Terms of Use
Effective Date: March 26, 2026
Last Updated: March 26, 2026
(We may update these Terms from time to time. Continued use of the Platform constitutes acceptance of any changes.)
1. Introduction and Overview
These Terms of Use (“Terms”) form a legally binding agreement between you and Filmatic Black (“Filmatic Black,” “we,” “our,” or “us”) and govern your access to and use of our website, digital platforms, social channels, and any other online services that link to or reference these Terms (collectively, the “Platform”).
These Terms apply to all features, content, submissions, subscriptions, productions, products, and services that we own, operate, or make available through the Platform (collectively, the “Services”). By accessing or using the Platform or Services, you agree to be bound by these Terms.
By accessing or using the Platform in any way—including browsing, submitting content, making purchases, or engaging with our Services—you agree to be bound by these Terms and all applicable laws and regulations. You also acknowledge and agree to our collection, use, and sharing of your information as described in our Privacy Policy.
If you do not agree to these Terms, you may not access or use the Platform.
To the fullest extent permitted by law, your use of the Platform constitutes your agreement to conduct transactions electronically and your acceptance of all provisions within these Terms, including those related to disclaimers of warranties, limitations of liability, dispute resolution, and governing law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and any disputes shall be resolved in the state or federal courts located in Los Angeles County, California.
In certain cases, your use of specific features or offerings on the Platform may be subject to additional terms and conditions (“Additional Terms”), including but not limited to promotions, contests, submissions, subscription services, merchandise, or other programs we may offer. When Additional Terms apply, we will make them available to you in connection with those Services.
If there is any conflict between these Terms and the applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
We reserve the right to update or modify these Terms at any time. Any changes will be effective upon posting to the Platform. Your continued use of the Platform after such changes are posted constitutes your acceptance of the updated Terms. You are encouraged to review these Terms periodically to stay informed of any updates.
2. Dispute Resolution; Agreement to Arbitrate; Choice of Law
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
To the fullest extent permitted by law, you and Filmatic Black agree that any dispute, claim, or controversy arising out of or relating to your use of the Platform or these Terms shall be resolved through final and binding arbitration, rather than in court, except as otherwise set forth below.
By agreeing to these Terms, you acknowledge that you are waiving the right to a trial by jury and the ability to participate in a class action lawsuit or class-wide arbitration.
A. Agreement to Arbitrate
You and Filmatic Black agree that any dispute, claim, or controversy arising out of or relating to these Terms, any Additional Terms, the Platform, the Services, the Content, or our Privacy Policy shall be resolved exclusively through final and binding arbitration, except as otherwise provided herein.
Notwithstanding the foregoing, Filmatic Black reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction in Los Angeles County, California, without first engaging in arbitration, in order to prevent or address any actual or threatened violation of our intellectual property rights, including but not limited to unauthorized use of our content, trademarks, copyrights, trade secrets, or other proprietary materials.
B. What is Arbitration
Arbitration is a more streamlined and less formal process than a lawsuit in court. Instead of a judge or jury, disputes are resolved by a neutral arbitrator, who has the authority to award the same remedies and damages that a court could provide.
If any portion of this arbitration provision is found to be invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect.
C. Arbitration Procedures
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, the Services, the Content, or our Privacy Policy shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, as in effect at the time the arbitration is initiated.
The arbitration shall be conducted before a single neutral arbitrator. The JAMS rules and instructions for initiating arbitration are available at www.jamsadr.com or by contacting JAMS directly.
To initiate arbitration, either you or Filmatic Black must submit a demand for arbitration in accordance with the applicable JAMS rules.
To initiate arbitration, the party seeking arbitration must submit a written demand for arbitration that includes a description of the claim and the amount of damages sought. A copy of the demand must be submitted in accordance with the applicable rules of JAMS, along with any required filing fees.
The party initiating arbitration must also provide a copy of the demand to the other party in accordance with applicable notice requirements.
Payment of all filing, administrative, and arbitrator fees will be governed by the applicable JAMS rules. Each party shall be responsible for its own attorneys’ fees and costs, unless otherwise required by law or determined by the arbitrator. If the arbitrator determines that the costs of arbitration would be unduly burdensome to you, Filmatic Black will pay the portion of administrative fees necessary to ensure the arbitration can proceed (excluding attorneys’ fees).
Arbitration may be conducted remotely, including by telephone, video conference, or through written submissions, to the extent permitted by the arbitrator.
Unless otherwise required by applicable law, the arbitration shall take place in Los Angeles County, California, and shall be governed by the laws of the State of California, without regard to its conflict of law principles.
