Last Updated: October 31, 2022
This is the Vudu Policy (this "Vudu Policy"). When we say "our", "us", "we" or "Fandango" in this Vudu Policy, we mean Fandango Media, LLC or its subsidiaries. When we say "Services" or "Site" in this Vudu Policy, we mean websites and applications operating under the Fandango, FandangoNOW, Vudu, Rotten Tomatoes, Flixster, Movieclips, Movies.com, Activaterewards.com, MovieTickets.com, or M-GO 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 Vudu Policy or other Fandango Terms and Policies, or the other services provided through any of these means. When we say “Vudu” in this Vudu Policy, we mean all Vudu services as described below, including Vudu’s mobile and other applications and its website. This Vudu Policy is subject to, and shall also include, the other Fandango Terms and Policies.
NOTICE OF ARBITRATION PROVISIONS:
Your use of our websites and our other services are subject to binding arbitration of any disputes which may arise (other than to the extent that they cannot be resolved informally or in small claims court), as provided in the Terms and Policies. Please read the arbitration provisions of the Terms and Policies carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms and Policies.
Our goal at Fandango is to make your home or on the go movie watching experience as easy and enjoyable as possible. This Vudu Policy is designed to provide you with much of the information you need. Please 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 Vudu 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. The Service is available only, and Content can be accessed only from, within the United States of America (excluding in some cases US territories and possessions). Please review any restrictions regarding simultaneous viewing that may be posted from time to time.
One of the features of the Services is that we may customize your user experience based on your Content, webpage and other viewing, purchasing and browsing history. You may notice this when you use the Services.
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 Vudu, you must first register through the online registration process at www.vudu.com/signup (or through the applicable device if registration is available) and create a "Vudu Account." When we say “Account” in this Vudu Policy, we mean your Vudu Account.
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 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 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 an Account; (v) you will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your Account or any 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 Vudu Policy, any applicable Usage Rights (as defined below), or any applicable law, then we may suspend or terminate your Account. We also reserve the more general and broad right to terminate your 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.
As you may be aware, we recently acquired Vudu from Walmart. For a limited period of time, if you have a Vudu Account, you may be able to “sign-in” to your Vudu Account using your Walmart sign-in credentials. Please note that this ability may be suspended at any time, so you should be aware of how to “sign-in” to your Vudu Account directly.
FANDANGO VIP+ PROGRAM
When you create a Vudu Account, we will not automatically enroll you in our Fandango VIP+ Program.
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 contained herein and 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. 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.
Vudu Authorized Device Limits:
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 Vudu Service, please go to the Vudu Service. You are limited to a maximum number of Authorized Devices associated with your Vudu Account; provided each such Authorized Device may only be linked to a single Vudu Account at a given 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 (which may not have been shown to you at the time of purchase, but as indicated in your purchase confirmation email) 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 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 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 Vudu 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 Vudu 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 Vudu 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
- Use the Services or Content for any commercial or illegal purpose.
Any other use or exploitation of the Services or Content is strictly prohibited.
Each content provider shall be deemed an intended third party beneficiary to this Vudu Policy with respect to any rights that Vudu may have herein with respect to the users of the Services.
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 an 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.
Some devices use Microsoft PlayReady™ content access technology to protect 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 AN ACCOUNT
Much of the Content on the Vudu Service requires that you have a Vudu Account to view it ("Content Requiring an Account"). Content Requiring an Account falls into three categories:
(1) "Vudu Purchased Content"—this is Content Requiring an Account that is available for purchase by you through your Vudu Account on a VOD Basis or EST Basis.
- Content available on an "EST Basis" is Content that is marketed with words such as "own" or “buy” or "electronic sell through" or "EST", and means that, once purchased by you, the Content can (subject to the terms of this Vudu 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 the Content owner. (Note that what you are “buying” or “owning” is a license with specific terms for a finite period of time; you are not “buying” or “owning” the Content itself.) We encourage you to download Content you acquire on an EST Basis.
- Content available on a "VOD Basis" is Content that is marketed with words such as "rent" or "video on demand" or "VOD", and means that, once purchased by you, the Content can (subject to the terms of this Vudu 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), for a limited period of time, 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 a VOD Basis can typically be watched on a streaming basis for a limited period of time, but ultimately that period will end as determined by Fandango. See the “Viewing Periods” section below.
