If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Your Account" link. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If you signed up for Filmbox using your iTunes account as your Payment Method and wish to cancel your Filmbox membership at any time, including during your free trial, you will need to do so by visiting your iTunes account and turning off auto-renew. You may also find billing information about your Filmbox membership by visiting your iTunes account.
You may cancel your Filmbox membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Streaming Service Works
Availability. The availability of movies & TV shows to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Filmbox streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies & TV shows will result in a minor increase to the amount of data Filmbox streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Filmbox makes no representations or warranties about the quality of your instant watching experience on your display.
Start Time: The time it takes to begin watching a movie or TV show instantly will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show you have selected and the configuration of your Filmbox ready device. For example, high-speed action scenes or special effects at the opening of a movie or TV show may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.
Personal Computer Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements.
Geographic Limitation: You may instantly watch a movie or TV show through the Filmbox service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. Filmbox will use technologies to verify your geographic location.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all movies &TV shows may not be watched, or may cease to be available for watching instantly, through our service on some Filmbox ready devices.
The member who created the Filmbox account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Filmbox account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Filmbox Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
Disclaimers of Warranties and Limitations on Liability
THE FILMBOX SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FILMBOX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE FILMBOX SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. FILMBOX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FILMBOX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FILMBOX MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE FILMBOX SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. FILMBOX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FILMBOX READY DEVICES, AND FILMBOX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Filmbox service or on the Filmbox website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Filmbox service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Filmbox website, user interfaces, or otherwise through the Filmbox service; and (vii) any losses or damages arising from the use of the content provided on the Filmbox website, user interfaces, or otherwise through the Filmbox service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Filmbox service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies &TV shows from the Filmbox service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Filmbox service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Filmbox or its affiliated parties.
FILMBOX MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING FILMBOX READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service.
End User License Agreement
BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF FILMBOX , INC. AND ITS AFFILIATED ENTITIES ("FILMBOX") IN CONNECTION WITH YOUR USE OF THE FILMBOX SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
1.General This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Filmbox service. This License Agreement is between you and Filmbox and not any other party.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Filmbox for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Filmbox and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Filmbox or any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.
Filmbox reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
1.2.1 Grant of Limited License. Filmbox grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the Filmbox ready device with which you are accessing the Filmbox service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of Filmbox in connection with your use of the Filmbox service.
2.2.2 The Software is only for your own 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.
3.2.3 As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
1.publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
2.copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
3.attempt to create the source code from the object code of the Software;
4.transmit or make the Software available over a network where it could be used by multiple computers or Filmbox ready devices at the same time;
5.make any third-party software contained in the Software a standalone product;
6.take any action that will infringe on the intellectual property or other proprietary rights of Filmbox or any third party software provider;
7.sublicense or assign the Software;
8.view any movies & TV shows provided by Filmbox or its suppliers anywhere other than within the country or location authorized by Filmbox ("Territory"); and
9.instantly watch movies & TV shows outside of the Territory, and Filmbox may use technologies to verify your compliance.
5.2.5 If you "uninstall" the Software, you will no longer be able to use the Software to view movies & TV shows on that Filmbox ready device.
6.2.6 No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Filmbox and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.
3.Third Party Content/Third Party Software
2.3.2 Software. There are software programs contained within the Software that have been licensed to Filmbox by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Filmbox. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.
4.Upgrading the Software Filmbox may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the Filmbox service or otherwise in connection with your use of the Filmbox ready device. Alternatively, Filmbox may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Filmbox service.
6.Termination This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Filmbox at any time without notice. Further, this License Agreement will terminate if Filmbox finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Filmbox shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of Filmbox. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement. Your ability to use the Filmbox service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and Filmbox service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
Filmbox contact information Any questions, complaints or claims regarding the Software shall be directed to [email protected] e-mail address.
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