The arbitrator shall have the authority to award all remedies available in a court of law on an individual basis, including injunctive relief where appropriate. Any final award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction.
D. Authority of Arbitrator
The arbitrator shall have the authority to determine all issues relating to the dispute, including the rights and liabilities of you and Filmatic Black. The arbitration shall be conducted on an individual basis only and shall not be consolidated with any other proceedings or joined with any other parties, except as expressly permitted by applicable law.
The arbitrator shall have the authority to resolve dispositive motions, award monetary damages, and grant any non-monetary relief available under applicable law, the applicable arbitration rules, and these Terms.
The arbitrator shall issue a written decision describing the essential findings and conclusions upon which any award is based, including the calculation of any damages awarded.
The arbitrator shall have the same authority to award relief on an individual basis as a judge in a court of law. Any award issued by the arbitrator shall be final and binding on both you and Filmatic Black, and may be entered and enforced in any court of competent jurisdiction.
E. No Class Actions
YOU AND FILMATIC BLACK AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
You may not bring or participate in any claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and any form of consolidated or representative claims are not permitted, except to the extent such a waiver is prohibited by applicable law.
F. Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FILMATIC BLACK WAIVE ANY RIGHT TO A TRIAL BY JURY in any legal proceeding arising out of or relating to these Terms, the Platform, or the Services.
In the event any dispute proceeds in court rather than arbitration, you and Filmatic Black agree that such dispute shall be resolved by a judge sitting without a jury.
You acknowledge that you understand the rights you are waiving and that you may consult with an attorney before agreeing to these Terms.
G. Choice of Law / Forum Selection
In any circumstances where a dispute is permitted to proceed in court rather than arbitration, these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
You and Filmatic Black agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
3. Use of Our Service
A. Content
The Platform contains a wide range of materials and features, including but not limited to: (i) original content produced or distributed by Filmatic Black, as well as content provided by our partners, licensors, contributors, and third parties, including layouts, text, data, scripts, images, graphics, designs, videos, audio, photographs, articles, posts, submissions, and the overall “look and feel” of the Platform; (ii) trademarks, logos, brand elements, trade names, and service marks associated with Filmatic Black and other parties; and (iii) all other intellectual property and proprietary materials made available through the Platform (collectively, the “Content”).
All rights, title, and interest in and to the Platform and the Content are owned by Filmatic Black, its licensors, or other respective rights holders, and are protected by United States and international copyright, trademark, and other intellectual property laws to the fullest extent permitted.
B. Limited License
Subject to your compliance with these Terms and any applicable Additional Terms, Filmatic Black grants you a limited, non-exclusive, revocable, non-transferable, and personal license to access and use the Content on a computer, mobile device, or other internet-enabled device (each, a “Device”), solely for your personal, non-commercial use.
This license does not grant you any ownership rights or intellectual property interest in any Content. All rights not expressly granted are reserved by Filmatic Black and its licensors.
We reserve the right to suspend or terminate this license at any time, for any reason, without notice or liability.
Any unauthorized use of the Content—including copying, distributing, modifying, or exploiting it outside the scope of this license—may violate intellectual property and other applicable laws and may result in legal liability.
C. Accounts and Guest Checkout
Certain features of the Platform may require you to create an account or complete a transaction as a guest. By doing so, you agree to provide accurate, current, and complete information.
If you create an account, you agree to:
(i) maintain and promptly update your information to keep it accurate and complete;
(ii) safeguard your account credentials and prevent unauthorized access;
(iii) not share, sell, or transfer your account to any third party; and
(iv) notify Filmatic Black immediately of any unauthorized use of your account or any security breach.
You are solely responsible for all activity that occurs under your account or in connection with your use of the Platform, whether or not authorized by you. Filmatic Black is not liable for any loss or damage arising from your failure to comply with these obligations.
By using the Platform, creating an account, or completing a transaction, you agree to these Terms and acknowledge our Privacy Policy.
If you provide payment information, including credit card details or other payment methods, you represent and warrant that you are authorized to use such payment method and that all information provided is accurate and lawful.
D. Minors; Restrictions and Rules of Conduct
If you are between the ages of 13 and 18, you may use the Platform only with the permission and supervision of a parent or legal guardian. By allowing you to use the Platform, your parent or legal guardian agrees to these Terms on your behalf.
The Platform and Services are not intended for children under the age of 13. NO ONE UNDER THE AGE OF 13 MAY USE OR ACCESS THE PLATFORM OR CONTENT. Any use by individuals under 13 is unauthorized and in violation of these Terms. If we become aware that a user under 13 has provided personal information, we will take steps to remove such information and terminate the associated account in accordance with applicable law.
