Terms of USe

As of March 4, 2024

TERMS OF USE AGREEMENT

This document (“Agreement”) is a legally binding contract between you and Filmclusive governing your use of Filmclusive’s social entertainment streaming service, including our software and streaming applications, our social discovery and sharing tools, and our collection of content, accessed via the Filmclusive site, via Filmclusive applications on connected devices, or via third-party sites such as Facebook (collectively, the “Service”).

Children’s Online Privacy Protection Agreement

  1. Age Restriction: Our services are not designed for children under 13 years of age. If we discover that a child under 13 has provided us with personal information without parental consent, we will delete such information from our systems.
  2. Parental Consent: For users under 13 years of age, we require verifiable parental consent before collecting, using, or disclosing personal information from children. This consent will be obtained in a manner compliant with the COPPA Rule.
  3. Information Collection and Use: We will clearly inform parents and legal guardians about the types of personal information collected from their children, how it is used, and whether it is disclosed to third parties. The information will be used solely for providing and improving our services.
  4. Access and Control: Parents have the right to review the personal information collected from their child, request deletion, and refuse further collection or use of the information. Contact details for these requests will be provided.
  5. Data Security and Retention: We are committed to protecting the security of personal information collected from children and will take reasonable measures to do so. Personal information will be retained only as long as necessary to fulfill the purposes for which it was collected.
  6. Changes to the Policy: Any changes to our COPPA policy will be communicated to parents, requiring a new consent if the changes allow for additional collection or use of the child’s personal information.
  7. Contact Information: For questions or concerns about our COPPA policy, parents can contact us through the provided contact details.

ACCOUNT CREATION AND USE
a. You may be required to create an account to access certain features of the Service.
b. You agree to provide accurate and complete information when creating an account and to keep your account information updated.
c. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
d. Filmclusive reserves the right to suspend or terminate your account at any time for any reason, including but not limited to violation of this Agreement or any applicable laws.
e. You must be at least 18 years old to create an account. If you are under 18, you may use the Service only with the involvement of a parent or guardian.

PRIVACY POLICY
a. Your privacy is important to us. Please review our Privacy Policy, which describes how we collect, use, and disclose information from and about you.
b. The Privacy Policy is incorporated by reference into this Agreement, and by using the Service, you agree to the terms of the Privacy Policy.

USER CONTENT
a. You are solely responsible for any content that you upload, post, publish, or otherwise make available through the Service (“User Content”).
b. You represent and warrant that you have all necessary rights to the User Content and that the User Content does not infringe on any third-party rights.
c. You grant Filmclusive a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, publish, distribute, publicly display, and create derivative works of the User Content in connection with the Service.
d. Filmclusive has the right, but not the obligation, to monitor and edit or remove any User Content provided by users.

CONTENT RESTRICTIONS
a. You agree not to upload, post, publish, or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
b. You also agree not to upload, post, publish, or otherwise make available any content that infringes on any third-party rights, including but not limited to copyright, trademark, privacy, or publicity rights.
c. You agree not to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

COMMUNITY GUIDELINES
a. You agree to abide by our Community Guidelines, which are incorporated into this Agreement by reference.
b. Violation of the Community Guidelines may result in removal of content, suspension, or termination of your account.

THIRD-PARTY CONTENT
a. Filmclusive provides third-party content on the Service, including links to web pages, as a service to those interested in this information.
b. Filmclusive is not responsible or liable for any third-party content or links.
c. Users who access such third-party content or links do so at their own risk.
d. The inclusion of any third-party content does not imply endorsement by Filmclusive.

  1. COPYRIGHT
  1. Filmclusive respects the intellectual property rights of others and expects its users to do the same. b. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Copyright Infringement Policy.

COPYRIGHT INFRINGEMENT
a. Filmclusive follows the Digital Millennium Copyright Act and other applicable laws and may terminate accounts of repeat infringers at its sole discretion.
b. Access may also be limited or terminated for any person infringing intellectual property rights, regardless of repeat infringement.
c. Users must not host content they do not own on the platform (e.g., uploading), but may share links to content hosted by others (e.g., YouTube).
d. If you believe any content on the Service infringes upon your copyright, you may file a notification.
e. Be aware that knowingly misrepresenting infringement may result in liability for damages, including costs and attorney fees.
f. If your content has been removed due to a copyright claim, you may contact us to dispute the claim.

