GCFlix! is an online video service that provides our members with access to motion pictures, television and other audio-visual entertainment (Collectively “GCFlix content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“GCFlix ready devices”). Our Video Service, the content and any other products, features, tools, materials, or other services (including third party branded services)
You agree to the Arbitration Agreement and class action waiver described in Section 18 to resolve any disputes with GCFlix (except for matters that may be taken to small claims court).
- We may offer content for free. Such content may contain advertisements and may only be available in standard definition. Such ongoing memberships will continue on a month to month basis and will automatically renew unless and until you cancel your membership or until we terminate it. You must have internet access to utilize the “Service”.
The GCFlix service is provided by Golden Ceiba Productions, or one of its affiliated companies.
Paid Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your GCFlix membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the GCFlix service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
Paid Content Rental You Can Rent Content: Currently, you can “rent” Content through the GCFlix Service. When you order Content for rental, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your GCFlix compatible device, and view the Content within the applicable exhibition period.
Billing: By using the GCFlix Service, you are expressly agreeing that GCFlix is authorized to charge you any applicable rental, subscription or purchase fees or taxes and any other charges you may incur in connection with your use of the GCFlix Service to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your payment method in your GCFlix Account. For preorder rentals or purchases, you may be charged up to 24 hours prior to the time the Content is released and available. Fees are payable only in U.S. dollars. GCFlix may change the fees and charges in effect or add new fees and charges from time to time. There may be a temporary disruption of your access to the GCFlix Service until GCFlix can verify the validity of any new credit or debit card information. Pricing errors may occur on the Website. In the event of a pricing error, GCFlix reserves the right to restrict your access to Content, with no further obligations to you, even after your receipt of Content or confirmation of Content availability. GCFlix may, in its sole discretion, either contact you for instructions or restrict access to Content.
- Your GCFlix membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. GCFlix reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “My Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- CLICK THE “MY ACCOUNT” LINK TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your GCFlix membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the GCFlix service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“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.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “My Account” link on the GCFlix website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel Your Account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your GCFlix membership at any time, and you will continue to have access to the GCFlix paid service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED GCFLIX CONTENT. To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. If you cancel your membership, Your Account will automatically close at the end of your current billing period. To see when Your Account will close, click “View billing details” on the “My Account” page.
- The GCFlix service and any content viewed through our service are for your personal and non-commercial use only. During your GCFlix membership, we grant you a limited, non-exclusive, non-transferable, license to access the GCFlix service and view GCFlix content through the service.
- You may view GCFlix content through the GCFlix service primarily within the country in which you have established Your Account and only in geographic locations where we offer our service and have licensed such GCFlix content. The content that may be available to watch will vary by geographic location. GCFlix will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH MAY BE LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
- We continually update the GCFlix service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of GCFlix content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- Some GCFlix content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
- You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by GCFlix in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by GCFlix in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by GCFlix. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by GCFlix in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- The availability of GCFlix content to watch will change from time to time, and from country to country. The quality of the display of the GCFlix content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. GCFlix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching GCFlix content show will vary based on a number of factors, including your location, available bandwidth at the time, the GCFlix content you have selected and the configuration of your GCFlix ready device.
- GCFlix software is utilized by, developed by, or for, GCFlix and is designed to enable streaming and viewing of content from GCFlix through GCFlix ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE GCFLIX AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the GCFlix service. If your GCFlix ready device is sold, lost or stolen, please deactivate the GCFlix ready device. If you fail to log out or deactivate your device, subsequent users may access the GCFlix service through My Account and may be able to access certain of My Account information. To deactivate a device, follow instructions on the “My Account” page of our website
- The Video Player, may or may not be provided by a third party. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
- You agree that GCFlix owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by GCFlix and GCFlix’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
You agree to observe the Services, Content, and Video Player restrictions detailed above, and further agree that you will not use the Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by GCFlix (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
- involves accessing the Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including GCFlix’s, or other third party hosting servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
- uses the Services to advertise or promote services that are not expressly approved in advance in writing by GCFlix;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by GCFlix;
- interferes with any other party’s use and enjoyment of the Services; or
- attempts to do any of the foregoing.
Passwords & Account Access
- The member who created the GCFlix account and where applicable whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the GCFlix account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting GCFlix Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to Your Account.
- In order to provide you with ease of access to Your Account and to help administer the GCFlix service, GCFlix may utilize technology that enables us to recognize you as the Account Owner and provide you with direct access to Your Account without requiring you to retype any password or other user identification when you revisit the GCFlix service, which includes accessing via GCFlix ready devices or website.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the GCFlix website and not through a hyperlink in an email or any other electronic communication, even if it looks official. GCFlix reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. GCFlix is not obligated to credit or discount a membership for holds placed on the account by either a representative of GCFlix or by the automated processes of GCFlix.
GCFlix is not responsible for the content or practices of any website or destination other than the GCFlix Site, even if it links to the GCFlix Site and even if the website or destination is operated by a company affiliated or otherwise connected with GCFlix. By using the Services, you acknowledge and agree that GCFlix is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the GCFlix Site.
Disclaimers of Warranties and Limitations on Liability
- THE GCFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GCFLIX SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GCFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GCFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. GCFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GCFLIX READY DEVICES, AND GCFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GCFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Copyright. The GCFlix service, including all content provided on the GCFlix service, is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. GCFlix is a registered trademark of Golden Ceiba, LLC.
- Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the GCFlix service, please notify us by completing the Copyright Infringement Claims form (www.GCFlix.com/Copyright)
- Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the GCFlix service. These Applications may import data related to your GCFlix account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and GCFlix is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY GCFLIX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted. GCFlix is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the GCFlix service, including the GCFlix website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the GCFlix service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note GCFlix does not accept unsolicited materials or ideas for GCFlix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GCFlix. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against GCFlix and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- If you elect to seek arbitration or file a small claim court action, you must first send to GCFlix, by certified mail, a written Notice of your claim (“Notice”). The Notice to GCFlix must be addressed to: General Counsel, Golden Ceiba Productions, LLC 7004 Jackson Street, Guttenberg, NJ 07093 (“Notice Address”). If GCFlix initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by GCFlix, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If GCFlix and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or GCFlix may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless GCFlix and you agree otherwise, any arbitration hearings will take place in Either New York County or Los Angeles County.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND GCFLIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GCFlix agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.