FrightFan.Tv

FrightFan.Tv TERMS AND CONDITIONS - GLOBAL


The FrightFan.Tv Service


• FrightFan provides an on demand streaming service ('FrightFan Service') through which users can stream movie, series, movies, video or audio clips and other audio-visual materials ('Content') by using an electronic device which is capable of connecting to the Internet, including but not limited to computers, mobile phones, tablets, media players, smart TVs, decoders, set-top boxes, gaming consoles, media adaptors, and other similar devices, which devices comply with the technical requirements to access the Content as set out on the FrightFan.Tv Website ('Access Device'). You can access and receive the FrightFan Service through the frightfan.tv website and any other websites that FrightFan may make available for receiving the FrightFan Service ('FrightFan Website'). In order for users to access and receive the FrightFan Service using certain Access Devices, FrightFan has developed or made available the FrightFan software application ('FrightFan App'). The FrightFan Service is made available subject to terms and conditions contained herein ('FrightFan Terms'). The FrightFan Service includes also providing users with personalized recommendations of the Content to be viewed (e.g. information displayed to a user when accessing the FrightFan Service).
• FrightFan will handle the collection, processing and storage of your personal information in accordance with the privacy policy accessible at the FrightFan Website ('Privacy Policy').
• FrightFan may, from time to time, change these FrightFan Terms. FrightFan will notify you of the changes by sending you an email (at your last known or registered email address) or through a pop-up notice when you access the FrightFan Service or the FrightFan Website or when you sign in to your FrightFan account ('FrightFan Account').
• FrightFan service are supplied by Contech Media Ltd, a company registered in Mauritius with address: Level 3, St Louis House, 17 MGR Gogin Street, Port Louis, Mauritius and Registration number: 165356/AC.

Who may use the FrightFan Service and the territorial availability


• The FrightFan Service is made available to a user who has entered into an agreement with FrightFan to use the FrightFan Service on the basis of these FrightFan Terms ('Subscriber' or "You").
• The FrightFan Service may be used by the Subscriber or by a person that is allowed by a Subscriber to access or use the FrightFan Service through the Subscriber's FrightFan Account (an 'Authorised User'). The Subscriber must ensure that all Authorised Users that access or use the FrightFan Service through the Subscriber's FrightFan Account comply with these FrightFan Terms as if they were a Subscriber.
• FrightFan implements technologies, including geo-blocking technology, that may limit, restrict or block access and/or use by a person of certain Content, product or service depending on the geographical location of that person. Consequently, some or all of the Content available in one country may be unavailable in other countries. The detailed information regarding the availability of the Content in specific territories is available on the FrightFan Website.

Your information and details


• All information you give us must be truthful, accurate and complete and remain so.
• You will need to use your sign in information and password in order to access your FrightFan Account and to use the FrightFan Service or the FrightFan App, or such other user credentials as FrightFan may permit from time to time. You are responsible for all use of your FrightFan Account and your password and any of your other user credentials. Please take all reasonable and appropriate measures not to share, display in public, your password, or your user credentials, or your payment information.

Access Devices


• You, at your own cost, are responsible for obtaining and maintaining the Access Devices, adequate Internet access from a suitable service provider and all telecommunication facilities, services, products and other equipment needed to access the Internet to access the FrightFan Website, download the FrightFan Application (if applicable) and to use the FrightFan Service. The quality of your Internet connection may affect the quality of the FrightFan Service. The minimum connection speed for standard definition quality for high definition quality are specified in the FAQ section on the FrightFan Website.
• If you modify or attempt to modify your Access Device in any way or use software that is designed to modify your Access Device, override, or disable any security features on your Access Device or its operating system, you acknowledge that this may have a negative impact on the performance of the FrightFan Service and you do so at your own risk. There are security features included in the FrightFan Service and the FrightFan Application which are designed to operate with the Access Device according to the manufacturer's specifications.
• You acknowledge and accept the risks that information transmitted through the Internet or any other communication system, including a wireless communication system, is susceptible to unlawful and unauthorised access, interception, distortion and monitoring. It is recommended to take precautions and to use appropriate Internet security programs.
• You are only entitled to use the FrightFan Service and stream or temporarily download the Content through the methods permitted by FrightFan, which include through the use of the FrightFan Website or the use of the FrightFan App.
• A Subscriber may register two Access Devices to a FrightFan Account. It is not allowed to have more than two concurrent streams of Content to Access Devices registered to a FrightFan Account at any time. FrightFan may offer different packages as part of the FrightFan Service. Each type of package will have its own restrictions on the number of Access Devices and the number of concurrent streams of Content to an Access Device registered to a FrightFan Account of a Subscriber to that package. The details of restrictions applicable to each package will be available on the FrightFan Website.

