FilmBar Online provides a personalized subscription service that allows our members to access movies and TV shows ("FilmBar Online content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("FilmBar Online ready devices").
1. Your FilmBar Online membership will continue and automatically renew until terminated. To use the FilmBar Online service you must have Internet access and a FilmBar Online ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your FilmBar Online membership by visiting our website and clicking on the "Account" link.
3. Your FilmBar Online membership may start with a free trial. The duration of the free trial period of your membership lasts will be specified during sign-up and is intended to allow new and certain former members to try the service.
4. Free trial eligibility is determined by FilmBar Online at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent FilmBar Online membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent FilmBar Online membership to determine eligibility. For combinations with other offers, restrictions may apply.
5. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. To view the applicable membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
Billing and Cancellation
6. Billing Cycle. The membership fee for the FilmBar Online service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
7. Payment Methods. To use the FilmBar Online service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
8. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
9. Cancellation. You can cancel your FilmBar Online membership at any time, and you will continue to have access to the FilmBar Online service through the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for FilmBar Online using your account with a third party as a Payment Method and wish to cancel your FilmBar Online membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the FilmBar Online service through that third party. You may also find billing information about your FilmBar Online membership by visiting your account with the applicable third party.
11. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. 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.
FilmBar Online Service
13. 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.
14. 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.
15. 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.
17. 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.
18. 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.
19. 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
20. 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).
21. 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.
22. 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.
25. 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.
27. 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.
28. 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.
31. 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: May 29, 2020