You agree not to use the Platform or Content in any manner that:
(i) violates any applicable law or regulation;
(ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, or otherwise objectionable;
(iii) infringes or violates the intellectual property or other rights of any third party;
(iv) attempts to gain unauthorized access to the Platform, accounts, systems, or networks;
(v) uses automated means (including bots, scraping tools, or similar technologies) to access, collect, or extract data from the Platform;
(vi) interferes with or disrupts the operation or security of the Platform;
(vii) impersonates any person or entity or misrepresents your affiliation with any person or entity;
(viii) uses the Platform or Content for unauthorized commercial purposes or in a manner that suggests an unauthorized association with Filmatic Black; or
(ix) otherwise violates these Terms or any applicable Additional Terms.
You agree to comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the Platform and Services.
E. Availability; Suspension or Termination of Access
To the fullest extent permitted by law, Filmatic Black reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Platform, Services, or any Content—whether in whole or in part—without notice or liability.
We may also suspend or terminate your access to the Platform at any time, for any reason, including if we believe you have violated these Terms or applicable law.
Upon suspension or termination, all rights granted to you under these Terms will immediately cease, and you agree to stop all use of the Platform and Content.
You acknowledge that you do not have any ownership or continuing rights in the Platform or Content, and Filmatic Black will not be liable to you or any third party for any suspension, termination, or discontinuation of access.
F. Reservation of Rights
All rights not expressly granted to you under these Terms are reserved by Filmatic Black and its licensors.
No license or right shall be created by implication, estoppel, or otherwise. Any unauthorized use of the Platform or Content is strictly prohibited.
4. User Submissions
You may have the opportunity to submit ideas, concepts, feedback, pitches, scripts, images, videos, audio, or other content to Filmatic Black through the Platform or via third-party platforms, including social media (collectively, “Submissions”).
By submitting any Submissions, you grant Filmatic Black a non-exclusive, worldwide, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, distribute, create derivative works from, publicly perform, publicly display, and otherwise exploit such Submissions, in whole or in part, in any format or medium now known or later developed, for any purpose, including production, distribution, promotion, and marketing.
You grant Filmatic Black the right, but not the obligation, to use your name, likeness, or social media handle in connection with your Submissions. You waive any right to inspect or approve uses of your Submissions and, to the fullest extent permitted by law, waive any moral rights or similar rights you may have in such Submissions.
You acknowledge and agree that you will not receive compensation or credit for any use of your Submissions unless expressly agreed to in a separate written agreement signed by Filmatic Black.
Submission of content does not create any confidential, fiduciary, or other special relationship between you and Filmatic Black, and does not obligate Filmatic Black to use, review, or respond to any Submission.
You represent and warrant that you own or have all necessary rights, licenses, and permissions to submit the content and grant the rights described above, and that your Submissions do not infringe or violate the rights of any third party.
You retain ownership of your Submissions, subject to the rights granted to Filmatic Black in these Terms.
5. Products
Certain products or services may be available for purchase through the Platform. By making a purchase, you represent that you are at least the age of majority in your state or country of residence and are legally authorized to enter into the transaction.
You are responsible for all applicable taxes, fees, and charges associated with your purchase. All products and services are intended for personal, non-commercial use only. You may not resell, distribute, or exploit any product or service for commercial purposes without our prior written consent.
We reserve the right to limit quantities, refuse or cancel orders, or discontinue products at any time in our sole discretion.
Returns, Exchanges, and Order Issues
All sales are final unless otherwise stated.
If you experience an issue with your order, please contact us at info@filmaticblack.com within thirty (30) days of your purchase. Include your order number and a description of the issue, and we will work with you to resolve it.
Exchanges may be permitted within thirty (30) days of purchase for unused and unopened items, subject to availability. Customers are responsible for all return shipping costs. Due to the limited nature of our products, we cannot guarantee availability for exchanges, including size replacements.
We do not guarantee the ability to exchange one product for a different product.
Filmatic Black reserves the right, but is not obligated, to limit or restrict the sale of products or services to any individual, geographic region, or jurisdiction on a case-by-case basis.
We reserve the right to limit quantities of any products or services, to refuse or cancel any order, and to restrict purchases that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. These limitations may apply to orders placed under the same account, payment method, billing address, or shipping address.
We may, at our discretion, offer certain products, services, or purchasing opportunities exclusively to members, including early access, limited releases, discounts, or other incentives tied to participation in Filmatic Black programs or memberships.
All product descriptions, availability, and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer made through the Platform is void where prohibited by law.
We do not guarantee that any products, services, or materials will meet your expectations, nor do we warrant that any errors will be corrected.
