Acceptance of FilmFury Terms of Use

The following Terms of Use govern your use of FilmFury's website and service. By visiting, using, and/or browsing the FilmFury website, you have accepted and agree to be bound by the following Terms of Use. You shouldn't use the FilmFury website or service if you do not agree to FilmFury's Terms of Use. FilmFury's Terms of Use may affect your rights so you should read them carefully.

Changes to Terms of Use

FilmFury reserves the right, when needed, to change these Terms of Use in our sole discretion, with or without notice. The version of the Terms of Use that is most current will supercede all previous versions. If you continue to use the FilmFury website or service after any changes to the Terms of Use have been made, you are agreeing to be held accountable to those changes.

Privacy

Information submitted on the FilmFury website is subject to our Privacy Policy, the terms of which are incorporated herein.

Membership and Billing

Free Trials

FilmFury offers first time users a free one week trial of our service. Free trials cannot be combined with any other offer. Only one free trial may be redeemed per person. Free trials can only be redeemed by someone with access to the Internet and a valid Payment Method (credit card or debit card). Free Trial members can access online streaming films through FilmFury.com and can order Free DVD’s. Your first “Movies of the Month” pack will be shipped upon the completion of your Free Trial. When you register for your free trial we will authorize, not charge, your Payment Method. This authorization is not a charge and is used by many companies to test/validate the authenticity of your Payment Method. Sometimes your available balance or credit limit may reflect the authorization; however, no permanent charges will be made against the Payment Method until the end of your free trial and subsequent transition to a paying membership. Be aware that you will not receive a notice from us that your free trial has ended or that your paying subscription has begun. We will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. Your Payment Method will continue to be billed on a monthly basis for your subscription plan unless you cancel. You may cancel your subscription at anytime. We may offer a number of subscription plans, including special promotional plans. Some of these promotional subscriptions 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 terminate, modify, or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle.

Billing

By using the FilmFury service you are giving your express permission to FilmFury to bill you a monthly subscription fee of $45 (after your Free Trial), any applicable tax and any other charges you may incur in connection with your use of the FilmFury website. Additional charges may include gift subscription purchases you make, movies you request/purchase or service level changes you request. In these Terms of Use the term "billing" indicates either a charge or debit, as applicable, against your Payment Method. Unless you choose to cancel your subscription the subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter. Your next billing period is indicated in your FilmFury account. Your billing cycle is based on a 30 day schedule. We will automatically bill your Payment Method every 30 days starting with your first payment date which will either be the day after your free trial ends or on the day you sign up for service if you choose to forgo the free trial. All fees and charges are nonrefundable. 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 your credit card validity or expiration date, you may edit your Payment Method information in your FilmFury account once you are logged in. Your Payment Method must remain valid in order for you to continue use of the FilmFury service.

Automatic Renewals

FilmFury 30 day subscriptions will be automatically renewed every 30 days. For your convenience, we will bill the 30 day subscription fee plus any applicable tax to the Payment Method you provide to us during registration or to a different Payment Method if you choose to change your account information. Unless you cancel your membership or we terminate it, your membership will automatically renew every 30 days, without prior notice to you. You must cancel your membership before it renews each 30 days in order to avoid billing of the next 30 days subscription fees to your Payment Method.

Cancellation

FilmFury subscriptions may be cancelled at anytime. Cancellations are effective immediately. For security purposes and your protection you must cancel your account online at FilmFury.com. To cancel your FilmFury.com account you must login to the website, go to the “My Account” area, click on the “Subscription” tab, click on the “Cancel My Subscription” button and on the following page you must again click the “Cancel My Subscription” button to finalize your account cancellation.

WE WILL NOT PROVIDE REFUNDS OR CREDITS, IN PART OR WHOLE, FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.

We reserve the right to terminate your account for any or no reason.

Identity Protection and Account Access

FilmFury uses cookies (small text files). In order to allow you easy and quick access to your account, FilmFury will place a cookie on computers from which you access the website. This cookie helps us to recognize you as the account holder whenever you revisit FilmFury from one of these computers. Maintaining the truth and accuracy of the information you provide to us in relation to your account is your responsibility. It is also your responsibility to maintain your account and password confidentiality and for restricting access to your computer. You can share your account with other people by providing them your password. However, by doing so you are accountable and responsible for their actions. If you use public or shared computers you should remember to log out after each of your visits to the FilmFury website. FilmFury reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. FilmFury is not obligated to credit or discount a membership for holds placed on the account by either a representative of FilmFury or by the automated processes of FilmFury.

