Terms of Use

Festiflix Terms of Use

Overview

Welcome to Festiflix! We are a subscription service that provides our members with access to previously publically unviewed award winning short films (“Festiflix content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“Festiflix ready devices”).

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “Festiflix service,” “our service” or “the service” means the service provided by Festiflix for discovering and watching Festiflix content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Festiflix (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Festiflix ready devices, you may need to visit www.Festiflix.com/TermsOfUse to review these hyperlinked terms.

  1. Acceptance of Terms of Use
  2. These Terms of Use, which include our Privacy Statement (www.Festiflix.com/Privacy) and End User License Agreement (www.Festiflix.com/EULA) (“EULA”) govern your use of the Festiflix service. By using, visiting, or browsing the Festiflix service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Festiflix service.
  3. The Festiflix service is provided by Festiflix, LLC. Check back as the service provider may change from time to time.
  4. Changes to Terms of Use.Festiflix may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.
  5. Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
  6. Communication Preferences. By using the Festiflix service, you consent to receiving electronic communications from Festiflix relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Festiflix service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Festiflix. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Festiflix features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Communication settings” link on the “Your Account” page of our website (www.Festiflix.com/YourAccount) to manage your Festiflix communications. Please review our Privacy Statement (www.Festiflix.com/Privacy) for further detail on our marketing communications.
  7. Membership, Free Trials, Billing and Cancellation
  8. Membership
  9. Ongoing Membership. Your Festiflix membership, which may start with a free trial, will continue bi-annually 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 Festiflix service. We will bill the biyearly membership fee and any additional fees you incur to your Payment Method. You must cancel your membership before it renews every two years in order to avoid billing of the next term membership fees to your Payment Method.
  10. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Festiflix by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
  11. Free Trials
  12. Your Festiflix 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. Festiflix reserves the right, in its absolute discretion, to determine your free trial eligibility.
  13. We will begin billing your Payment Method for two year membership fees at the end of the free trial period of your membership and your membership will automatically renew every two years 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 “Your 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.

iii.       CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF ANY FESTIFLIX WEB PAGE (www.Festiflix.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

  1. Billing
  2. Recurring Billing. By starting your Festiflix membership and providing or designating a Payment Method, you authorize us to charge you a biyearly membership fee at the then current rate. Any other charges you may incur in connection with your use of the Festiflix service, such as possible transaction fees and applicable taxes, will be billed monthly to your Payment Method. You acknowledge that the amount billed biyearly and if applicable, each month, may vary from for reasons that may include differing amounts due to promotional offers, including gift card redemption and 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 biyearlyand/or when applicable, monthly, in one or more charges.
  3. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

iii.       Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and every other year thereafter unless and until you cancel your membership. We automatically bill your Payment Method by-yearly on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We will bill any other newly incurred additional fees (outside of you bi-yearly membership fee) on a monthly basis.

We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Festiflix membership or became a paying member on January 31st, your next payment date is likely to be February1 two years later, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details”link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing”shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, by-yearly refers to your billing cycle.

