any and all restrictions, disclaimers, and limitations herein.

 

  • 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 support@fancyflix.com, 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.

 

  • Warning against Piracy and Infringement.   Receiving any portion of the Services without paying for them, and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception, reception, display, or other transmission or access of any portion of our Services, is a violation of various U.S. federal and state laws and of these Terms of Use. In the event that we learn that you are using any Service in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Membership Account will be terminated.

 

Section 8: DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

  • YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, FANCY FLIX (ON BEHALF OF ITSELF AND THE OTHER CONTRIBUTORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTION, ENJOYMENT, QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FANCY FLIX DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM) WITH ANY OF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH OR COMPATIBILITY WITH ANY DEVICE OR FANCY FLIX SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY US RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM. The disclaimers set forth in these Terms of Use expressly apply to any terms hyperlinked and incorporated herein, including any Promotional Terms, the Privacy Policy and the EULA, and including the software contained in our Services and your use of such software. We do not warrant that any issues, errors, or other defects or failures in or related to the software or our Services will be corrected.

 

  • 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.

 

  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANCY FLIX OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

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.

 

  • Limitation of Liability.   IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS OF USE, NEITHER FANCY FLIX NOR THE OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICES OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION, OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF FANCY FLIX’S ACCESS TO ALL OR ANY PORTION OF OUR SERVICES FOR ANY REASON WHATSOEVER; (ii) THE RELOCATION OF ALL OR ANY PORTION OF OUR SERVICES TO DIFFERENT SERVER(S); (iii) ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR PERMITTED DEVICE(S) OR OUR SERVICES; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR OUR CONTRIBUTORS; OR (v) ISSUES RESULTING FROM YOUR DEVICE OR INTERNET CONNECTION, INCLUDING, LACK OF SUFFICIENT BANDWIDTH. FURTHERMORE, NONE OF FANCY FLIX, ITS PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.

 

  • Limitation of Direct Damages.   EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN SECTION 11, THE MAXIMUM AGGREGATE LIABILITY OF FANCY FLIX FOR ANY AND ALL CLAIMS UNDER OR RELATING TO EACH: (i) MEMBERSHIP ACCOUNT INCLUDING ALL AUTHORIZED USERS THERE UNDER (IF MORE THAN 1 IS PERMITTED BY US), or (ii) YOU ONLY, IF YOU ARE NOT AN AUTHORIZED USER UNDER ANY MEMBERSHIP ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE OF THE FEES THAT WERE PAID BY YOU UNDER THESE TERMS OF USE DURING THE 6 MONTHS BEFORE THE APPLICABLE CLAIM, OR IF DURING THE FIRST 6 MONTHS OF ANY ACCESS OR USAGE TERM, THEN THE FIXED FEES TO BE PAID BY YOU UNDER SUCH TERMS OF USE DURING THE FIRST 6 MONTHS OF SUCH USAGE TERM.

 

  • 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

You hereby agree to indemnify, defend and hold Fancy Flix and its parents and affiliates, each of its and their present and future media providers, device providers, business partners, service providers, licensors, contractors, subcontractors, authorized distributors, authorized sub-distributors, authorized retailers, directors, members, managers, officers, agents, employees, and other Users, and each of their respective assigns, heirs, successors, and legal representatives (the “Protected Group”) harmless from, against and with respect to any and all actions, claims, disputes or demands, including reasonable attorneys’ fees and costs, that are incurred in connection with, arising out of or relating to access to or use of our Services by you or in connection with your Membership Account including any User thereof, your connection to our Services, your devices, your violation of these Terms of Use or your violation of any rights of another User.

 