All physical products purchased through the Platform are made pursuant to a shipment contract. This means that title to and risk of loss for such products transfer to you once the items are delivered to the carrier or shipping provider.
For orders shipped outside of the United States, you agree that Filmatic Black may act on your behalf to facilitate importation of the products. You authorize us to appoint third parties, such as customs brokers, to assist with this process.
You are responsible for all applicable customs duties, taxes, and import fees associated with international shipments, in addition to the purchase price of the products.
We strive to ensure that all product and service descriptions, pricing, and other information on the Platform are accurate and up to date. However, errors may occur. Filmatic Black does not warrant that any product descriptions, pricing, or other content is complete, accurate, reliable, current, or error-free.
In the event of an error in pricing, availability, or product information, we reserve the right to refuse or cancel any order in our sole discretion. If your payment method has already been charged for an order that is canceled, we will issue a refund or credit in the amount of the charge.
If a product or service you receive is materially different from what was described, your sole remedy is to contact us for a resolution, which may include a refund, replacement, or store credit, at our discretion (excluding any products or services subject to separate terms, such as memberships or digital offerings).
You are responsible for providing an accurate and complete shipping address at the time of purchase. Filmatic Black is not responsible for packages delivered to an incorrect address provided by you, or for packages that are lost or stolen after delivery. Any replacements or refunds for such issues will be handled at our sole discretion.
6. Customer Support
If you have any questions, concerns, or feedback, you may contact us at info@filmaticblack.com.
Customer support is provided at the sole discretion of Filmatic Black, and we are not obligated to provide support of any kind.
By communicating with us electronically, you consent to receive communications from us electronically in response. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Third-Party Services
The Platform may include links to, integrations with, or content hosted on third-party websites, platforms, or services (collectively, “Third-Party Services”), including social media platforms and external distribution channels.
These Third-Party Services are not owned or controlled by Filmatic Black. You acknowledge and agree that Filmatic Black is not responsible for the availability, content, policies, or practices of any Third-Party Services, nor for any products, services, or materials offered through them.
If you choose to access, interact with, or conduct transactions through any Third-Party Services, you do so at your own risk and subject to the terms and policies of those third parties.
8. Service Features
A. Wireless Features
The Platform may offer features accessible through your mobile device or other wireless-enabled device (collectively, “Wireless Features”), including the ability to view, upload, or interact with content.
By using these Wireless Features, you agree that Filmatic Black may collect information related to your use of the Platform in accordance with our Privacy Policy. You also acknowledge that certain features may require access to device settings or functionality in order to operate properly.
Standard data rates, messaging fees, and other charges from your wireless carrier may apply, and you are solely responsible for such charges.
B. Communications
You may opt out of receiving promotional emails or text messages from Filmatic Black at any time by following the unsubscribe instructions included in those communications or by contacting us at info@filmaticblack.com with the subject line “UNSUBSCRIBE.”
Please note that opting out of promotional communications applies only to the email address or phone number used and does not affect non-promotional communications, such as those related to your account, transactions, or ongoing business with Filmatic Black.
You may opt out of receiving text messages at any time by replying “STOP” to any message you receive from us. Standard message and data rates may apply.
9. Premium Memberships
This Section applies if you purchase or participate in a Filmatic Black membership program (a “Membership”). Memberships may provide access to exclusive content, early releases, special events, discounts, or other benefits, as described at the time of purchase or communicated by Filmatic Black from time to time.
A. Recurring Membership; Automatic Renewal
By purchasing a Membership, you acknowledge and agree that your Membership may automatically renew at the selected billing interval (e.g., monthly or annually), unless you cancel your Membership prior to the renewal date or unless we suspend or terminate your Membership in accordance with these Terms.
You authorize Filmatic Black to charge your selected payment method for the applicable Membership fee at each renewal period, using the payment information you have provided. The renewal charge will be at the then-current rate in effect at the time of renewal.
Filmatic Black reserves the right to modify Membership pricing, benefits, or structure at any time. Any changes will apply to future billing cycles unless otherwise required by applicable law.
From time to time, Filmatic Black may offer promotional pricing or legacy pricing for certain members. The duration and terms of such pricing are determined at our sole discretion. If you cancel or allow your Membership to lapse, you may lose access to any prior promotional or legacy pricing and will be subject to the then-current rates upon reactivation.
B. Cancellation
You may cancel your Membership at any time by:
(1) logging into your account and following the cancellation instructions; or
(2) contacting us at info@filmaticblack.com with the subject line “Cancel Membership.”
Once your cancellation request is processed, your Membership will not renew for the next billing cycle. You will continue to have access to your Membership benefits through the end of your current billing period.
Unless otherwise required by applicable law, Membership fees are non-refundable, and no prorated refunds will be provided for any unused portion of the current billing period.
