Welcome to Fullscreen, a monthly subscription service for consuming and interacting with a variety of premiere content targeted for the young at heart. You'll be able to share your favorite Fullscreen moments through social media, but you can't infringe on other's rights or be distasteful or disrespectful to others. Anything you share with us will remain on our platform at our discretion. If you have a dispute regarding your subscription or this Agreement, you agree to settle this through our arbitration process and not in court or as part of a class action lawsuit.
We may make changes to the Agreement and your continued use of the Service will be treated as your acceptance of the updated Agreement. We will provide you advance notice of any material changes to the Agreement and if you do not agree to the changes, you must cancel your account and cease using the Service.
You are eligible to use and sign-up for the Service if you are:
The Service is hosted in the United States and we do not guarantee that the Service or Content is available or appropriate for audiences outside the United States.
You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your account and device. Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of an account is not allowed. You agree to accept responsibility for all activities that occur under your account and for keeping your account information current, complete, accurate and truthful. You must immediately notify us of any unauthorized use of your account and any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You will be billed on a monthly basis for use of the Service, but you will not be billed for any free trial period or if you are using a pre-paid code. If you have signed up for a free trial, you may cancel at any time without charge during the free trial period. If you have not submitted a valid cancellation by the end of your free trial period, we will begin to charge your credit card or alternate payment method accepted by us.
Learn more about our subscription fees here, including more information on how to cancel your subscription.
We may change the rate of your subscription by giving you advance notice. You are responsible for ensuring that your billing and contact information is accurate and up-to-date. The increased rate will apply to the next payment due from you after the date of the notice.
YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A RECURRING MONTHLY BASIS (UNLESS YOU HAVE SELECTED A PAYMENT OPTION BASED ON ANOTHER RECURRING BASIS). IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH THE SERVICE BEFORE THE END OF THE APPLICABLE RECURRING PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND YOU WILL NOT BE REFUNDED ANY FEES THAT YOU HAVE ALREADY PAID.
Fullscreen owns, has licensed or otherwise has rights to use, and retains all proprietary rights to the Service and the Content. The Content is protected by copyright, trademark and other intellectual property laws. Fullscreen grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Service and access the Content for your own personal, non-commercial, entertainment use as permitted by this Agreement.
You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service. Except as explicitly described herein, this Agreement does not grant you or any other party any right, title or interest in the Service or the Content. You may not: (i) sell, rent, lease, distribute, or broadcast any right to the Content to any third party; (ii) remove any proprietary notices on the Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service or any other part of the Service; (iv) interfere with, or disrupt, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming the Service or posting User Generated Content in such a manner as to interfere with or create an undue burden on the Service; or (iv) use the Service or Content for any commercial or illegal purpose.
Genre categories, content types, and ratings are provided solely for your convenience and we do not guarantee their accuracy. You acknowledge that you may encounter content that you may find offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. You agree to use the Service and interact with the Content at your sole risk.
We may add or remove Content from the Service at any time with or without notice. Not all of the Content on the Service is available for customers outside the United States. Some of the Content may be subject to geographical, device, or other restrictions and may not be available in exactly the same manner (or at all) across all users of the Service. We cannot guarantee that the Service will be available or is legal in your location.
You may be able to generate video clips of certain portions of the Content within the Service ("GIFs") or similarly comment, share, or interact with other portions of the Content within the Service (any and all such activity, including GIFs, "User Generated Content"). All User Generated Content must comply with our Community Rules (which are part of these Terms of Service) and we retain sole discretion over the enabling of these tools and the manner in which they are used within the Service.
In consideration for the rights granted to you under this Agreement, you grant us the following rights:
You grant us an irrevocable, perpetual, non-exclusive, worldwide, sub-licensable, royalty free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreement plus 20 years), fully paid license to use and distribute User Generated Content submitted by you for any purpose and through any means whatsoever, including for advertising and promotional purposes. The rights granted in this Section include the right to use your name and image.
The foregoing right also allows other users of the Service to access your User Generated Content through the Service, and to use, modify, reproduce, distribute, and perform such User Generated Content as permitted through the Service and under this Agreement.
By uploading User Generated Content through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Generated Content. You further waive any and all rights of privacy, publicity, or any similar rights in connection with your User Generated Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree not to assert any such rights, or to maintain any action based on any moral rights that you may have in or with respect to any User Generated Content.
In addition, you represent and warrant that your User Generated Content and our authorized use of it will not infringe the rights of any third party. You expressly release us and our agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Generated Content.
You, not Fullscreen, remain solely responsible for all User Generated Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service.
Aside from the rights specifically granted to us herein, and the underlying rights to the Content reserved by us under Section 4.1, you retain ownership of all other rights in the User Generated Content.
You acknowledge that any feedback or suggestions you provide to us in connection with the Service may be freely used or incorporated by us without restriction, accreditation, or payment to you.
Please see our Community Rules (which are part of these Terms of Service) to understand what is prohibited as a user of the Service. We are not obligated, but reserve the right at all times, to monitor, remove or edit User Generated Content on the Services and to suspend or terminate users who violate the Community Rules. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Services, its users and the public.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING WITHOUT LIMITATION THE CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
You will indemnify and hold Fullscreen, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
IN NO EVENT SHALL FULLSCREEN OR ITS LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND FULLSCREEN'S REASONABLE CONTROL.
Any contractual dispute or claim relating to your use of the Service will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. If you have a claim related to the Service, you must bring such claim to arbitration pursuant to this Section within one (1) year after the date on which the claim arose. Any dispute arising from or relating to the subject matter of this Agreement shall be settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of California. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Service may incorporate or contain links to third party websites or services ("Third Party Services") that are not owned or controlled by Fullscreen. When you access Third Party Services, you do so at your own risk. Any use of Third Party Services is governed solely by the terms and conditions of such Third Party Services (and you shall comply with all such terms and conditions), in addition to your obligations under this Agreement. Fullscreen has no control over, and assumes no responsibility for: (i) the content, services, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services, or (ii) any contract entered into by you with any such third party. Fullscreen may modify or discontinue your use of, or access to, the Third Party Services, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you.
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. Fullscreen may terminate or suspend your access to the Services at any time, for any reason, and without warning. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
If you are a copyright owner, or an agent thereof, and believe that any Content, User Generated Content, or other material provided through the Service infringes upon your copyright, please notify us through the procedure set forth below.
Fullscreen will process each complete notice of alleged infringement and take appropriate action in accordance with applicable intellectual property laws and the Digital Millennium Copyright Act ("DMCA"). A notification of claimed copyright infringement should be mailed to the Fullscreen's Copyright Agent at the following address:Fullscreen, Inc.
All DMCA notices must be in writing and contain the following information to be valid:
If you have any questions, complaints, or claims with respect to the Services, you may contact us at:Fullscreen, Inc.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Fullscreen shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fullscreen's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Fullscreen's prior written consent. Fullscreen may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to Fullscreen products or services exists between you and Fullscreen, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Fullscreen in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Last Updated: April 26, 2016