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Industrious Family Theater Terms of Sale

 Effective Date: August 22, 2024

These Terms of Sale (“Terms of Sale”) apply to all consumer subscriptions and purchases from Industrious Family, LLC.  Except where prohibited by lawsIndustrious Family reserves the right to make any changes to the subscription service without notice.

1. INDUSTRIOUS FAMLY THEATER SERVICE

A. You must be 18 years of age, or the age of majority in your state, province, or territory to subscribe to Industrious Family Theater video streaming service (the “Service”). 

B. You may view Content through the Service primarily within the country in which you have established your account and only in geographic locations where we offer the Service and have licensed such Content. The Content that may be available to watch will vary by geographic location. Industrious Family Theater will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch the Service may change from time to time at our discretion.

C. We reserve the right in our sole and absolute discretion to make changes from time to time in how we offer and operate the Service.

D. The availability of Content to watch will change from time to time. The quality of the display of the streaming Content may vary from computer to computer, and 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 availability is subject to your Internet service and device capabilities. Not all Content is available in all formats, such as HD and Full HD. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Industrious Family Theater makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your device.

E. The Service streaming software is developed by, or for, the Service and is designed to enable streaming of content from Industrious Family Theater through applicable devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE. By using the Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service. If your device is sold, please log out and delete the Industrious Family Theater application prior selling.  If your device is lost or stolen, please immediately change your password via logging into your account via a web browser. If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain of your account information.

F. Unavailability.  The Service may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of other matters beyond the control of us or third parties.

G. We may terminate or restrict your use of the Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of the Terms of Use or this Terms of Sale or (ii) engaged in illegal or improper use of the Service.

2. SUBSCRIPTION, BILLING AND CANCELLATION

A. Subscription

(i) Varying Subscriptions. From time to time, Industrious Family Theater may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered subscription plans in the future. Your subscription to the Service will continue month-to-month unless and until you cancel your subscription, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time) to use the Service. We will bill the monthly, subscription fee as agreed during the sign-up process to your Payment Choice. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Choice. 

B. Billing

(i) Recurring Billing. By beginning your subscription to the Service, you authorize us to charge you a recurring monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, to your Payment Choice. You acknowledge that the amount billed each month may vary from month to month or year to year for reasons that may include differing amounts due to changing, adding or enhancing a plan, and you authorize us to charge your Payment Choice for such varying amounts, which may be billed monthly in one or more charges. If your location requires tax to be collected, we will collect and submit accordingly.

(ii) Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Sale, any price changes to your service will take effect following email notice to you.

(iii) Free Trials. At Industrious Family Theater’s sole discretion, Industrious Family Theater may offer a free trial period to first-time customers, limit 1 per household and/or payment method provided. Terms of free trial offers, including duration of free trial, may vary. Your trial period begins the day you sign up for the Industrious Family Theater subscription.  Upon completion of the free trial period, your subscription to the Service will automatically renew.  YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD.

(iv) Billing Cycle. The subscription fee for the Service will be billed at the beginning of your subscription and each month and thereafter unless and until you cancel your subscription. We automatically bill your Payment Choice each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, including if your Payment Choice has not successfully settled or in the event your paying subscription began on a day not contained in a given month. For example, if you became a paying subscription on March 31st, in the case of a monthly subscription, your next payment date is likely to be April 30th and your Payment Choice would be billed on that date. Your renewal date may change due to changes in your subscription. We may authorize your Payment Choice in anticipation of subscription or Service-related charges. Unless otherwise stated differently, month or monthly refers to your billing cycle.

(v) No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide other subscribers credits in the future, under any circumstance.

(vi) Payment Choices. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Choice information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Choice, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Choices, the issuer of your Payment Choice may charge you a foreign transaction fee or other charges. Check with your Payment Choice service provider for details.

(vii) Cancellation. You may cancel your subscription to the Service at any time, and you will continue to have access to the Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT.

3. PASSWORDS & ACCOUNT ACCESS

A. The user who created the Service account and whose Payment Choice is charged is referred to here as the Account Owner. The Account Owner has access and control over the Service account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Choice details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

B. In order to provide you with ease of access to your account and to help administer the Service, Industrious Family Theater implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via Service-ready devices or website.

