FamCinema provides a personalized pay-per-view platform that allows our members to access entertainment content (“FamCinema content”) over the Internet on certain Internet-connected TV's, computers, tablets, phones and other devices (“FamCinema ready devices”). While we do not currently have a subscription service, as we develop and license more content, we hope to do that in the future, insha Allah.

The FamCinema platform is provided to you by FamCinema LLC. You have accepted these Terms of Use, which govern your use of our service/platform. As used in these Terms of Use, “FamCinema platform”, “our platform” or “the platform” means the personalized service provided by FamCinema for discovering and accessing FamCinema content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service. References to ‘you’ in these Terms of Use indicate the member who created the FamCinema account and whose payment method is charged.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH FAMCINEMA (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Membership

1.1. Your FamCinema membership gives you access to special privileges, such as the ability to leave reviews, like or dislike content, and receive special offers. Membership is not a requirement to purchase access to any of our content. At the present time, our platform delivers only free content, ad-supported content, and pay-per-view content. We currently do not have any subscription fees, although this may change once we have more content available. Membership privileges, pricing, and fees are subject to change at any time.

Promotional Offers

2.1. We may from time to time offer special promotional offers (“Offers”). Offer eligibility is determined by FamCinema at its sole discretion and we reserve the right to revoke an Offer. Members of households with an existing or recent FamCinema membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent FamCinema membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

FamCinema platform

3.1. You must be at least 18 years of age to become a member of the FamCinema platform. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

3.2. The FamCinema platform and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. Following a FamCinema purchase, we grant you a limited, non-exclusive, non-transferable right to access that particular FamCinema 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.

3.3. You may access FamCinema content anywhere in the world, so long as we have an international license for such content; otherwise, you may be restricted to only viewing content that it licensed for your country/region. The content that may be available will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your purchase plan and is specified on the “Account” page.

3.4. The FamCinema platform, including the featured library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces and promotional features. You can turn off test participation at any time by visiting the "Account" page and changing the “Test participation” settings.

3.5. Depending on your purchase, some FamCinema content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.

3.6. You agree to use the FamCinema platform, 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 by us, 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 FamCinema platform;
• circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the FamCinema platform, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
• use any robot, spider, scraper or other automated means to access the FamCinema platform;
• decompile, reverse engineer or disassemble any software or other products or processes accessible through the FamCinema platform;
• insert any code or product or manipulate the content of the FamCinema platform in any way;
• use any data mining, data gathering or extraction method;
• 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 FamCinema platform, 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, in addition to possible law enforcement consequences associated with any of the above mentioned actions.

3.7. The quality of the display of the FamCinema 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. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. The minimum connection speed for HD video quality (defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we recommend a faster connection for improved video quality. A connection speed of at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined as a resolution of 1080p or higher). A connection speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD video quality (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. FamCinema makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching FamCinema content will vary based on a number of factors, including your location, available bandwidth at the time, the FamCinema content you have selected and the configuration of your FamCinema ready device.

3.8. The FamCinema software is developed by, or for, FamCinema and may solely be used for authorized streaming and to access content from FamCinema through FamCinema 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 FamCinema and related third-party software. If you do not accept the foregoing terms, please do not use our service.

3.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the FamCinema ready device for any issues related to the device and its compatibility with the FamCinema platform. We do not take responsibility or otherwise warrant the performance of FamCinema ready devices, including the continued compatibility with our service.

4.0 Passwords and Account Access.

You are responsible for any activity that occurs on your personal FamCinema account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including, but not limited to, purchases they make on your account. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the 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 agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, FamCinema or our partners from identity theft or other fraudulent activity. FamCinema is not obligated to credit or discount a purchase for holds placed on the account by either a representative of FamCinema or by the automated processes of FamCinema. If your FamCinema ready device is sold, lost or stolen, please deactivate the FamCinema ready device. If you fail to log out or deactivate your device, subsequent users may access the FamCinema platform through your account and may be able to access certain elements of your account information. To deactivate a device, follow instructions on the Account Page.

Disclaimers of Warranties and Limitations on Liability

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

5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FAMCINEMA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, 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.

5.3. YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE FAMCINEMA PLATFORM. FAMCINEMA DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT FAMCINEMA IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.

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

Arbitration Agreement

6.1. You and FamCinema agree that any dispute, claim or controversy arising out of or relating in any way to the FamCinema platform, 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 FamCinema 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 FamCinema membership.

6.2. If you elect to seek arbitration or file a small claim court action, you must first send to FamCinema, by certified mail, a written Notice of your claim ("Notice"). The Notice to FamCinema must be addressed to: General Counsel, FamCinema LLC, 401 Ryland Street Ste 200-A, Reno, NV 89502 ("Notice Address"). If FamCinema initiates arbitration, it will send a written Notice to the email address used for your FamCinema account. A Notice, whether sent by you or by FamCinema, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If FamCinema and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FamCinema may commence an arbitration proceeding or file a claim in small claims court.

6.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, you will be responsible for all filing fees.

6.4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless FamCinema and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

6.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of FamCinema's last written settlement offer made before an arbitrator was selected (or if FamCinema did not make a settlement offer before an arbitrator was selected), then FamCinema will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

6.6. YOU AND FAMCINEMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FamCinema agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Miscellaneous

7.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Nevada, 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.

7.2. Unsolicited Materials. FamCinema does not accept unsolicited materials or ideas for FamCinema content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FamCinema. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against FamCinema and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

7.3. Feedback. FamCinema 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 FamCinema platform, including our websites 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 FamCinema platform. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

7.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the FamCinema Help Center. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will prevail.

7.5. 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.

7.6. Changes to Terms of Use and Assignment. FamCinema may, from time to time, change these Terms of Use. Such revisions shall be effective immediately. 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 FamCinema platform.

7.7. 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: September 8, 2024