Last updated May 31, 2018
Welcome to the terms and conditions ("Terms") for FilmFreeway Gold. These Terms are between you and FilmFreeway and/or its affiliates ("filmfreeway.com" or "Us") and govern our respective rights and obligations. Please note that your use of the filmfreeway.com website and Gold membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the filmfreeway.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Gold membership, you accept these terms, conditions, limitations and requirements.
You may cancel your Gold membership any time by visiting your Account and adjusting your membership settings. If you cancel within 3 business days of signing up for or converting from a free trial to a paid membership, we will refund your full membership fee; provided that we may charge you (or withhold from your refund) the value of Gold benefits used by you and your account during this 3-business day period. Gold memberships redeemed through a Gold gift code or promotional code are not refundable.
Gold benefits are limited to certain events and services on the Filmfreeway.com website. Events and services eligible for Gold will be designated as such on their event listing pages. The Gold section of our website provides information about eligible events and services.
The membership fee for Gold is stated in the Gold section of our Help pages. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Gold membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced submission charges for Gold.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR GOLD MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through your Account) choose not to continue to paid membership at the end of the trial period.
We may terminate your Gold membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Gold membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN FILMFREEWAY.COM'S TERMS OF SERVICE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR GOLD MEMBERSHIP.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of an arbitration service in British Columbia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in British Columbia and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and FilmFreeway agree to submit to the personal jurisdiction of the courts located within the city of Vancouver, British Columbia. Either you or FilmFreeway may seek any interim or preliminary relief from a court of competent jurisdiction in Vancouver, British Columbia, necessary to protect the rights or property of you or FilmFreeway (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
You and FilmFreeway 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, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of class, consolidated or representative proceeding and may only provide relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The failure or delay of FilmFreeway to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.