  1. FAIR USE
  1. You acknowledge and agree that you may be entitled to use copyrighted materials in certain circumstances under the doctrine of fair use. b. You agree that it is your responsibility to determine whether your use of copyrighted material is permissible under the fair use doctrine.
  1. TRADEMARKS
  1. Filmclusive’s name, logo, and any other service name or slogan contained in the Service are trademarks of Filmclusive or its affiliates, suppliers, or licensors, and may not be copied, imitated, or used, in whole or in part, including in metatags or hidden text, without the prior written permission of Filmclusive or the applicable trademark holder.
  1. INDEMNIFICATION
  1. You agree, at your sole expense, to defend, indemnify and hold Filmclusive, its directors, employees, and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Service, your User Content, or your violation of this Agreement.
  1. DISCLAIMER
  1. The Service, the Materials, User Content, and any other services or materials made available to you through the Service are provided on an “As-Is” and “As-Available” basis, with no representation or warranty of any kind, unless otherwise expressly set forth in writing.
  1. LIMITATION OF LIABILITY
  1. Filmclusive will not be liable to you or any third party for any special, indirect, incidental, exemplary, or consequential damages of any kind arising out of or in connection with the Service or its contents, regardless of the form of action.
  1. COPYRIGHT INFRINGEMENT
  1. Filmclusive follows the Digital Millennium Copyright Act and other applicable laws and may terminate accounts of repeat infringers at its sole discretion. b. Access may also be limited or terminated for any person infringing intellectual property rights, regardless of repeat infringement. c. Users must not host content they do not own on the platform (e.g., uploading), but may share links to content hosted by others (e.g., YouTube). d. If you believe any content on the Service infringes upon your copyright, you may file a notification. e. Be aware that knowingly misrepresenting infringement may result in liability for damages, including costs and attorney fees.
  1. APPLICABLE LAW AND VENUE
  1. This Agreement is governed by the laws of the State of California. b. Any disputes arising out of this Agreement shall be filed in state or federal courts located in California, and users consent to the exclusive jurisdiction of such courts.
  1. TERMINATION
  1. Filmclusive may, at its sole discretion, terminate your license to use the Service or Materials and block or prevent future access.
  1. SEVERABILITY
  1. If any provision of this Agreement is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
  1. ASSIGNMENT
    a. Users may not assign or transfer this Agreement without prior written consent from Filmclusive.
    b. Filmclusive may assign or transfer this Agreement without restriction.
    c. This Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
  1. CONTACT INFORMATION
  1. For questions regarding this Agreement or the Service, contact Filmclusive at support@strongasianlead.com.
  1. CHANGES TO TERMS
  1. Filmclusive may revise this Agreement, with the most current version posted on the Service. b. Users will be notified of material revisions, and continued use of the Service constitutes acceptance of revised terms.
  1. ELECTRONIC COMMUNICATIONS
    a. Agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for written communication.
    b. By using the Service, you consent to receive electronic communications from Filmclusive and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communications be in writing.
  1. LANGUAGE
  1. The English version of this Agreement is controlling, even if translated into other languages.
  1. HEADINGS
  1. Headings in this Agreement are for convenience only and have no legal or contractual effect.
  2. Hyperlinks and Third Party Content
  3. Filmclusive provides third-party content on the Service, including links to web pages, as a service to those interested in this information.
  4. Filmclusive provides these links and information as a convenience. Filmclusive makes no representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of such information, or any third-party sites or services accessible via hyperlink from the Service
  5. Filmclusive is not responsible or liable in any manner for such third-party content or links, and undertakes no responsibility to update or review such material.
  6. When you leave the Filmclusive Service, you should be aware that our terms and policies no longer govern. Users who access such third-party content or links do so at their own risk.
  7. Filmclusive may run advertisements and promotions from third parties or provide information about or links to third-party products or services.
  8. Your business dealings with such third parties, and any associated terms, conditions, warranties, or representations are solely between you and that party.
  9. Filmclusive is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or the presence of such advertisers or information within the Service.
  10. Enforcement Clause
  11. Enforcement of the rules set forth in this Agreement is solely at Filmclusive’s discretion.
  12. Our failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.
  13. These rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain content that is prohibited by these rules.
  14. Any use of the Service, including Interactive Areas, in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Service.
  15. Filmclusive reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities.
  16. Violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
  17. Disclaimer
  18. Unless otherwise expressly set forth in writing, the Service, the Materials, User Content, and any other services or material made available to you through the Service are provided on an As-Is and As-Available basis, with no representation or warranty of any kind.
  19. Filmclusive does not warrant that any such materials are free of viruses or other harmful components, and makes no representation or warranty with respect to availability, reliability, or security, except as stated expressly in this Agreement or our Privacy Policy.
  20. Filmclusive expressly disclaims any warranty of merchantability, fitness, or suitability for any purpose, whether or not Filmclusive knew or should have known of such purpose.
  21. Filmclusive does not represent that the Service or Materials are accurate, complete, reliable, current, or error-free.
  22. You acknowledge and agree that your use of the Service is at your sole risk and that you will be solely responsible for any damage to your device or loss of data that results from the download or use of any material.
  23. Applicable Law and Venue

This Agreement shall be governed and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. You agree that any dispute, controversy, or claim arising out of or relating to this Agreement will be filed only in the state or federal courts located in the state of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.

  1. ACKNOWLEDGEMENT
  1. By using the Service, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement. If you do not agree, do not use the Service.