Permitted use, what you are not allowed to do


• The FrightFan Service, the FrightFan Website and the FrightFan Application may only be used by you in a lawful manner, in the way as prescribed by FrightFan in these FrightFan Terms and for your personal and non-commercial purposes.
• You may not (or allow anybody else to) undertake any of the following ('Prohibited Acts'):
• rent, lease, sub-license, loan, translate, merge, adapt, vary or modify, copy, display, distribute, communicate, transmit, publish or broadcast the FrightFan Service, the FrightFan Website or the Content;
• use the FrightFan Service, the FrightFan Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the FrightFan Terms, or act fraudulently or maliciously;
• perform any act which is illegal, fraudulent or violates or infringes any Intellectual Property Rights (as defined in the FrightFan Terms);
• use any means to access, index, frame or link to the FrightFan Service (including the Content) in a way that is not authorised by FrightFan;
• use any means to remove, disable, bypass, or circumvent any Content protection or access control mechanisms, including those intended to prevent the unauthorised download, streaming, capture, linking, framing, reproduction, access to, use or distribution of the FrightFan Service, the FrightFan Website or the Content;
• access the FrightFan Service (including the Content) through any automated means, including through the use of robots, spiders or offline readers other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the FrightFan Service or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content;
• introduce any viruses, trojan horses, computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Access Device, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ('Destructive Code') into the Content or the technology used by FrightFan or any other person, including the FrightFan Website or the FrightFan Service;
• damage, disable, overburden, impair, or gain unauthorised access to the Content, the FrightFan Service, the FrightFan Website or the technology used by FrightFan or other persons, or the FrightFan Accounts of Subscribers or other users;
• remove, modify, obscure or otherwise impair any advertising displayed on, or used in connection with, the FrightFan Service (including the Content), the FrightFan Website or the FrightFan App;
• use the FrightFan Service to advertise or promote products or services that are not expressly approved by FrightFan;
• interfere with any other person's use and enjoyment of the FrightFan Service, the FrightFan Website, or the FrightFan App;
• attempt to discover or, reverse engineer the object code and other materials forming part of the technology used to provide the FrightFan Service, or the Content, or the FrightFan Website, or the FrightFan App;
• receive or charge money, favours or other consideration for allowing any other person to use or access the FrightFan Service, the Content or your FrightFan Account; and/or
• collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the FrightFan Service, the FrightFan Website, or the FrightFan App.

Changes and updates


• FrightFan may continuously update the FrightFan Service, the FrightFan Website and the Content. FrightFan reserves the right to make changes from time to time in how FrightFan offers, provides and operates the FrightFan Service, the FrightFan Website and the Content.
• FrightFan may:
• change, remove and update the Content that is or will be available for streaming or download, or as part of the FrightFan Service, from time to time;
• allow temporary downloads of certain parts of the Content that can be made through a FrightFan Account at any time subject, however, to limitations with respect to the number of programs and temporary downloads indicated on the FrightFan Website from time to time;
• make different Content available to different Subscribers or Authorised Users in different geographical locations; and
• implement measures to encrypt and decrypt the Content and to protect the Content from unauthorised use and to control access to the Content.

Age restrictions


• A Subscriber must be 18 years of age or older to register for the FrightFan Service. If an Authorised User is younger than 18 years of age, then such Authorised User may only use the FrightFan Service under the supervision of the Subscriber or another Authorised User that is 18 years of age or older.
• You must supervise all use of the FrightFan Service and the FrightFan Application through your FrightFan Account, and every person using the Access Devices registered to your FrightFan Account. Certain Content may be subject to age restrictions, contain strong language or other material which may offend sensitive viewers or be inappropriate for younger viewers or certain categories of viewers. FrightFan will attempt to provide appropriate audience guidelines relating to the Content.
• It is your responsibility to manage access and you must take all reasonable steps to prevent the viewing of Content by people below the prescribed or, as the case may be, recommended age indication specified by FrightFan or by any applicable regulatory authority. You must ensure that parental guidance recommendations, for example with respect to explicit Content are adhered to.

Subscription period


• A Subscriber must pay the transactional fee, inclusive of all taxes that FrightFan are required to charge on this fee, as is shown on your FrightFan Account (the 'Monthly Fee'). The transactional Fee excludes any Internet, data, service provider or Access Device costs, which shall be for the Subscriber's own account.

Suspension of the FrightFan Service


• FrightFan may suspend temporarily part or all of the FrightFan Service, the operation of the FrightFan Website or your FrightFan Account, in any one or more of these circumstances:
• FrightFan needs to perform maintenance on, or updates to, the FrightFan Website or the FrightFan App, or any of the technology that FrightFan uses to provide the FrightFan Service;
• FrightFan becomes aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the FrightFan Website, the FrightFan Service, the FrightFan App, the Content or your FrightFan Account; or if circumstances set out in clause 11.4 occur.
• Without limiting the other rights and remedies in the agreement or in law, if FrightFan exercises its suspension rights, FrightFan will restore access to and use of the FrightFan Service as soon as reasonably practical after FrightFan becomes satisfied that the cause of suspension has been removed, avoided or completely mitigated. If appropriate, FrightFan may compensate the Subscriber for inconvenience caused by the suspension by extending the contract term without additional charge.