To avoid being charged for the next renewal cycle, you must cancel your Membership before your next scheduled billing date.
C. Birthday Rewards
Memberships may include eligibility for a birthday reward or gift, as described in the Membership benefits at the time of purchase.
Eligible members may receive no more than one (1) birthday reward per calendar year. To qualify, you must have an active, paid Membership. If your Membership includes a free trial period and your birthday occurs during that period, eligibility for a birthday reward may be deferred until your first paid billing cycle.
You agree to provide accurate and truthful information, including your date of birth. Filmatic Black reserves the right to suspend or terminate your Membership, without refund, if we determine that false or misleading information has been provided in an attempt to obtain additional rewards.
Birthday rewards, if offered, must be redeemed within seven (7) days of your birthday, unless otherwise specified.
D. Screening Access and Ticketing
Memberships may include access to complimentary or discounted tickets to select Filmatic Black screenings, premieres, or events, subject to availability and applicable terms.
Eligibility, timing, and availability of such screenings—including what constitutes an “opening weekend” or qualifying event—will be determined by Filmatic Black in its sole discretion and may vary by project, format, location, or venue. Availability may be limited based on capacity, geographic restrictions, or other factors.
All complimentary or promotional tickets must be redeemed through the designated Filmatic Black platform or ticketing system and may not be resold, transferred, exchanged, or redeemed for cash or credit unless expressly permitted by Filmatic Black.
Filmatic Black reserves the right to modify, limit, or cancel ticket availability or reservations at any time, in its sole discretion.
E. Credits
Memberships may include periodic account credits (“Credits”), as described at the time of purchase or communicated by Filmatic Black from time to time. Credits may be used toward eligible purchases, services, or experiences within the Filmatic Black platform or ecosystem, as determined by us.
Credits are:
(i) non-transferable;
(ii) have no cash value;
(iii) not redeemable for cash;
(iv) not gift cards or gift certificates; and
(v) not eligible for resale.
Unless otherwise specified, Credits will be issued on a recurring basis aligned with your Membership billing cycle (e.g., monthly) and may be subject to expiration, usage limits, or maximum balance thresholds as determined by Filmatic Black in its sole discretion.
Filmatic Black reserves the right to set or modify limits on Credit accrual and usage, including maximum balances. Any unused Credits may be forfeited upon cancellation, suspension, or termination of your Membership, unless otherwise required by applicable law.
If Credits are used toward a purchase, that portion of the transaction is non-refundable.
Any misuse, abuse, or attempt to exploit the Credit system—including using Credits for unauthorized commercial purposes—may result in suspension or termination of your Membership, forfeiture of Credits, and/or other action, in Filmatic Black’s sole discretion, without refund.
F. Social Media Access
Memberships may include access to exclusive content delivered through social media platforms, messaging services, or other third-party channels.
To receive such access, you may be required to provide your social media handle(s), username(s), phone number, or other relevant contact information. This information will be handled in accordance with our Privacy Policy. Providing this information is voluntary; however, if you choose not to provide it, you may not be able to access certain Membership benefits.
Access to exclusive social content may require you to follow or connect with designated Filmatic Black accounts or channels on third-party platforms. Filmatic Black is not responsible for your inability to access such content due to platform limitations, account restrictions, or failure to follow required steps.
If your Membership is canceled, expires, or is terminated, your access to exclusive social media content, messaging services, and related benefits may be revoked at any time
G. Referral Program
Filmatic Black may offer a referral program that allows eligible members to invite others to join a Membership (the “Referral Program”).
Participation in the Referral Program is subject to the following terms:
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An existing member (an “Existing Member”) may receive a referral reward (a “Referral Reward”) for each new user (a “Referral”) who signs up using the Existing Member’s referral link or code and completes at least one paid Membership billing cycle (excluding free trials or third-party subscriptions).
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Referral Rewards may include Membership credits, free membership time, or other incentives, as determined by Filmatic Black.
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Only members who have completed at least one paid billing cycle are eligible to participate in the Referral Program.
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Referrals must be new users and must sign up through the Existing Member’s unique referral link or code.
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Referral Rewards may not be combined with other promotional offers unless expressly permitted.
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Referral links or codes may be shared for personal, non-commercial purposes only. Any form of spam, bulk distribution, or unauthorized promotion is strictly prohibited.
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A referred user may be required to complete a minimum level of activity (such as a paid billing cycle) before a Referral Reward is issued.
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Referral Rewards have no cash value, are non-transferable, and may be subject to expiration or usage limitations.
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Any Referral Rewards associated with a Membership may be forfeited if the Membership is canceled, suspended, or terminated.