(2) "Bonus/Promotional Content"— this is Content Requiring an Account that is made available to you for free (i.e., at no additional charge) either as a standalone, or included with the purchase of other Content, to view through your 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. Examples of "Locker Services" includes Movies Anywhere. "Movies Anywhere" or "MA" is a service currently operated by MA, LLC, an affiliate of The Walt Disney Company (see below for more details). You may establish an MA account by visiting https://www.moviesanywhere.com. Once you have an MA Locker Service account, you may link your Account to that Locker Service account.
- If you purchase Vudu Purchased Content on an EST Basis (resulting in an "Entitlement") and that Content is eligible for being associated with a Locker Service account, then by linking your Account to that Locker Service account, you are providing your express consent to allow us to share information about you (which may include your personal information and video viewing information) with operators of the Locker Service (and, obviously to anyone who you give access to your Locker Service Account), so that they know that they can give you access to Vudu Purchased Content through their Locker Service ("Entitlement Sharing"). The Locker Service in turn may share this information with other video providers with whom you link your Locker Service account. Please note that if you don't first link the accounts, then you won't be able to access that item of Content through that Locker Service. Also, please note that (i) not all Vudu Purchased Content that is purchased on an EST Basis is eligible for being associated with a Locker Service, (ii) some Vudu 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 Account to a Locker Service's account, Vudu can make available to you eligible Locker 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 Locker Content from Vudu. By linking your Account to the Locker Service account, you are providing your express consent to the Locker Service to share Entitlement information from other retailers with us (and for Vudu to continue to use the Entitlement information) for the purpose of Vudu to continue to make available the title(s) to you through your Vudu Account. This sharing of Entitlements shall also be referred to herein as "Entitlement Sharing." Typically, this will occur when you purchase that Locker Content through a third party service's account that is linked to the account that you have with that Locker Service. You may only access Locker Content on Authorized Devices that have been authorized by Fandango to access that Locker Content. You may use each item of Locker Content (subject to the limitations described in the Movies Anywhere Terms (as applicable) and this Vudu Policy). Some titles may not be eligible for Entitlement Sharing or may be limited to sharing with one 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 or your Account, access to another copy of the Content on that disc. Obviously, you would have to link your Account to your Locker Service account, for this to work. This service is only available for physical Blu-ray and DVD titles that have been legitimately purchased and are presently owned by you. These codes may not be valid and may not be honored, if obtained from unauthorized sellers or resellers, including, but not limited to, through Internet auction sites, or obtained without purchasing the associated disc. We may disable movies in your library if they were acquired in this manner.
- Unlinking. Unlinking your Locker Service account will cease all future Entitlement Sharing between a Locker Service account and your Account. Content not purchased through your Account (i.e., Locker Content) may no longer appear in your Account library . Entitlements for Vudu Purchased Content which have been shared with a Locker Service prior to unlinking may continue to be available in the Locker Service and in the service of the applicable video providers.
- WE DO NOT GUARANTEE OR REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF MOVIES ANYWHERE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE MOVIES ANYWHERE SERVICE WILL NOT BE DISCONTINUED OR YOUR ACCESS TO MOVIES ANYWHERE WILL NOT BE TERMINATED.
THIRD-PARTY SOFTWARE & LICENSING NOTICES
Next-Gen Extras (Extras+ on Mobile)
Portions of the Next-Gen Extras functionality are Copyright 2016 Warner Brothers and are licensed under the Apache License, Version 2.0 (the “License”). You may not use this file except in compliance with the License. You may obtain a copy of the License at https://github.com/warnerbros/cpe-manifest-ios-experience/blob/master/LICENSE
Unless required by applicable law or as agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for specific language governing permissions and limitations under the License.
AVAILABILITY OF DOWNLOADED OR STREAMED CONTENT REQUIRING AN 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 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 Vudu 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, Vudu 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 Vudu Purchased Content becomes unavailable for further download or streaming.
- Future Changes Regarding Vudu 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 Vudu 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 Vudu 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 Vudu Purchased Content, but notice shall be provided to you prior to instituting such a charge. You may download and store your own copy of Vudu Purchased Content, that is purchased on an EST Basis, on certain Authorized Devices so that you can view that Content without additional charge.
- Reservation of Rights.
Except for the rights explicitly granted to you in this Vudu 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 Vudu 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, Vudu 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 Vudu 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 Vudu Purchased Content and, once initiated, the duration of time you have to complete viewing such Vudu Purchased Content.