Section 11: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

  • Mandatory Binding Arbitration and Class Action Waiver.   Subject the provisions of this Section 11 below, if you access or use any of our Services, then you and Fancy Flix hereby agree that any and all past, present and future disputes, claims, actions or other controversies arising out of or relating in any way to our Services, these Terms of Use and/or your relationship with the Protected Group except any Dispute relating to the enforcement of Fancy Flix’s, its affiliates’ or any of the Protected Group’s intellectual property rights and without limiting our and your rights to resolve disputes using various informal dispute resolutions (e.g., pursuant to Section 5.E. above) (each, a “Dispute”) will be determined exclusively on an individual (non-class) basis by binding arbitration or, within the scope of its jurisdiction, 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 under the U.S. Federal Arbitration Act (“FAA”). Use of a neutral arbitrator is designed to provide you and us with a fair proceeding. Arbitrators may award the same damages and relief that a court may award, and judgment on any such award may be entered in any court of competent jurisdiction. YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING AND AGREE THAT BY ACCEPTING THESE TERMS OF USE AND THE ARBITRATION PROVISIONS HEREIN, THE FAA WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND FANCY FLIX AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FANCY FLIX ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN CONNECTION WITH ANY DISPUTE BETWEEN US. YOU AND FANCY FLIX ALSO AGREE THAT ANY ARBITRATION CONDUCTED HEREUNDER WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND WILL NOT BE BROUGHT OR PROCEED ON BEHALF OF A CLASS OR IN A REPRESENTATIVE CAPACITY. A “Dispute” includes those based in contract, any applicable current or future federal, state, local or international law, statute, rule, or government or quasi-government order or action or regulation, tort (including fraud, misrepresentation, fraudulent inducement, negligence, willful misconduct or any other intentional tort) or any other legal or equitable theory. The meaning of “Dispute” is to be interpreted to have the broadest possible meaning permitted by law, and will only be modified to the extent necessary to be legal, binding and no longer in conflict with any law as further provided in Section 11.B. below. For example only, Disputes also include your billing disputes, claims involving or relating to telephone calls, direct marketing, advertisements or electronic communications that you claim you received from Fancy Flix and/or a party acting on our behalf or any actions or other controversies in connection with our Privacy Policy.

 

  • 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.
  • Arbitration Procedures and Forum.   All arbitration proceedings will be administered by the AAA and governed under its Consumer Arbitration Rules (including any amendments thereto or successor rules thereof published by the AAA) (collectively, the “AAA Rules”), as supplemented and modified by these Terms of Use. The AAA Rules are available online at www.adr.org, by calling the AAA at 1 (888)-309-0838, by clicking the hyperlinks above. The arbitrator will be bound by the terms and conditions of these Terms of Use. Subject only to the limited exceptions expressly set forth in this Section 11, the arbitrator, and not any federal, state or local court, agency or other authority, will have the exclusive authority to resolve any and all Disputes, including issues relating to the scope, interpretation, applicability and enforceability of this arbitration agreement (e.g., any claim that all or any part of these Terms of Use (including, for example, this Section 11) is void or voidable). Unless you and Fancy Flix agree otherwise, any arbitration hearing will be held in the county (or parish) of your billing address or if no billing address is provided, then of your primary residence.

 

  • Costs of Arbitration; Compelling Arbitration.   Subject to the exceptions expressly set forth in this Section 11, if you or we decide to initiate arbitration and seek less than $75,000 in damages, then we will pay all costs and fees of the applicable arbitration proceeding for any such proceeding initiated in accordance with the notice requirements unless the arbitrator finds that the arbitration was brought for an improper purpose; and if you or we initiate any arbitration proceeding seeking more than $75,000 in damages, then the payment of such costs and fees will be governed by the applicable AAA Rules. Except as otherwise expressly permitted pursuant to Section 11, if either party attempts to have a Dispute reviewed by a court (e.g., files a judicial or administrative action asserting a claim that is subject to arbitration), and the other party successfully compels arbitration of the applicable Dispute, then the party attempting (or that attempted) to have such Dispute reviewed by such court in violation of these Terms of Use must pay the other party’s costs and expenses incurred in seeking to compel arbitration, including reasonable attorneys’ fees.

 

  • 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.

 

  • Rights to Opt-Out.   If you do not wish to be bound to resolve all Disputes exclusively through arbitration proceedings and small claims courts as set forth in Section 11, then you must notify Fancy Flix in writing within 30 days following the date on which you initially accept our then-current terms of use for our Services (as further described in Section 1 above (e.g., upon creating a Membership Account)) by sending written notice to Fancy Flix at support@fancyflix.com, of your election to reserve arbitration as a non-exclusive means of resolution of Disputes (“Opt-Out Notice”).