Filmatic Black reserves the right, in its sole discretion, to modify, suspend, or terminate the Referral Program, or any user’s participation in it, at any time and for any reason, including in cases of suspected abuse, fraud, or violation of these Terms.
H. International Membership
Membership availability, benefits, and features may vary by geographic location.
Filmatic Black reserves the right to limit or restrict Membership eligibility, access to certain features, or delivery of physical products based on a user’s country or region. Certain benefits—including but not limited to physical shipments, event access, screenings, or platform features—may not be available outside of the United States.
If you reside outside of the United States, you may still be eligible for Membership; however, you acknowledge that some or all benefits may be limited, unavailable, or modified based on your location.
Filmatic Black reserves the right to deny, suspend, or terminate Memberships that do not comply with geographic eligibility requirements or that attempt to circumvent such restrictions. Any such action may result in the loss of Membership benefits without refund, to the fullest extent permitted by law.
I. Changes; Cancellation
Filmatic Black reserves the right, at any time and in its sole discretion, to modify or update the availability, pricing, structure, features, benefits, or terms of any Membership.
We may also suspend or terminate individual Memberships, or discontinue the Membership program in its entirety, at any time, with or without notice, for any reason permitted by law.
If Filmatic Black cancels your Membership before the end of your current paid billing period (and not due to your violation of these Terms), we will provide a prorated refund for the unused portion of your Membership term.
10. Video On-Demand Platform
This Section 10 applies if you access, stream, rent, purchase, or otherwise engage with digital content (the “Digital Content”) made available by Filmatic Black through its video-on-demand platform, website, mobile experience, or any related digital distribution channels (collectively, the “Platform”).
A. Available Digital Content
The Platform may allow you to access Digital Content in a variety of ways, including:
(i) access to content included as part of a Membership or subscription offering for a limited period of time (“Subscription Digital Content”);
(ii) rental of Digital Content for on-demand viewing during a limited access window (“Rental Digital Content”);
(iii) purchase of Digital Content for on-demand viewing for an extended or indefinite period, subject to these Terms (“Purchased Digital Content”); and/or
(iv) access to Digital Content made available for free on a promotional, ad-supported, or limited-time basis (“Free Digital Content”).
Digital Content may be offered under one or more of these access models at any time and remains subject to the limited license granted under these Terms.
B. Availability of Purchased Digital Content
Purchased Digital Content will generally remain available for streaming or access through the Platform. However, availability is not guaranteed and may be subject to change due to licensing agreements, rights restrictions, technical limitations, or other factors beyond Filmatic Black’s control.
Filmatic Black reserves the right to modify, remove, or restrict access to any Purchased Digital Content at any time, and shall not be liable if such content becomes unavailable for continued access, download, or streaming.
C. Streaming Digital Content
Digital Content may be streamed through the Platform using an active internet connection. Streaming quality may vary based on your device, location, internet connection, bandwidth, and other factors beyond Filmatic Black’s control.
Live or scheduled Digital Content may be subject to delays, interruptions, edits, or pauses. Playback start times may also vary depending on network conditions and device configuration.
Filmatic Black does not guarantee uninterrupted, error-free, or high-quality streaming and makes no representations or warranties regarding your viewing experience.
D. Compatible Devices and Software
Access to the Platform and Digital Content requires a compatible device and an active internet connection. Certain features or content may require specific hardware, software, or periodic updates, which may affect performance and availability.
While the Platform is designed to be accessible across a wide range of internet-connected devices (each, a “Compatible Device”), not all features or Digital Content may be available on every device. Some content or functionality may require specific applications, software, or configurations.
Filmatic Black is not responsible for limitations, interruptions, or performance issues resulting from your device, software, or internet connection.
E. Temporary Download and Offline Viewing
Filmatic Black may, from time to time, allow certain Digital Content to be temporarily downloaded for offline viewing on supported devices (“Offline Titles”).
Offline Titles are subject to limitations, which may include restrictions on the number of titles per account, the number of devices permitted, viewing start requirements, and expiration periods. These limitations may change at any time in Filmatic Black’s sole discretion.
Offline Titles may not be available in all regions and may be restricted based on geographic location, including outside of the United States.
Filmatic Black reserves the right to modify, disable, or remove offline viewing functionality at any time without notice.
F. Future Unavailability
The Platform and/or certain Digital Content may be unavailable from time to time due to maintenance, updates, technical issues, outages, or events beyond Filmatic Black’s control, including but not limited to network failures, third-party service disruptions, or force majeure events such as natural disasters, labor disputes, or civil unrest.