As you may be aware, we recently acquired Vudu from Walmart. You may have the opportunity to stream an electronic copy of InstaWatch-eligible physical disc(s) purchased from participating Walmart stores. For Blu-ray purchases, you would receive the HDX quality digital copy. For DVD purchases, you would receive the SD quality digital copy. Sometimes the DVD or Blu-ray version of a title varies from the digital version. Vudu will provide the digital version of the title that we determine is comparable to the version you purchased. If you purchase a Blu-ray or DVD title that includes additional content (such as additional audio tracks or other “bonus features”), this content may not be included in the version added to your Vudu library.
To receive an electronic copy for such purchases through InstaWatch, the following may be required: a) a current and valid Vudu Account; b) proof of registration of your Walmart.com account or Vudu Account; (c) scanning your receipt for the InstaWatch-eligible DVD or Blu-ray Disc purchase; and (d) following applicable instructions.
Additionally, certain physical discs purchased may require you to register on a third party site or otherwise meet requirements of such third party sites (e.g., Movies Anywhere, etc.). We will not bill you for eligible digital downloads via InstaWatch but require you to maintain an accurate method of payment (i.e. current valid credit card) on file for other purchases you may make and for fraud prevention purposes.
To make InstaWatch available to you, Walmart may need to request certain information from you during check-out at participating Walmart stores or on Walmart.com. This information is used to verify your participation in InstaWatch and to identify eligible disc purchases. Provision of such information is not required to complete your disc purchase but is necessary to allow you to receive your electronic copy.
To use InstaWatch, you agree that (i) Walmart, its subsidiaries, affiliates, or other members of the Walmart corporate family can share your purchase information with Vudu, and (ii) Vudu can share your purchase information with Walmart and other Walmart subsidiaries, affiliates, or other members of the Walmart corporate family.
The InstaWatch service is only available for physical Blu-ray and DVD titles that have been legitimately purchased and are presently owned by you. We reserve the right to refuse a receipt or a code for an InstaWatch copy, if the receipt or code was obtained from unauthorized sellers or resellers, including, but not limited to, through Internet auction sites, or was obtained without purchasing the associated disc. We may disable movies in your library if they were acquired in this manner.
- Returns for InstaWatch and E-Copy
If you return a physical disc associated with the electronic copy provided to you as part of InstaWatch or other e-copy programs, Vudu may revoke your access to such electronic copy.
- Disc to Digital
You may have the opportunity to convert your physical Blu-ray and DVD discs into electronic copies that may be stored and viewed through the Vudu Service via the Disc to Digital programs. The Disc to Digital programs are only available for physical Blu-ray and DVD titles that have been legitimately purchased and are presently owned by you and have not been previously used in a Disc to Digital conversion. You may convert a maximum of one hundred physical Blu-ray and DVD titles per calendar year for the Disc to Digital program. Additionally, you may only scan to convert your Blu-ray and DVD titles while those titles are eligible for the Digital to Disc programs. Your use of the Disc to Digital program may require you to create an account with Movies Anywhere and link to your Vudu Account. For more information on Movies Anywhere, see the “Locker Services” and Movies Anywhere” sections above. We reserve the right to refuse a code for a Disc to Digital copy, if the code was obtained from unauthorized sellers or resellers, including, but not limited to, through Internet auction sites, or was obtained without purchasing the associated disc. We may disable movies in your library if they were acquired in this manner.
- Parental Controls
Not all Content is appropriate for all Vudu users. If you are a parent, it is your responsibility to monitor the Vudu Content selections and viewing habits of your children. You can set certain parental controls in your Vudu Account profile that allow you to control the availability of and/or access to certain Vudu Content. The Vudu Service includes parental control features that let you restrict access to certain Content based on the rating system of the Motion Picture Association of America and on rating metadata from Common Sense Media®. You can access these features in your Vudu Account profile. Vudu shall have no liability if a child or you, through mistake or otherwise, views Content that may be objectionable to you or the child. The parental controls in your account management profile also allow you to restrict purchasing through your Vudu Account by requiring that a passcode be entered before finalizing any purchase.
CHANGES TO THIS VUDU POLICY
From time to time, we may revise this Vudu Policy. You can determine when this Vudu Policy was last revised by referring to the top of this page. Any changes to this Vudu Policy will become effective upon posting of the revised Vudu 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 Vudu 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 Vudu 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 Vudu Policy being deemed illusory or unenforceable.
If you have any questions about the information above, please visit https://support.vudu.com/ or call 1 (888) 554-8838.