Last updated: October 7, 2016
This is the FandangoNOW Policy (this "FandangoNOW Policy"). When we say "our", "us", "we" or "Fandango" in this FandangoNOW Policy, we mean Fandango Media, LLC or its subsidiaries. When we say "Services" or "Site" in this FandangoNOW Policy, we mean websites and applications operating under the Fandango, Rotten Tomatoes, Flixster, FandangoNOW, Movieclips, Movies.com brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference this FandangoNOW Policy or other Fandango Terms and Policies, or the other services provided through any of these means. This FandangoNOW Policy is subject to, and shall also include, the other Fandango Terms and Policies.
NOTICE OF ARBITRATION PROVISIONS: Your use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Arbitration section above and below as well as in the Terms and Policies. Please read the arbitration provisions carefully and do not use our Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
Our goal at Fandango is to make your home or on the go movie watching experience as easy and enjoyable as possible. Our FandangoNOW Policy is designed to provide you with much of the information you need. Please take a minute to read the following:
The availability of our catalogue, movies, TV shows, video content and other digital entertainment content (collectively, "Content") to watch will change from time to time and may not always be available on any or all devices. In order to stream or download Content, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access. You are responsible for all Internet access and data transmission charges. Please check with your Internet provider for information on possible Internet data usage charges. You must be connected to the Internet for the entire time you are streaming Content. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your device, your location, the bandwidth available through and/or speed of your Internet connection and/or the format or definition you select for your Content. Fandango makes no representations or warranties about the quality of your viewing experience on your device or the ability of any device to access or play the Content. We may place limitations on the number of Authorized Devices (defined below) you may link to your FandangoNOW Account, the number of streams for a piece of Content (including limitations on the number of simultaneous streams), as well as the number of downloads of a piece of Content. For example, you may or may not be able to watch Content simultaneously on multiple devices at any one time. The number and type of devices and concurrent streams may change without notice to you. You must not download or stream Content if you are located outside the United States. Please review any restrictions regarding simultaneous viewing that may be posted from time to time.
While using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable. You agree to use the Services at your sole risk and that we shall not have any liability to you for the type of Content that you may access, including without limitation Content that you may find offensive, indecent, or objectionable.
In order to access or use many of the features on FandangoNOW you must first register through our online registration process at www.fandangonow.com/signup (or through the applicable device if registration is available) and create a "FandangoNOW Account."
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) you will not use a username (or e-mail address) that is already being used by someone else, or that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive (and we may reject the use of any password, username, or e-mail address for any other reason in our sole discretion); (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your FandangoNOW Account profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your FandangoNOW Account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any portion of the Service that requires a FandangoNOW Account; (v) you will immediately notify us of any unauthorized use of your FandangoNOW Account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your FandangoNOW Account or any FandangoNOW Account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this FandangoNOW Policy, any applicable Usage Rights (as defined below), or any applicable law, then we may suspend or terminate your FandangoNOW Account. We also reserve the more general and broad right to terminate your FandangoNOW Account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion, for any reason, and without advance notice or liability.
FANDANGONOW VIP REWARDS
When you create a FandangoNOW Account, we will automatically enroll you in our VIP Rewards Program, which will be subject to the VIP Reward Program Terms. The VIP Rewards Program may, for instance, let you earn VIP Rewards Points toward discounts, which can then be applied to the purchase or rental of movies (excluding movie collection bundles), the purchase of TV shows, episodes or complete seasons, or the purchase of Fandango-branded Gift Cards within the Gift Card purchase pages of FandangoNOW.
When you order or view Content and pay any applicable fees, you will be granted a non-exclusive, non-transferable, non-commercial, limited license to access, use and/or view the Content in accordance with any usage rights or additional terms that may be provided with your devices and/or with such Content ("Usage Rights"). You agree to comply with the Usage Rights. The Usage Rights may set forth restrictions as discussed below in "Viewing Period" and also may include restrictions on what devices can be utilized. Additionally, in order to access the Content, you must use an Authorized Device. As used herein, an "Authorized Device" means the following if and to the extent that we approve it, it is running the necessary applications and it meets the minimum system requirements: a personal computer, video game console, consumer electronics device, or mobile or tablet device. Please click HERE for a list of devices that are currently considered Authorized Devices (subject to running the necessary applications and meeting the minimum system requirements) and thus that are compatible with the FandangoNOW Service. You are limited to a maximum of five Authorized Devices associated with your FandangoNOW Account. Your Authorized Device can become de-authorized by Fandango at any time (at which point it shall no longer be an "Authorized Device"). Additionally, the support or availability of the Services or the Content through such Authorized Devices may be limited by the providers of those devices, or related networks or operating system providers at any time.