Filmatic Black may, at any time and in its sole discretion, modify, suspend, limit, or discontinue any part of the Platform, Digital Content, features, or supported devices, with or without notice. While we may attempt to provide advance notice where reasonably practicable, we are not obligated to do so.
Filmatic Black shall not be liable for any unavailability, interruption, or modification of the Platform or Digital Content.
If Digital Content you have purchased becomes unavailable, Filmatic Black may, in its sole discretion, provide a credit, refund, discount, or other form of consideration. However, if your access is terminated or restricted due to your violation of these Terms, you will not be eligible for any such compensation.
G. Refund Requests
Refunds may be requested in limited circumstances, including but not limited to unauthorized purchases, accidental purchases, incorrect purchases, or technical issues that prevent access to Digital Content.
Refund requests for purchases made directly through the Filmatic Black Platform may be submitted by contacting us at support@filmaticblack.com. All refund requests are reviewed and granted at Filmatic Black’s sole discretion, in accordance with applicable law.
For purchases made through third-party platforms (such as app stores or payment providers), refund requests must be directed to the applicable third party and are subject to their policies and procedures.
H. Entertainment Content Only; Non-Reliance
All Digital Content made available through the Platform is provided for entertainment purposes only. It is not intended to constitute, and should not be relied upon as, legal, financial, medical, or other professional advice.
I. Content Subjectivity
Digital Content may elicit different reactions from different viewers. You may encounter content that you find offensive, explicit, or otherwise objectionable.
Any ratings, categories, genres, or descriptions are provided for informational purposes only and are not guarantees. You are solely responsible for determining what content is appropriate for you to view.
J. Photosensitivity Notice
Certain Digital Content may include flashing lights, visual effects, or patterns that could affect individuals who are sensitive to light, including those with photosensitive epilepsy or similar conditions.
Additionally, high-resolution formats (such as HDR or enhanced color and brightness displays) may intensify these effects. Viewer discretion is advised.
K. Linked Destinations and Advertising
The Platform may contain links to third-party websites, services, or destinations. When you access these links, you may be leaving the Platform and entering a third-party environment that is subject to its own terms and policies.
Filmatic Black does not control, operate, or endorse any third-party websites or services, even if they are affiliated with or linked to the Platform. These Terms do not apply to your use of any third-party site or service.
You acknowledge and agree that Filmatic Black is not responsible or liable for any content, materials, products, services, or practices of any third-party websites or destinations, including any loss or damage that may arise from your interaction with them.
L. Third-Party Advertising and Services
Filmatic Black does not endorse or assume any responsibility for third-party advertisements or materials that may appear on or through the Platform, including any products or services offered by advertisers.
Any interactions, communications, or transactions you engage in with advertisers or third parties—whether through advertisements or otherwise—are solely between you and that third party. Filmatic Black is not responsible or liable for any loss, damage, or claim arising from such interactions.
If you choose to provide personal or financial information to any third party, you do so at your own risk. We encourage you to review the applicable terms of use and privacy policies of any third party before engaging with their content, services, or transactions.
M. Subscriptions Obtained Through Third Parties
If you access the Platform or purchase a Membership, subscription, or Digital Content through a third-party provider, distributor, or platform, you will be billed directly by that third party in accordance with their terms and policies.
Filmatic Black’s terms regarding billing, cancellations, and refunds do not apply to purchases made through third parties. Such transactions are governed solely by the applicable third party’s terms and conditions.
Filmatic Black is not responsible for any products, services, billing practices, or policies of third-party providers.
To manage or cancel a subscription purchased through a third party, you must follow the instructions provided by that third party.
N. Gift Cards
Filmatic Black may offer gift cards or similar stored-value products that can be redeemed for eligible content, products, or services on the Platform.
Gift cards are subject to any additional terms provided at the time of purchase or redemption. Unless expressly stated, gift cards may not be combined with other promotions, discounts, or special offers.
Gift cards have no cash value except where required by applicable law and may not be resold, transferred for value, or redeemed for cash.
O. Promotional and Experimental Features
Filmatic Black may, from time to time, test, modify, or introduce new features, promotions, pricing structures, user experiences, or other elements of the Platform.
These features may be offered on a limited basis, may vary by user, and may be subject to additional terms. Filmatic Black reserves the right to modify, suspend, or discontinue any such features at any time, in its sole discretion, without notice.
11. Disclaimer of Representations and Warranties
THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, FILMATIC BLACK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS (COLLECTIVELY, THE “FILMATIC BLACK PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
FILMATIC BLACK DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, OR THAT ANY CONTENT OR FEATURES WILL MEET YOUR EXPECTATIONS.
