Envision Flicks LLC and/or its affiliates and subsidiaries (collectively, “Envision Flicks,” “we,” or “us”) are pleased to provide you access to certain websites, applications, content, services, and features—regardless of format or platform, whether now existing or developed in the future (collectively, the “Envision Flicks Products” or “Products”). These may be branded as Envision Flicks or under any other name owned, produced, or licensed by Envision Flicks.
References to Envision Flicks Products also include all associated elements, components, and features of those Products.
PLEASE READ THESE TERMS, INCLUDING ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS, CAREFULLY BEFORE USING THE ENVISION FLICKS PRODUCTS. BY ACCESSING OR USING ANY ENVISION FLICKS PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE SUPPLEMENTAL TERMS.
ANY DISPUTE BETWEEN YOU AND ENVISION FLICKS—EXCLUDING CLAIMS ELIGIBLE FOR SMALL CLAIMS COURT OR THOSE INVOLVING OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS—MUST BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION. CLASS ACTIONS ARE NOT PERMITTED. PLEASE REVIEW THE ARBITRATION SECTION BELOW, AS IT AFFECTS YOUR LEGAL RIGHTS.
1. These Terms of Use Are a Contract Between You and Us
A. Binding Contract.
These Terms of Use (this “Agreement”) constitute a binding legal contract between you and Envision Flicks LLC, a California limited liability company doing business at —————————————– along with its affiliates and subsidiaries (collectively, “Envision Flicks,” “we,” or “us”). Except as expressly provided herein, this Agreement does not grant rights to any third-party beneficiaries.
B. Agreement.
By accessing, browsing, submitting content to, or using any website, application, content, or service provided by or on behalf of Envision Flicks (collectively, “Envision Flicks Products” or “Products”), you acknowledge that you have read, understood, and agree to be bound by this Agreement, regardless of whether you have created an account with us. If you do not agree to these terms, you may not use the Envision Flicks Products.
C. Supplemental Terms.
Some Envision Flicks Products may be subject to additional terms and conditions, such as those related to submissions, contests, sweepstakes, events, merchandise, age restrictions, or region-specific use. These supplemental terms are incorporated into this Agreement. In the event of a conflict, the supplemental terms will take precedence over this Agreement for the applicable Product.
D. Amendments.
We reserve the right to modify or update this Agreement at any time. Material changes will be effective 30 days after we provide notice, which may include posting the updated Agreement on our website or sending you an electronic notification. Your continued use of the Envision Flicks Products after any changes constitutes acceptance of the revised Agreement. If you do not agree to any modification, you must stop using the Products. Customer service representatives are not authorized to modify this Agreement.
E. Accounts.
Some Products may require you to create an account. You agree to provide and maintain accurate, complete, and current information, including your contact and payment information. You may not impersonate another individual, use someone else’s account, or provide false information. We may take reasonable steps to verify the information you provide.
F. Passwords and Security.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us promptly of any unauthorized access or suspected breach of security.
G. Electronic Notices.
By using our Products, you consent to receive communications from us electronically to the email address you provide. These electronic communications satisfy any legal requirement that such communications be in writing.
H. Termination or Suspension.
We reserve the right to suspend or terminate your access to any Envision Flicks Product at any time, including in the event of a suspected violation of this Agreement or applicable laws, or for conduct that infringes on the rights of others.
2. License Grant and Restrictions
The Envision Flicks Products, including but not limited to films, scripts, videos, images, software, and promotional content, are protected by copyright, trademark, and other intellectual property laws, and are the exclusive property of Envision Flicks or its licensors.
A. Consumer License.
Subject to this Agreement, Envision Flicks grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Envision Flicks Products in the United States for your personal, non-commercial use only. This license does not permit you to reproduce, redistribute, modify, or otherwise exploit any Product—including for use with artificial intelligence (AI) systems—unless such use is expressly permitted in writing. This license does not transfer ownership of any intellectual property, and you may not use any Product in a manner inconsistent with its intended purpose or this Agreement.
B. Restrictions on Use.
You agree not to, and will not allow others to:
Circumvent any digital rights management (DRM) or content protection systems;
Copy, reproduce, or distribute any Product except as expressly permitted;
Publicly perform, rebroadcast, or transmit Products without authorization;
Create derivative works based on the Products;
Reverse-engineer or decompile software or code related to the Products;
Remove or alter any proprietary notices;
Frame, mirror, or replicate the Products for unauthorized purposes;
Use the Products for commercial gain or as part of a business;
Use bots, scripts, or automated tools to extract, scrape, or replicate content, including for use with AI tools;
Damage, overload, or interfere with the normal operation of the Products;
Use the Products in any unlawful manner or for any unlawful purpose.
C. Violation.
Any attempt to engage in restricted conduct is a breach of this Agreement and may result in legal action and termination of your rights to use the Products.
D. Export Controls.
You may not use or access the Envision Flicks Products in violation of U.S. export laws or economic sanctions. By using the Products, you represent that you are not subject to any such restrictions and that your use will comply with all applicable laws.
Disclaimers and Limitation on Liability
THE ENVISION FLICKS PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ENVISION FLICKS DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS NOT EXPRESSLY SET FORTH IN THESE TERMS.
PLEASE REFER TO THE HELP OR SUPPORT SECTION OF THE APPLICABLE ENVISION FLICKS PRODUCT IF YOU EXPERIENCE ISSUES. IT IS YOUR RESPONSIBILITY TO FOLLOW ANY INSTALLATION INSTRUCTIONS, MEET MINIMUM SYSTEM REQUIREMENTS, KEEP SOFTWARE UPDATED, AND UTILIZE CUSTOMER SUPPORT RESOURCES IF NEEDED.
ENVISION FLICKS IS NOT LIABLE FOR DELAYS OR FAILURE TO PERFORM CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL, NOR FOR ANY DAMAGES THAT DO NOT RESULT FROM A BREACH OF THIS AGREEMENT.
OUR PRODUCTS ARE INTENDED FOR PERSONAL, NON-COMMERCIAL USE ONLY. WE WILL NOT BE LIABLE FOR ANY BUSINESS LOSSES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY ARISING FROM YOUR USE OF THE PRODUCTS.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OF FUNCTIONALITY, CONTENT, OR DATA RESULTING FROM ISSUES RELATED TO YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM, INTERNET CONNECTION, OR FAILURE TO MEET SPECIFIED COMPATIBILITY REQUIREMENTS.
IN NO EVENT SHALL ENVISION FLICKS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE PRODUCTS SHALL NOT EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
Additional Provisions
A. Choice of Forum.
You agree that any legal action or proceeding arising out of or relating to this Agreement, except those subject to arbitration, shall be brought exclusively in the state or federal courts located in either Los Angeles, California or New York City, New York, United States. You hereby consent to the personal jurisdiction and venue of these courts for the purpose of resolving such disputes.
B. Choice of Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, without regard to its conflict of law principles.
C. Severability.
If any provision of this Agreement is found to be unlawful, void, or unenforceable for any reason, that provision will be severed from this Agreement and will not affect the validity or enforceability of the remaining provisions.
D. Survival.
Any provisions of this Agreement that by their nature should survive termination of this Agreement shall survive, including but not limited to restrictions, disclaimers, limitations of liability, intellectual property rights, and dispute resolution terms.
E. Waiver.
No waiver of any term or condition in this Agreement by Envision Flicks shall be considered a continuing waiver or waiver of any other provision. Failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.