 

  • Miscellaneous.   Notwithstanding our rights to make future changes to these Terms of Use, if any such future change made by us to the provisions in Section 11 materially limit or alter your then-current rights, then you may reject such changes by sending written notice to Fancy Flix at support@fancyflix.com,  of your rejection of the applicable changes: (i) within 30 days following the date on which we notify you of such modified Terms of Use; or (ii) in the event we do not provide notice of such future change, then within 30 days following the date on which you become aware of such modified Terms of Use. The dispute resolution, binding arbitration and class action waiver agreements and provisions will survive the expiration or earlier termination of your Membership Account, Subscription Services or other access to or use of our Services. Please be aware that this agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including the Federal Communications Commission, and such agencies can, if the law allows, seek relief against us on your behalf. We also each agree that this agreement evidences a transaction in interstate commerce, and thus the FAA governs the interpretation and enforcement of the provisions and agreements set forth in this Section 11.

 

Section 12: MISCELLANEOUS

  • Notice.   Any notice required or permitted to be given by Fancy Flix under these Terms of Use may be provided by any reasonable means, including by mail, by publication on the www.fancyflix.com website, via your Membership Account for our Services (e.g., by sending an electronic message to your Membership Account), or by e-mail. If we send you notice to your personal e-mail or through your Membership Account e-mail, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Membership Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. Unless otherwise specified in these Terms of Use, any notice required or permitted to be given by you under these Terms of Use must be in writing and be sent to Fancy Flix at support@fancyflix.com. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Membership Account as further described under the “Your Rights” section of our Privacy Policy.

 

  • Entire Agreement.   These Terms of Use, including those terms hyperlinked and incorporated herein, constitute the entire agreement between Fancy Flix and you regarding the subject matter hereof. If you are an existing User of any websites, products or other services provided by our, then your acceptance and agreement to these Terms of Use is independent of, and without modification to, any such other agreement and will not amend, modify or otherwise affect any such relationship governed thereby. With respect to any of our Services, these Terms of Use govern your use of such Services, and supersede any prior agreements or understandings between you and Fancy Flix with respect to the subject matter hereof. For clarity, if you access, use or purchase our Services from a third party or through any third-party platform (e.g., Services sold by our business partners) or use any third-party device, then their terms and conditions (or other agreements agreed to by you) governing those devices will govern your use of such device and relationship with such third party.

 

  • Applicable Law.   These Terms of Use, including all matters relating to their validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to these Terms of Use, your relationship to Fancy Flix and/or otherwise related to our Services will be governed by the laws of the State of Utah without giving effect to its conflict of law provisions. If any provision in these Terms of Use is declared to be illegal, invalid or is otherwise in conflict with any law, then such provision will automatically be considered modified to the minimum extent necessary to make such provision legal, binding and no longer in conflict with such law, without affecting the validity of any other provisions of such Terms of Use, and any and all other provisions will remain in full force and effect to the fullest extent permitted by law.

 

  • Choice of Forum.   You agree that any action at law, in equity, under contract (including under these Terms of Use) or otherwise that is excluded from, or otherwise not subject to arbitration or small claims court must be filed, and that venue properly lies, only in the state or federal courts located in the city and county of Salt Lake City, Utah, United States of America and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

 

  • Assignment.   You agree that Fancy Flix may assign or otherwise transfer (e.g., sell) your agreement to these Terms of Use with Fancy Flix to any third party without your prior consent. You may not assign or otherwise transfer (e.g., via the sale of any Permitted Device) any agreement(s) with us without first obtaining our prior written consent, which consent may be withheld, delayed or conditioned for any reason whatsoever (e.g., your Membership Account reflects an outstanding unpaid balance).

 

  • No Waiver; Remedies Cumulative.   Except as otherwise expressly provided in these Terms of Use, the failure of a party to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The rights and remedies provided under these Terms of Use to Fancy Flix in case of your default or breach of these Terms of Use are cumulative and without prejudice to any other rights and remedies that Fancy Flix or you may have at law, in equity, under contract (including under these Terms of Use) or otherwise, all of which are hereby expressly reserved.

 

  • No Third-Party Beneficiaries; Claim Limitation.   You agree that, except as otherwise expressly provided in these Terms of Use, there are no third party beneficiaries to your agreement to these Terms of Use. You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of or related to our Services pursuant to these Terms of Use must be filed within 1 year following the date on which such claim, Dispute or cause of action arose; and if not filed within such 1-year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.

