Terms of Use

FilmBar Online provides a personalized streaming service that allows our members to access movies and TV shows ("FilmBar Online content") over the Internet to certain Internet-connected TV's, computers and other devices ("FilmBar Online ready devices").

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

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

FilmBar Online Service

1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the FilmBar Online service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

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

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

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

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

6. The quality of the display of the FilmBar Online content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. FilmBar Online makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching FilmBar Online content show will vary based on a number of factors, including your location, available bandwidth at the time, the FilmBar Online content you have selected and the configuration of your FilmBar Online ready device.

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

8. Passwords and Account Access. The member who created the FilmBar Online account and whose Payment Method is charged (the "Account Owner") has access and control over the FilmBar Online account and the FilmBar Online ready devices that are used to access our service and is responsible for any activity that occurs through the FilmBar Online account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the FilmBar Online ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, FilmBar Online or our partners from identity theft or other fraudulent activity. FilmBar Online is not obligated to credit or discount a membership for holds placed on the account by either a representative of FilmBar Online or by the automated processes of FilmBar Online.

Disclaimers of Warranties and Limitations on Liability

9. THE FilmBar Online SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FilmBar Online SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FilmBar Online DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FilmBar Online SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FilmBar Online SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FilmBar Online READY DEVICES, AND FilmBar Online SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

10. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FilmBar Online, OR ITS EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

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

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

Arbitration Agreement

13. If you are a FilmBar Online member in the United States (including its possessions and territories), you and FilmBar Online agree that any dispute, claim or controversy arising out of or relating in any way to the FilmBar Online service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FilmBar Online are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your FilmBar Online membership.

14. If you elect to seek arbitration or file a small claim court action, you must first send to FilmBar Online, by certified mail, a written Notice of your claim ("Notice"). The Notice to FilmBar Online must be addressed to: General Counsel, FilmBar Online, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notice Address"). If FilmBar Online initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by FilmBar Online, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If FilmBar Online and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FilmBar Online may commence an arbitration proceeding or file a claim in small claims court.

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

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

17. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact us using the Contact Form on our website.

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

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

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

Last Updated: August 14, 2020