BY USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOUR USE COMPLIES WITH ALL APPLICABLE LAWS IN YOUR JURISDICTION.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY LAW, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR PERSONAL INJURY, FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FILMATIC BLACK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS (COLLECTIVELY, THE “FILMATIC BLACK PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOODWILL, OR FOR ANY SYSTEM FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR CONTENT; (B) THESE TERMS; OR (C) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FILMATIC BLACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE FILMATIC BLACK PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO FILMATIC BLACK IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS ($100).
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY LAW, INCLUDING LIABILITY FOR PERSONAL INJURY, FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR ANY NON-WAIVABLE STATUTORY RIGHTS.
13. Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
14. Waiver of Injunctive or Other Equitable Relief
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT SEEK OR BE ENTITLED TO ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF THAT WOULD RESTRICT, DELAY, OR OTHERWISE INTERFERE WITH THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OR EXPLOITATION OF THE PLATFORM, ANY CONTENT, SUBMISSIONS, PRODUCTS, SERVICES, OR ANY INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY FILMATIC BLACK OR ITS LICENSORS.
15. Updates to Terms
Filmatic Black reserves the right, at any time and in its sole discretion, to modify or update these Terms and any applicable Additional Terms.
We may provide notice of updates by posting the revised Terms on the Platform, updating the “Last Updated” date, and/or by sending notice to the email address associated with your account.
Any changes will be effective immediately upon posting, unless a later effective date is specified. Your continued use of the Platform after any updates become effective constitutes your acceptance of the revised Terms.
If you do not agree to the updated Terms, your sole remedy is to discontinue use of the Platform.
16. General Provisions
A. Consent or Approval
Any consent or approval required by Filmatic Black under these Terms must be in writing and signed or expressly authorized by an authorized representative of Filmatic Black. No failure or delay by Filmatic Black in exercising any right shall constitute a waiver of that right.
B. Survival
Any provisions of these Terms that, by their nature, should survive termination of your access to the Platform or Services shall remain in full force and effect. This includes, without limitation, provisions relating to intellectual property, Submissions, Products, Customer Support, Third-Party Services, dispute resolution (including arbitration and choice of law), disclaimers, limitations of liability, indemnification, waiver of injunctive relief, updates to these Terms, and these General Provisions.
C. Severability; Interpretation; Assignment
If any provision of these Terms or any applicable Additional Terms is found to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
You agree that these Terms shall not be construed against Filmatic Black as the drafter. Section headings and summaries are provided for convenience only and do not affect the meaning or interpretation of any provision.
Filmatic Black may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.
D. Entire Agreement; No Waiver
These Terms, together with any applicable Additional Terms and our Privacy Policy, constitute the entire agreement between you and Filmatic Black regarding your use of the Platform and supersede all prior or contemporaneous agreements, communications, or understandings.
No failure or delay by Filmatic Black in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right, power, or remedy. Any waiver or modification of these Terms must be in writing and authorized by Filmatic Black.
E. International Use
Filmatic Black operates the Platform from the United States. We make no representation that the Platform or Services are appropriate or available for use in all locations outside of the United States.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any transactions conducted through the Platform.
Certain software, technology, or content made available through the Platform may be subject to United States export control laws. You agree to comply with all applicable export laws and regulations and not to export or re-export any such materials to any prohibited country, entity, or individual.
F. Investigations; Cooperation with Law Enforcement
Filmatic Black reserves the right to investigate any suspected or actual violations of these Terms or misuse of the Platform. We may take any action we deem appropriate, including suspending or terminating access, reporting unlawful activity, and cooperating with law enforcement authorities.
We may disclose information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests.
G. Submissions and Unsolicited Ideas Policy
Filmatic Black does not accept, review, or consider unsolicited submissions of any kind, including but not limited to ideas, concepts, pitches, scripts, treatments, or other creative materials (“Unsolicited Materials”), unless expressly requested by us through an official submission process.
Any Unsolicited Materials submitted to Filmatic Black, whether through the Platform, social media, email, or otherwise, will not be treated as confidential or proprietary, and may be deleted or disregarded without review.
Filmatic Black and its affiliates are continuously developing projects independently and in collaboration with third parties. By submitting any Unsolicited Materials, you acknowledge and agree that Filmatic Black is free to develop, acquire, or produce content that may be similar or identical to your submission, without any obligation to you.
17. Contact Us
If you have any questions, comments, or concerns about these Terms, you may contact us at info@filmaticblack.com
For legal notices, you may contact us at the address provided on our Platform or by emailing legal@filmaticblack.com (or such other address as we may designate from time to time).
You agree that all agreements, notices, disclosures, and other communications that Filmatic Black provides to you electronically satisfy any legal requirement that such communications be in writing.