By using the Services, you are expressly agreeing that Fandango and its vendors and partners are authorized to charge you any applicable purchase fees or taxes and any other charges you may incur in connection with your use of the Service to the credit or other payment card or account you provide during registration (or to a different card or account if you so change your FandangoNOW Account information) ("Payment Method"). You further agree that we and our payment platform may store and use the Payment Method information you provide, and that our payment platform may store and use your Payment Method or other account information. For purposes of identification and billing, you agree to provide accurate, complete, and updated information required by the Services ("Registration Data"), including your legal name, address, telephone number(s). In the event of a breach of security, you will remain liable for any unauthorized use of your account until you update your Registration Data.
The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your Payment Method. Fees are payable only in U.S. dollars. Fandango may change the fees and charges in effect or add new fees and charges from time to time. Upon entering a credit card or other Payment Method into your FandangoNOW Account, we may validate that your Payment Method is an active authorized card and account. In the case of Payment Methods, the validation process may take longer and the credit back may be delayed by 48 hours or more by the issuing bank or applicable processors. Due to authorization balance holds on prepaid cards, some cards may not have sufficient balance available for purchase or activation. In this case, your card may be rejected by the bank. If your card is rejected and you believe there is sufficient balance on the card, please contact your bank directly and ask that any authorization holds be removed to allow the available balance to be used. Once a pre-paid card has no funds available, the pre-paid card information is dropped from our payment processor storage, so a "replenished" card would be needed and the information for such Payment Method must be re-entered by you.
PAYMENTS ARE NONREFUNDABLE AND THERE IS NO RIGHT TO REFUNDS OR CREDITS, UNLESS REQUIRED BY APPLICABLE LAW. However, at any time, and for any reason, we may (in our discretion) provide a refund, discount, or other monetary value to some or all of our users ("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 Credits in the future, under any circumstance. Neither we, nor any other payment processor will replace Content that you have purchased or issue refunds if your inability to use the Content is due to your failure to meet the system requirements, if you are not using an Authorized Device, or if you have not otherwise complied with this FandangoNOW Policy.
YOUR USE OF THE CONTENT
Your right to make use of the Services and materials incorporated in or made available through the Services, including Content, is subject to your compliance with this FandangoNOW Policy. You are granted a non-exclusive, non-transferable, limited right and license to access and use the Content solely for your private non-commercial viewing. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use the Services.
You must not transfer, copy or display Content except as permitted in this FandangoNOW Policy. In addition, you must not:
- Sell, rent, lease, distribute, publicly perform or display, broadcast, sublicense or otherwise assign any right to the Content to any third party;
- Reproduce, republish, upload, post, transmit, further distribute, customize, modify, or create derivative works from the Content or any portion of the Content;
- Remove any proprietary notices or labels on the Content;
- Attempt to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Content; and/or
- E. Use the Services or Content for any commercial or illegal purpose.
Any other use or exploitation of the Services or Content is strictly prohibited.
You understand and agree that certain Content will include security technology that limits your use of such Content and that any other use of such Content may constitute copyright infringement. Any security technology is an inseparable part of the Content. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, remove, alter, deactivate, degrade, or otherwise tamper with any of the security technology related to, or delivered with, such Content for any reason—or to attempt or assist another person to do so. You shall not access or attempt to access a FandangoNOW Account that you are not authorized to access. In addition to other remedies available to Fandango, violators may be subject to civil and potentially criminal liability.
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. The Services use PlayReady technology to protect certain Content. If the PlayReady technology fails to protect the Content, Content owners may require the Services to restrict or prevent the delivery of protected content to specified devices or PC software applications. In certain cases, you may be required to upgrade the PlayReady technology to continue to access the Content. If you decline such an upgrade, you may not be able to access Content that requires the upgrade.
CONTENT REQUIRING A FANDANGONOW ACCOUNT
Much of the Content on the FandangoNOW Service requires that you have a FandangoNOW Account to view it ("Content Requiring an Account"). Content Requiring an Account falls into three categories:
(1) "Fandango Purchased Content"—this is Content Requiring an Account that is available for purchase by you through your FandangoNOW Account on a VOD Basis or EST Basis.
