These termsgovern your access and use of the Final Chance Films (“FCF”) Channel. The FCFChannel is a streaming video service operated by Global Universal Film Group,Inc. and/or its subsidiaries and affiliates (“Global”) that provides access tocontent and the services made available through the FCF Channel application. Byaccessing or using the FCF Channel, you are accepting these terms. If you donot agree with these terms, you may not access the FCF Channel.
In acceptingthese terms, you are also agreeing that: (1) any disputes between us will besettled by binding arbitration (meaning we both give up the right to go tocourt), and (2) your Film Maker and/or Film Buyer recurring subscriptionswill automatically renew and your account will continued to be charged forthose subscriptions until you cancel.
Certainfeatures, functionality, and content made available to you through the FCFChannel may be subject to additional terms, which will be provided to you atthe time those services are offered. We reserve the right (at any time) tomodify, suspend, or remove certain features, functionality, or content from theFCF Channel.
Using theFCF Channel
Youmay only access the FCF Channel through the Internet at www.finalchancefilms.com, OTT-compatibledevices and other authorized video players. To access premium content on theFCF Channel you will need to create a FCF account and pay a subscriptionfee. Our Privacy Policy providesinformation on how we collect, use and disclose information from our users andtheir use of the FCF Channel. If you violate any of these terms, we have theright to suspend or terminate your access to the FCF Channel. You may not:
Access to theFCF Channel requires an internet connection. Data charges may apply, dependingon your data plan, which is your responsibility to pay. The display quality ofstreaming content on the FCF Channel can vary by device and is affected by manyfactors, including your internet speeds, WiFi strength, and location.
StreamingContent
Globalprovides access to content on the FCF Channel that is intended for yourpersonal, non-commercial use only. Some content and services on the FCF Channelmay be provided by other content providers, which may be subject to their ownterms and policies, including privacy and data gathering practices. Those termsand policies will apply (and you are obligated to abide by them) when youaccess their content through the FCF Channel.
We mayupdate, add, or remove content, and/or content providers from time to time(possibly without notice to you). We reserve the right to restrict (or remove)access to the FCF Channel (or to certain content) if we have reason to believethat your FCF account has been hacked, stolen, or compromised, or that thecontent is not properly authorized or licensed in your country or violatesapplicable law. We may also suspend your access to the FCF Channel if webelieve it is necessary to protect Global or our content providers and partnersfrom what we believe to be fraudulent, improper, or illegal activity.
You areresponsible for enabling the content access controls on the FCF Channel so thatany age-restricted content is not viewed by persons not meeting the applicableage limits, as specified by law, regulation, or the content provider. Goto support formore information on how to enable these settings and controls on the FCFChannel or your OTT device.
Restrictions
Copyingor redistribution of certain content is strictly prohibited, and digital rightsmanagement or other technologies may be used to prevent or restrict any copyingor re-distributing of any content, which you agree not to try to circumvent oravoid. Certain content is only available in those countries where the FCFChannel has been authorized to be broadcast. If you attempt to access contentoutside of these countries, the rights granted under these terms will notapply. Some content providers may use technologies to determine or verify yourlocation, and you may not be able to access the FCF Channel outside of yourdesignated country. You are responsible for complying with any applicable lawsthat apply to your use of the FCF Channel.
Copyright& Content Takedown
Ifyou believe in good faith that certain content appearing on our website orthrough our products and services infringes upon your copyright, otherproprietary rights, or contains prohibited or illegal content, send us acontent takedown notice.
Advertisingand Promotional Messages
Global(and/or its partners and content providers) may display advertising andpromotional messages on the FCF Channel. We do not make (or imply) anyendorsement or recommendation about the advertisers’ products or services. Anyinteraction you have with these advertisers is entirely at your own risk andbetween you and the advertiser. Neither FCF nor Global are responsible orliable for your interaction with those advertisers or their products andservices.
Subscriptions
Subscriptionsto content and/or Services on the FCF Channel are managed through your FCFaccount settings. Certain restrictions may apply to these offers (such ascontent may be accessible only within the FCF Channel, only on OTT devices, oronly in certain geographic locations), which will be provided in the offerterms.
If yoursubscription includes a free trial, you must cancel the subscription before thetrial period ends to avoid being charged. You may (or may not)be notified that your free trial is about to end, however, it is ultimatelyyour responsibility to cancel a free trial before it ends (to avoid anycharges).
Recurringsubscriptions will automatically renew until you cancel. Youmust cancel your subscription before it renews to avoid the billing of the nextsubscription term’s fees to your account. We may set your subscriptions on theFCF Channel so that they all have the same billing cycle and the first billingperiod for additional subscriptions may be prorated to the same billing date asyour current subscription(s). No refunds are given for partial termcancellations. If you cancel a subscription before the subscription periodends, your subscription (and your access to its content) will continue untilthe subscription period ends (it will not automatically renew in this case). Goto support for information on how to manage or cancel a subscription.
FCF’sProprietary Rights
TheFCF Channel is proprietary to Global (and/or its licensors) and protected bycopyright, trademark, and other laws of the United States and other countries.Any rights not expressly granted to you in these terms are reserved by Global(or its applicable licensors). You may not remove, alter, or obscure anycopyright, trademark, service mark or other proprietary rights noticesincorporated in or accompanying the FCF Channel or from any content providedvia the FCF Channel.
Disclaimers
theFCF Channel is provided “AS IS” and on an “AS AVAILABLE” basis and to themaximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANYWARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make nowarranty that the services provided by the FCF Channel will meet yourrequirements or will be available on an uninterrupted, secure, or error-freebasis. We make no warranty regarding the quality of any information or contentprovided through the FCF Channel.
Limitationof Liability
WHENPERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL,CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW,OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OFLIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASEPRICE (THAT YOU PAID) FOR THE ROKU CHANNEL SUBSCRIPTION FOR THE PAST SIX MONTHSOR $50 USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANYLOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Exclusions
Somejurisdictions do not allow the exclusion of certain warranties or the exclusionor limitation of liability for consequential or incidental damages, so thedisclaimers and limitations above may not apply to you.
Arbitrationof Disputes
All claims arising out of or relating to your FCF account or any product orservice we provide will be resolved exclusively through arbitration, unless youopted out or another exception applies. We both agree that all claims may onlybe conducted on an individual basis (and not in a class, consolidated, orrepresentative action).
GoverningLaw, Jurisdiction and Venue
Theseterms are governed by the laws of the State of Nevada, without regard to anyconflict of laws principles that may provide the application of the law ofanother jurisdiction. If, for any reason, a claim proceeds in court rather thanin arbitration, we both agree that the exclusive jurisdiction and venue for anylegal proceeding is either federal court of the District of Nevada or statecourt in Clark County, Nevada.
General
Theseterms are between you and FCF and no other person has any right to enforcethese terms on your behalf. Your rights are not transferable. Each paragraph isintended to operate separately. If any court or relevant authority determinesthat any terms are invalid or unenforceable, those terms will be enforced tothe maximum extent permissible and the remaining terms will remain in fullforce and effect. If we delay or chose not to enforce these terms, that willnot mean that we have waived our rights or that you do not have to comply with theseterms. These terms may be amended by us from time to time. If we make materialchanges to these terms, we will post the revised terms on our website and mayalso notify you through your FCF account. Your use after the changes go intoeffect will constitute your acceptance of those changes. If you do not agree tothe new terms, you may not be able to continue using the FCF Channel with your OTTdevice.
ContactingUs
Ifyou have any questions about these terms, you can contact us.
Effective: January 3,2023
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