C. BY SHARING THE SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THESE TERMS OF SALE AND THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

D. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Industrious Family Theater 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. Industrious Family Theater is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Industrious Family Theater or by the automated processes of Industrious Family Theater.

Industrious Family Theater Terms of Use

Effective Date: August 22, 2024.

INTRODUCTION

Please read these Terms carefully before using our websites and any online services, software or apps provided by Industrious Family, LLC that post a link to these Terms (the "Service"). By accessing or otherwise using the Service in any manner, you agree to the then posted Terms to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy posted on the applicable portion of the Service.

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Industrious Family Theater’s liability to you and require you to indemnify us and to settle certain disputes through arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

ADDITIONAL TERMS

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

UPDATES TO THESE TERMS AND ADDITIONAL TERMS

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service.

1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

A. Ownership. The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Industrious Family Theater, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Industrious Family Theater, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Industrious Family Theater owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

B. Your Rights to Use the Service and Content.

(i) Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only:

(1) Display, view, use, and play the content on a computer, mobile or other internet enabled or permitted device ("Device") and/or print one copy of the content (excluding source and object code in raw form or otherwise) as it is displayed to you;

(2) Stream the content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service (any such widget or other digital streaming Internet video player referred to as a "Service Widget");

(3) If the Service includes a "Send to Friend" or similar tool that allows you to initiate and send to one of your friends an email communication that includes content, and the tool is operational, use the tool to request that the Service's servers convey your message to your friend on your behalf;

(4) If the Service includes a "Download" link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

(5) Download, install and use one copy of any software, including apps, that we make available on or through the Service ("Software") on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Industrious Family Theater does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Industrious Family Theater and/or its third party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Industrious Family Theater; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

(6) If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with other Service users as part of Service-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar services offered on the Service;

(7) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Intellectual Property, (b) the links and the content on your website do not suggest any affiliation with Pure Flix or cause any other confusion, and (c) the links and the content on your website do not portray Industrious Family Theater or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Industrious Family Theater. Industrious Family Theater reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and

(8) Use any other functionality expressly provided by Industrious Family Theater on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or User-Generated Content (as defined below) and any applicable Additional Terms.

C. Additional Terms for Usage Subscriptions. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Service are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.

D. Rights of Others. In using the Service, you must respect the intellectual property and rights of others and Industrious Family Theater. Your unauthorized use of content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 5 below.

E. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY INDUSTRIOUS FAMILY THEATER AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any content or the Service for any purpose is prohibited.

2. CONTENT YOU SUBMIT

A. User-Generated Content.

(i) General. Industrious Family Theater may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by mail) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Industrious Family Theater Licensed Elements included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.

(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Industrious Family Theater does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.

In your communications with Industrious Family Theater, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Industrious Family Theater retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Industrious Family Theater’s receipt of your Unsolicited Ideas and Materials is not an admission by Industrious Family Theater of their novelty, priority, or originality, and it does not impair Industrious Family Theater’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii) License to INDUSTRIOUS FAMILY THEATER of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, you hereby grant Industrious Family Theater, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Industrious Family Theater to your UGC, you also hereby grant to Industrious Family Theater, and agree to grant to Industrious Family Theater, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).

(iv) INDUSTRIOUS FAMILY THEATER’s Exclusive Right to Manage Our Service. Industrious Family Theater may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Industrious Family Theater may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere.

(v) Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Industrious Family Theater the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Industrious Family Theater obligation to obtain consent of any third party and without creating any obligation or liability of Industrious Family Theater; (b) the UGC is accurate; (c) the UGC does not and, as to Industrious Family Theater’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

B. Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, in the future we may not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate.

3. RESTRICTIONS ON THE USE OF THE SERVICE AND CONTENT

A. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Industrious Family Theater; (iv) to the maximum extent not prohibited by applicable law, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Industrious Family Theater, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other intellectual property notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Industrious Family Theater Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Pure Flix or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience.

C. Availability of Service and Content. Subject to the applicable provisions of any Additional Terms, Pure Flix, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Pure Flix’s sole discretion, and without advance notice or liability.

4. CREATING AN ACCOUNT

A. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Passwords must be personal, unique username (or email address) that does not violate the rights of any person or entity, or is offensive. We may reject the use of any password, username, or email address at any time, for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.