- Content available on a "VOD Basis" is content that is marketed with words such as "rental" or "rent", or "video on demand" or "VOD", and means that the Content must be first viewed within 30 days of your purchase, and you must finish viewing that Content within a limited period of time that is set forth in the Usage Rights applicable to that item of Content (which is often 48 hours, but sometimes less and sometimes more). When you purchase Content on a VOD Basis, that purchase will not give you access to that Content through Locker Services.
- Content available on an "EST Basis" is content that is marketed with words such as "own" or "electronic sell through" or "EST", and means that, once purchased by you, the Content can (subject to the terms of this FandangoNOW Policy) be watched repeatedly on a streamed basis , can be downloaded to (and then watched from) certain (but not all) Authorized Devices (for more information about downloads see the below), and is sometimes eligible for inclusion in a Locker Service (for more about locker services see the below), with some of the details related to the ability to watch it set forth in the Usage Rights applicable to that item of Content. Content acquired on an EST Basis can typically be watched on a streaming basis for a lengthy period of time (often many years), but ultimately that period may end sooner or later as determined by Fandango. We encourage you to download Content you acquire on an EST Basis so that if Fandango terminates your streaming access, you will still be able to watch the version that you have downloaded. Also, if Content is eligible for inclusion in a Locker Service, we encourage you to link your FandangoNOW Account to that Locker Service before you purchase that Content, so you will be able to stream it through that Locker Service in the future.
(2) "Bonus Content"— this is Content Requiring an Account that is made available to you for free (i.e., at no additional charge) to view through your FandangoNOW Account. Examples of Bonus Content often made available may include behind the scenes footage, interviews with Content creators or actors, or special promotional trailers.
(3) "Locker Content"— this is Content Requiring an Account that we make available to you through your linking of your account to a Locker Service (as described below).
"Locker Services" are services that we support that are run by third parties that allow Content purchased through one source to be viewable through either that source or other sources. An example of "Locker Services" includes UltraViolet. "UltraViolet" is a service currently operated by Digital Entertainment Content Ecosystem (DECE) LLC (see below for more details). You may establish an UltraViolet account by visiting https://www.myuv.com/en/us/signup. Once you have an UltraViolet Locker Service account, you may link your FandangoNOW Account to that Locker Service account.
- If you purchase Fandango Purchased Content on an EST Basis and that Content is eligible for being associated with a Locker Service account, then if you have first linked your FandangoNOW Account to that Locker Service account, then we will send the operators of that Locker Service information (which may include your personal information and video viewing information) so that they know that they can give you access to that Content through their Locker Service. Please note that if you don't first link the accounts before you purchase an item of Content, then you won't be able to access that item of Content through that Locker Service. Also, please note that (i) not all Fandango Purchased Content that is purchased on an EST Basis is eligible for being associated with a Locker Service, (ii) some Fandango Purchased Content that is purchased on an EST Basis may be available through one Locker Service but not multiple Locker Services, and (iii) Content that is not purchased on an EST Basis will not be made available for you through a Locker Service.
- If you have linked your FandangoNOW Account to a Locker Service's account, FandangoNOW can make available to you Content from that Locker Service if that Locker Service tells us you have the right to view it, even if you didn't purchase that Content from FandangoNOW. Typically, this will occur when you purchase that Content through a third party service's account that is linked to the account that you have with that Locker Service.
- We may make available to you a service that allows you to enter codes from a Blu-ray disc or DVD (or the packaging of such a disc) so that you can receive, through a Locker Service, access to another copy of the Content on that disc. Obviously, you would have to link your FandangoNOW account to your Locker Service account, for this to work.
When you link your FandangoNOW Account to your UltraViolet Account, and when you acquire rights to UltraViolet-enabled Locker Content through the Services, you are providing your express consent to allow us to share information about you (including personally identifiable information) and such Locker Content within the UltraViolet Locker Service, including to those that operate aspects of the UltraViolet service (and, obviously to anyone who you give access to your UltraViolet Account).
You may only access UltraViolet enabled Locker Content on Authorized Devices that have been authorized by Fandango to access that UltraViolet enabled Locker Content. You may use each item of UltraViolet enabled Locker Content (subject to the limitations described in the UltraViolet Terms and this FandangoNOW Policy)
Please note that Usage Rights for Locker Content obtained from FandangoNOW do not apply to UltraViolet Content acquired from other retailers or services.
