Filmbook, LLC Terms of Use

Effective: October 1, 2018

Filmbook, LLC (“Filmbook” or “we”), provides informational and education content services called Filmbook (the “Services”) through our website (the “Site”) and our application for mobile devices, tablet computers and similar devices (the “App”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy. These Terms govern your access to and use of the Site, Services, and App, and constitute a binding legal agreement between you and Filmbook.

KEY CONTENT-RELATED TERMS

• “Content” means video, text, graphics, images, software (excluding the App) information or other materials.
• “Filmbook Content” means Content that we make available through the Site, Services or App, including any Content licensed from a third party, but excluding Registered User Information.
• “Registered User” and “you” means a person that completes the Filmbook account registration process; “your” applies as the meaning of the clause requires.
• “Registered User Information” means Information a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, Services or App.

Certain areas of the Site and App may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or the App, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or the App.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SITE, SERVICES OR APP, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS.

MODIFICATION

Filmbook reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or App or to modify these Terms, at any time without prior notice. If we modify these Terms, we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Site, Services or App after we have posted a modification, you agree to be bound by the modified Terms.

ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES

Access to and use of the Services is limited to persons who are at least 13 years of age. You must register to create an account (“Account”) and become a “Registered User” to use the Services.

Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms.

You understand and agree that the Services may include certain communications from Filmbook. You may also be asked to opt-in to receiving text-based marketing messages. To stop receiving such messages via text message, reply “STOP” to such messages. Customer service is available at support@filmbook.com. You agree that Filmbook may communicate with you through any contact information provided by you.

TRANSACTIONS AND PAYMENT

Substantial portions of the App, Site, and Services are provided on a subscription basis, for which we charge a subscription fee. Payment of the subscription fee, or any other financial transaction or purchase offered through the App, Site or Services is referred to as a “Transaction.”

PRICING AND ACCURACY

Prices are subject to change without notice. Errors will be corrected where discovered, and Filmbook reserves the right to revoke any stated price or other term and to correct any errors, inaccuracies or omissions including after an order has been submitted.

SECURITY

The Services are designed to require users to provide information (such as a user name and password) to access and use the Site, Services, and App. You are solely responsible for maintaining the strict confidentiality of your User Information.

LICENSE

Subject to your compliance with these Terms, Filmbook grants you a limited, personal, non-exclusive, non-transferable license: (i) to view any Filmbook Content solely for your personal and non-commercial purposes.

GENERAL PROHIBITIONS

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
• Use, display, mirror or frame the Site or App, or any individual element within the Site, without Filmbook’s express written consent.
• Attempt to probe, scan, or test the vulnerability of any Filmbook’s system or network or breach any security or authentication measures.

Filmbook will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

LINKS

The Site, Services or App may contain links to third-party websites or resources. You acknowledge and agree that Filmbook is not responsible or liable for the availability or accuracy of such websites or resources.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, Filmbook will have the right to suspend or disable your Account or terminate these Terms.

DISCLAIMERS

THE SITE, SERVICES, AND APP ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

INDEMNITY

You agree to defend, indemnify, and hold Filmbook, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND APP REMAINS WITH YOU.

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of Filmbook used herein are trademarks or registered trademarks of Filmbook.

DISPUTE RESOLUTION

You and Filmbook agree that any existing or future claim, dispute, or controversy arising out of or in any way related to the Site, Services or the App shall be submitted to the American Arbitration Association for final and binding arbitration in accordance with the AAA’s Commercial Arbitration Rules.

SEVERABILITY

In case any one or more of the provisions contained in these Terms, shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity shall not affect the other provisions of these Terms.

GENERAL

The failure of Filmbook to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.