 

  • Headings.   The section titles and paragraph headings in these Terms of Use are for convenience only and have no legal or contractual effect. Any and all examples or references to “include,” “includes” or “including” set forth in these Terms of Use are by way of example only and will be interpreted as non-limiting. Any reference in these Terms of Use to the singular form of a word will include the plural form of the word, if applicable, and any reference to the plural will include the singular, if applicable. In addition, the term “days” when used in these Terms of Use, unless specified as a ‘business day’ means a calendar day. For the purposes of these Terms of Use, a ‘business day’ means a weekday (other than a Saturday or a Sunday) excluding any national (United States) holiday.

 

  • Survival.   Any provision of these Terms of Use that logically would be expected to survive the suspension, completion, expiration or earlier termination of your Membership Account, Subscription Services and/or other Services or your agreement to these Terms of Use will survive such suspension, completion, expiration or earlier termination, including any and all representations and warranties contained in these Terms of Use and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, the “Miscellaneous” provisions in this Section 12, limitations of liability and disclaimers.

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.

BY ACCESSING AND/OR USING OUR SERVICES YOU AND FANCY FLIX ACKNOWLEDGE YOUR UNDERSTANDING OF, AND HEREBY CONFIRM YOUR AGREEMENT TO, BINDING ARBITRATION AND WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION IN CONNECTION WITH ANY DISPUTE WILL BE DETERMINED IN ACCORDANCE WITH THE “DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER” PROVISIONS SET FORTH IN SECTION 11 OF THE TERMS OF USE

Acceptance and Acknowledgement

The Terms of Use incorporate the terms and conditions set forth in this EULA in their entirety, which EULA contains details on your limited rights and license to use certain of our property, including our software, solely in connection with your use of our Services. The rights granted under this EULA include any software enhancements, upgrades or other modifications that replace and/or supplement the original products. This EULA is made and agreed to by and between you and Fancy Flix and not any other party(ies).

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.

 

C. Personal Use Only; Limited License. Services, and any content viewed through our Services, are solely for private, personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity. You understand and agree that no Services provided to you may be used or viewed in areas open to the public, commercial establishments or other unauthorized locations. So long as you access and use Services in accordance with these Terms of Use, Fancy Flix grants you a limited, personal, non-exclusive, non-transferable, license to access and use certain Services and software and to view the content distributed to you via Services for the sole purpose of privately accessing and viewing such content. Except for the foregoing limited license, no right, title or interest is transferred by Fancy Flix to you. You hereby expressly acknowledge and agree to abide by these EULA provisions governing your right to use our Services. If your Services are used or viewed in an area open to the public, a commercial establishment or another unauthorized location, then we may disconnect your Services and, in addition to all other applicable remedies available to us at law, in equity, under contract (including these Terms of Use) and otherwise, all of which are hereby expressly reserved, you must pay to us the difference between the price actually paid for Services and the full applicable rate for such services, regardless of whether have the right to distribute such Services in such other location.

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.

C. Third Party Content. Title and intellectual property rights in and to any content displayed by or accessed through our software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to the Terms of Use and our agreement with such third party providing such content. Save your limited right to view certain third-party content using the software, neither this EULA, nor any other communication or agreement with us, grants to you any other right, including the right to copy, distribute, prepare derivative works, publicly display, transfer, export, assign, access or other use of such content. You are hereby expressly prohibited from engaging in or facilitating any unauthorized file-sharing of any third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content. Please review Section 7 of the Terms of Use for additional warnings related to piracy and copyright infringement.

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

Our software may provide us with limited access to the Permitted Device(s) used by you in connection with our Services. Among other things, the software may provide and/or enable us to transmit information related to your use of our Services, including programs and content (and portions thereof) viewed, date, timing and length of time spent viewing, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, content and campaign information about advertisements selected for delivered to you and your interaction with the software and other activities related to our Services. This information will, among other things, enable Fancy Flix to manage rights associated with the content, to help you use the software more effectively, enforce Terms of Use and otherwise help us to enhance and improve the software and our Services. Information obtained by Fancy Flix will be treated in accordance with our Privacy Policy. By using our Services, you acknowledge and agree to Fancy Flix’s access to, collection of such data and information and any subsequent use of such data and information by Fancy Flix or the Protected Group as further described in our Privacy Policy.