  1. 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 contract 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.
  2. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Festiflix 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.
  3. Cancellation. You may cancel your Festiflix membership at any time, and you will continue to have access to the Festiflix service through the end of your contract period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL BY-YEARLY MEMBERSHIP PERIODS OR UNWATCHED FESTIFLIX CONTENT. To cancel, go to the “Your 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 “Your Account” page. If you signed up for Festiflix using your account with a third party as a Payment Method, and wish to cancel your Festiflix membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Festiflix service through that third party. You may also find billing information about your Festiflix membership by visiting your account with the applicable third party.
  4. Festiflix Service
  5. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Festiflix service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
  6. The Festiflix service and any content viewed through our service are for your personal and non-commercial use only. During your Festiflix membership, we grant you a limited, non-exclusive, non-transferable, license to access the Festiflix service and view Festiflixcontent through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances or any commercial uses.
  7. You may view Festiflix content through the Festiflix 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 Festiflix content. The content that may be available to watch will vary by geographic location. Festiflix will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the change plan information in the “Your Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
  8. We continually update the Festiflix 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 Festiflix 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.
  9. Some Festiflix 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.
  10. You agree to use the Festiflix service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Festiflix service without express written permission from Festiflix and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Festiflix service; use any robot, spider, scraper or other automated means to access the Festiflix service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Festiflix service; insert any code or product or manipulate the content of the Festiflix service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Festiflix service, including any software viruses or any other computer code, files or programs.
  11. The availability of Festiflix content to watch will change from time to time, and from country to country. The quality of the display of the Festiflix 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. Festiflix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Festiflix content show will vary based on a number of factors, including your location, available bandwidth at the time, the Festiflix content you have selected and the configuration of your Festiflix ready device.
  12. Festiflix software is developed by, or for, Festiflix and is designed to enable streaming and viewing of content from Festiflix through Festiflix 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(www.Festiflix.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE FESTIFLIX 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 Festiflix service. If your Festiflix ready device is sold, lost or stolen, please deactivate the Festiflix ready device. If you fail to log out or deactivate your device, subsequent users may access the Festiflix service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Your Account” page of our website (www.Festiflix.com/YourAccount).
  13. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  14. Members may limit the maturity level of Festiflix content viewable by other household members (e.g. available for their children soon) with our Parental Control feature which is also accessible from the “Your Account” page on the Festiflix website. [Or You are responsible for limiting the maturity level of Festiflix content viewable by other household members].
  15. Passwords & Account Access
  16. The member who created the Festiflix account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Festiflix 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 Festiflix 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.
  17. In order to provide you with ease of access to your account and to help administer the Festiflix service, Festiflix implements 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 Festiflix service, which includes accessing via Festiflix ready devices or website.
  18. 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 Festiflix website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Festiflix 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. Festiflix is not obligated to credit or discount a membership for holds placed on the account by either a representative of Festiflix or by the automated processes of Festiflix.Festiflx is not obligated or liable for any third party obtaining personal information. Festiflix is not liable for how any third party illegally obtained information is used, including, but not limited to, identify theft.
  19. Disclaimers of Warranties and Limitations on Liability
  20. THE FESTIFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FESTIFLIX SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FESTIFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FESTIFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FESTIFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FESTIFLIX READY DEVICES, AND FESTIFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
  21. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FESTIFLIX, 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.
  22. 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.
  23. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  24. Gifts & Promotions. Gift cards for the Festiflix service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website. The purchase and redemption of gift cards are subject to the gift terms. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Festiflix in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
  25. Intellectual Property
  26. Copyright. The Festiflix service, including all content provided on the Festiflix service, is protected by copyright, trade secret or other intellectual property laws and treaties.
  27. Trademarks. Festiflix is a registeredtrademark of Festiflix, LLC.
  28. 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 Festiflix service, please notify us by completing the Copyright Infringement Claims at info@festiflix.com
  29. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Arizona, U.S.A. without regard to conflict of laws provisions.
  30. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Festiflix service. These Applications may import data related to your Festiflix account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Festiflix is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY FESTIFLIX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  31. Use of Information Submitted.Festiflix 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 Festiflix service, including the Festiflix 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 Festiflix service. In addition, you agree not to enforce any “moral rights”or manifested “copyrights” or manifested “trademarks” in and to the Feedback, to the extent permitted by applicable law. Please note Festiflix does not accept unsolicited materials or ideas for Festiflix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Festiflix. 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 Festiflix 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.
  32. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit Festiflix Help Center. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  33. Arbitration Agreement
  34. If you are a Festiflix member in the United States (including its possessions and territories), you and Festiflix agree that any dispute, claim or controversy arising out of or relating in any way to the Festiflix service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Festiflix are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Festiflix membership.
  35. If you elect to seek arbitration or file a small claim court action, you must first send to Festiflix, by certified mail, a written Notice of your claim (“Notice”). The Notice to Festiflix must be addressed by email to: admin@festiflix.com, If Festiflix 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 Festiflix, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Festiflix and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Festiflix may commence an arbitration proceeding or file a claim in small claims court.
  36. The arbitration will be governed by either the JAMS rules or the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by JAMS or the AAA. 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 Festiflix and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
  37. 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 JAMS or AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS or 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 paid equally by Festiflix and you. You agree that the arbitration will be conducted in Arizona, under the laws of Arizona. You agree that if, for any reason, the arbitration award is appealed to the jurisdiction of the courts, any litigation will be conducted in Arizona courts, including the Federal Courts in Arizona.
  38. YOU AND FESTIFLIX 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 Festiflix 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.
  39. DVD Plans in the United States. If you are a Festiflix member on a DVD plan, the DVD Terms and Conditions also apply to your use of the Festiflix service.
  40. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.