Termination


• FrightFan reserves the right to terminate the operation or availability of the FrightFan App, your right to use the FrightFan Application and/or the licence agreement relating to the FrightFan Application if there are important reasons to do so such as discontinuation of the service or of the support of the FrightFan Application by a certain device. In such event, FrightFan will give you reasonable and sufficient prior notice, unless the termination is required by law or there is another urgent reason for termination without prior notice. You agree that upon termination, FrightFan may remotely access the Access Devices and remove and delete the FrightFan Application and all copies as well as any Content that may be downloaded on the Access Devices.
• The above clause 11.2 prevails over clause 6.2 of the FrightFan Application end user licence agreement.
• FrightFan may end this agreement and the licence to use the FrightFan Application immediately at any time in one or more of the following circumstances:
• where you breach a provision of these FrightFan Terms or any other applicable terms, and fail to remedy the breach after FrightFan have given you reasonable and sufficient notice (or such shorter period where this is reasonable);
• where FrightFan has reasonable grounds to believe you are committing or have committed a Prohibited Act;
• if you attempt to access restricted Content from restricted geographical locations;
• where FrightFan must do so to comply with the law. 11.5 When a Subscriber unsubscribes from the FrightFan Service, the FrightFan Account will remain accessible for a period set out in the Privacy Policy and during this time, the Subscriber may renew his/her subscription.

Intellectual property


• You acknowledge that the Content made available to you through the FrightFan Service is owned by, or licensed to, FrightFan and is protected by laws, including intellectual property law. All Intellectual Property Rights (as defined below), including all rights in and to the FrightFan Service, FrightFan Website, the FrightFan Application and Content, of whatsoever nature existing now and in the future, remain the property of FrightFan and that of its licensors.
• You will not use the FrightFan Service, the FrightFan Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of the rights of FrightFan (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of licensors or any third party. In these FrightFan Terms, 'Intellectual Property Rights' include all intellectual property rights, including (without limitation) copyright, patents, designs, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names and all other intellectual property rights.
• You will not, at any time, acquire any rights, including any Intellectual Property Rights, in or to the FrightFan Service, the FrightFan Website or the Content other than the limited, non-exclusive, non-transferable and revocable license to use the FrightFan Service and the FrightFan Application for non-commercial use only in accordance with these FrightFan Terms. You may not reproduce, modify, copy, perform, transmit or commercially exploit the FrightFan Service, the FrightFan Application or the Content in any manner whatsoever and no Content delivered to an Access Device may be redistributed or copied from that Access Device.
• FrightFan does not accept unsolicited submissions of materials or ideas, including without limitation submissions of concepts, proposal suggestions, storylines, scripts or fan fiction. FrightFan has an established internal procedure for removing any materials or ideas that were not expressly requested by FrightFan or submitted through the appropriate channels. This procedure aims to avoid the possibility of misunderstanding when any project developed by FrightFan might seem to be similar to such submitted materials or ideas.

Liability


• The FrightFan Service, the FrightFan Website and Content are provided on an 'as is' basis and without any warranty or other obligationto the extent permitted by law. FrightFan is not obliged to ensure that the FrightFan Service, FrightFan Website, the FrightFan Application or Content will meet your expectations, be available and accessible at all times, be uninterrupted, error free, secure, or free from Destructive Code.

OFAC Compliance


• The Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury administers and oversees a series of laws that impose economic sanctions against hostile entities to further U.S. foreign policy and national security objectives. OFAC is responsible for promulgating, developing and administering the sanctions for the Treasury under all federal statutes. The OFAC laws and regulations promote national and international security by requiring asset freezing of: Oppressive governments, International terrorists, Narcotics traffickers or other specially designated nationals (SDNs) and blocked persons.
• FrightFan adheres to the OFAC regulations.

Third parties


• The FrightFan Application and the FrightFan Website may include access to products and services provided by third parties. Such products and/or services may be provided directly or via links to the third parties. You acknowledge that the agreement for the provision of such third party product or service is between you and the relevant third party and FrightFan shall not be party to such agreement.
• The FrightFan Website, the FrightFan Application or the FrightFan Service may provide hyperlinks to websites which are not owned and/or controlled by FrightFan ('Third Party Websites'). FrightFan does not editorially control the information or content on Third Party Websites and neither FrightFan, nor any affiliate, will be responsible for your use of such Third Party Websites. You will need to make your own independent judgment regarding your interaction with any Third Party Websites, including the purchase and use of any products or services accessible through them.
• You may not make any reference to FrightFan, the FrightFan Service, the FrightFan Website or the Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by FrightFan in relation to you or a third party.

Miscellaneous provisions


• The Subscribers agrees that FrightFan may, at any time, transfer any or all of its rights and obligations under the agreement if FrightFan transfers all or part of its enterprise to a third party. The Subscribers will be notified about such a transfer after it is completed.
• The agreement between the Subscriber and FrightFan shall be governed by the laws of the Netherlands. This choice of law does not affect the protection awarded to Subscriber pursuant to mandatory provisions of the law that would apply in the absence of this clause.

This version of the FrightFan Terms applies from 25 Jan 2020

Address


• Contech Media Ltd, Level 3, Louise House, 17 MGR Gonin, Port Louis, Mauritius

© Copyright 2020