B. Accounts may only be set up by an authorized representative of the individual that is the subject of the account. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.  Industrious Family Theater may shut down any account Industrious Family Theater deems in its sole discretion to be unauthorized.

5. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

A. We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing, availability, or specifications, Industrious Family Theater shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit or other account prior to cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased from Industrious Family Theater is not as described, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.

6. THIRD-PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

A. Third-Party Content and Sites; Advertisements. The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Industrious Family Theater, including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Industrious Family Theater (collectively, "Third-Party Services"). We may also host our content, apps, and tools on Third-Party Services. Industrious Family Theater has no control over the content, operations, policies, terms, or other elements of Third-Party Services, and does not assume any obligation to review them. Industrious Family Theater does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Industrious Family Theater is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services. INDUSTRIOUS FAMILY THEATER WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES. Any activities you engage in connection with Third-Party Services are subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities.

B. Apple and Other Platforms and Devices. If you are accessing or using the Service through Apple, Android, or other third party platforms or services, those Third-Party Services’ own terms and policies apply to such access and usage. 

C. Dealings with Third Parties. Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Industrious Family Theater disclaims all liability in connection therewith.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

A. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by law, Industrious Family Theater and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "PINDUSTRIOUS FAMILY THEATER Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, Industrious Family Theater Licensed Elements, UGC or other Industrious Family Theater products or services, except as set forth in subsection C, below.

B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, INDUSTRIOUS FAMILY THEATER PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

C. FOR PURPOSES OF CLARITY, THIS SECTION DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY INDUSTRIOUS FAMILY THEATER OR A MANUFACTURER WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

8. LIMITATIONS OF PURE FLIX'S LIABILITY

A. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY INDUSTRIOUS FAMILY THEATER PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, Industrious Family Theater Licensed Elements, UGC or other Industrious Family Theater products or services, except for direct damages for personal injury caused by a physical product manufactured, sold or provided by Industrious Family Theater.

B. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Industrious Family Theater Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service).

C. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INDUSTRIOUS FAMILY THEATER PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID INDUSTRIOUS FAMILY THEATER IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S). FOR PURPOSES OF CLARITY, THIS SECTIONS DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT TERMS THAT ARE PROVIDED BY INDUSTRIOUS FAMILY THEATER OR A MANUFACTURER WITH REGARD TO A PHYSICAL PRODUCT SOLD BY US OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURES, SOLD OR PROVIDED BY INDUSTRIOUS FAMILY THEATER.

9. UPDATES TO TERMS

A. It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective for any new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. You can reject any new, revised or additional terms by discontinuing use of the Service.

10. GENERAL PROVISIONS

A. INDUSTRIOUS FAMILY THEATER’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants Industrious Family Theater a right of consent or approval, or permits Industrious Family Theater to exercise a right in its "sole discretion," Industrious Family Theater may exercise that right in its sole and absolute discretion. No Industrious Family Theater consent or approval may be deemed to have been granted by Industrious Family Theater without being in writing and signed by an officer of Industrious Family Theater.

B. Indemnity. You agree to, and you hereby, defend (if requested by Industrious Family Theater), indemnify, and hold Industrious Family Theater Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Industrious Family Theater Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Industrious Family Theater Parties’ use of the information that you submit to us (including your UGC) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by Industrious Family Theater Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Industrious Family Theater Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Industrious Family Theater Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Industrious Family Theater Party.

C. Operation of Service; Availability of Products and Services; International Issues. Industrious Family Theater controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

D. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

E. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

F. Investigations; Cooperation with Law Enforcement; Termination; Survival. Industrious Family Theater reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) investigate any information obtained by Industrious Family Theater in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Industrious Family Theater under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Industrious Family Theater, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Industrious Family Theater in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

G. Assignment. Industrious Family Theater may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Industrious Family Theater.

H. Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service for your use of the Service from the effective date of these Terms. Any prior Terms and any applicable Additional Terms remain applicable to uses during the period those Terms and any applicable Additional Terms were in effect as specified in Section 12 above.  Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Industrious Family Theater in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed or accepted by the party against whom the waiver or modification is sought to be enforced.