Website Content

The information, data, and/or services made available in part or whole through the FilmFury website are provided "AS IS", without any kind of warranties. Without limitation FilmFury expressly disclaims any warranties and representations including any implied warranties of fitness and/or merchantability for a particular purpose. Furthermore, FilmFury shall have absolutely no liability connected to services provided by FilmFury including and without limitation, any liability for damage to your computer hardware, information, materials, data, and business resulting from your use of the FilmFury website and the information or the lack there of available on the FilmFury website. FilmFury shall have no liability for:

1. Any action taken or decisions made or not with reliance upon the information furnished by FilmFury or its website;
2. Any inaccuracies, errors, or omissions, related to the information given regardless of how it was caused, or delays or interruptions in delivery of the information;
3. Any injury or loss caused, in part or whole, by its omissions, actions, or negligence, or for contingencies beyond its control, in delivering, compiling, or procuring the Information.

Use of FilmFury Website Material

The collective "Materials" (information, video, text, audio, artwork, or pictures) contained on the FilmFury website are protected by copyright laws. The Materials may only be used or accessed for personal and/or educational purposes. You are not allowed to use or change the Materials for other purposes without express written consent from an authorized FilmFury representative. Except as indicated below, you are not authorized to republish, sell, post, reproduce, distribute, or transmit any Materials found on the FilmFury website.

For personal or educational purposes only you may print Materials found on the FilmFury website, however you must include any original copyright notice included with the Materials in all copies.

Materials on the FilmFury website have been consolidated and compiled by FilmFury from various sources and locations and are subject to change without notice.

The FilmFury website contains various media files which are protected by copyright laws. Without express written consent from an authorized FilmFury representative you may not, under any circumstances, record, reproduce, publish, distribute, sell, or publicly exhibit any media files (including, but not limited to, .ram, .rm, .ra, and .wmv files) made available for playback on the FilmFury website. You may not directly link to any media file located on a FilmFury server.

Sites Linked to or from the FilmFury Website

Sites linking to or from the FilmFury website are outside of FilmFury's direct control, and as such FilmFury does not assume any liability for any materials or communications made available at such sites. Links to or from FilmFury are not intended or meant to be endorsements or referrals of the linked websites.

Use of Information Submitted

FilmFury is free to use any information, ideas, comments, concepts, techniques, or reviews contained in any communication you may send to FilmFury, including, without limitation, responses to questionnaires or through postings to the FilmFury website without further acknowledgement, compensation, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, and marketing products and creating, modifying or improving the FilmFury website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a royalty-free, nonexclusive license to use, display, modify, or reproduce that information.

Electronic Communications

In using the FilmFury website, you are consenting to receive electronic communications from FilmFury. These communications may include notices about your account and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with FilmFury and you are entitled to receive them. You agree that any agreements, notice, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your Conduct on the FilmFury Website

By accessing the FilmFury website you agree not to interfere or tamper with the networks or servers associated with the FilmFury website or to violate any of the policies, procedures, or regulations of networks connected to the FilmFury website, the terms of which are incorporated herein. You further agree not to post, upload, e-mail or otherwise transmit any material that contains software viruses or any other computer files, code, or programs designed to destroy, interrupt, alter or limit the functionality of any computer hardware, software, or telecommunications equipment associated with the FilmFury website. You also agree not to falsely represent or impersonate any other person while using the FilmFury website, conduct yourself in a vulgar or offensive manner while using our website, or use the FilmFury website for any illegal purposes.

Limitations on Use

In order to subscribe to the FilmFury service you must be 18 years of age or older. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian. While FilmFury does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the content on the FilmFury website is for your personal and non-commercial use and we grant you a limited license to access the FilmFury website for that purpose. Any unauthorized use of the FilmFury website or its contents will terminate the limited license granted by us.

FilmFury's Right to Terminate

FilmFury reserves the right to restrict or terminate your use of our service, with or without notice, for any or no reason whatsoever.

Limitation of Liability

FilmFury shall be liable under no circumstances for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.