WE DO NOT GUARANTEE OR REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF ULTRAVIOLET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ULTRAVIOLET SERVICE WILL NOT BE DISCONTINUED OR YOUR ACCESS TO ULTRAVIOLET WILL NOT BE TERMINATED.
AVAILABILITY OF DOWNLOADED OR STREAMED CONTENT REQUIRING A FANDANGONOW ACCOUNT
- Limits on Numbers of Devices, Simultaneous Streams and Numbers of Downloads.
We may impose limits on the number of devices that can be associated with or access your FandangoNOW Account or Content, or that can simultaneously receive streams of Content, or on the number of devices that may receive downloads of the same Content. In those cases, you may not be able to access Content or the FandangoNOW Service in excess of those limits.
- Loss of Content.We are not responsible for replacing the Content that is downloaded (beyond what is provided in the Usage Rights) if you are unable to view it or if you lose the Content, including if the Content becomes damaged or corrupt, your device crashes, your hard drive fails or the Content does not play for any other reason. In addition, Fandango Purchased Content may become unavailable due to potential content provider licensing restrictions, the Services no longer being available through a particular Authorized Device, or for other reasons, and we will not be liable to you if Fandango Purchased Content becomes unavailable for further download or streaming.
- Future Changes Regarding Fandango Purchased Content.If we change any part of the Services, which we may do in our sole discretion, you acknowledge that you may not be able to access, view, or use the Content, including the Fandango Purchased Content or Authorized Devices at all or in the same manner as prior to such changes, and you agree that we will not have any liability to you in such case. We reserve the right to modify, suspend, or discontinue access to Content, including the Fandango Purchased Content at any time without notice to you, and we will not be liable to you should we exercise such rights. We also reserve the right to institute a charge in the future for continued access to Fandango Purchased Content, but notice shall be provided to you prior to instituting such a charge. You may download and store your own copy of Fandango Purchased Content, that is purchased on an EST Basis, on certain Authorized Devices (e.g., PC or MAC) so that you can view that Content without additional charge.
- Reservation of Rights.Except for the rights explicitly granted to you in this FandangoNOW Policy, all right, title and interest in the Services and Content are reserved and retained by us and our licensors, and no right, title or interest in the Services or the Content is transferred to you. You do not acquire any ownership rights in the Content as a result of utilizing the Services.
- Viewing Periods.Fandango's authority to provide Content to you is subject to restrictions imposed by the movie studios and other distributors and providers that make Content available to Fandango ("Content Providers"). These Content Providers may designate periods of time when Fandango is prohibited from renting, selling, enabling downloading and/or streaming certain Content to you, including Fandango Purchased Content, and you agree that these limitations can limit your Content access. You may be able to again rent, purchase, stream, download, and/or view such Content at the conclusion of these restricted periods. However, your ability to stream or download Content may terminate if our licenses terminate, change or expire. In addition, Fandango Purchased Content that you purchase on a VOD Basis will only be available for viewing during the applicable exhibition period and subject to any other applicable Usage Rights (e.g., territory restrictions). As a result, viewing periods for Fandango Purchased Content will vary. It is your responsibility to review any applicable Usage Rights, and by making such purchase or rental you acknowledge your acceptance of and agreement to such Usage Rights. Such Usage Rights may, for instance and without limitation, set forth restrictions upon your window of time to initiate viewing of the Fandango Purchased Content and, once initiated, the duration of time you have to complete viewing such Fandango Purchased Content.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to the Terms and Policies, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any FandangoNOW purchases or other purchases, transactions or relationships with Fandango, or (iii) any data or information you may provide to Fandango or that Fandango may gather in connection with such use, interaction or transaction (collectively, "Fandango Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Fandango Transactions or Relationships with us, you agree to binding arbitration as provided in the Terms and Policies.
CHANGES TO FANDANGONOW POLICY
From time to time, we may revise this FandangoNOW Policy. You can determine when this FandangoNOW Policy was last revised by referring to the top of this page. Any changes to this FandangoNOW Policy will become effective upon posting of the revised FandangoNOW Policy on the Internet, accessible through Services. By purchasing movies or other videos or otherwise continuing to use Services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this FandangoNOW Policy, as it may be amended from time to time, please do not purchase movies from Fandango or continue using the Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this FandangoNOW Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this FandangoNOW Policy being deemed illusory or unenforceable.