Effective Date: June 16, 2023
These Terms of Sale (“Terms of Sale”) apply to all consumer subscriptions and purchases from Great American PF, LLC (fka Affirm Entertainment, LLC) d/b/a Pure Flix for the Pure Flix service (“Pure Flix”) in the United States and Canada. These Terms of Sale shall constitute Additional Terms under the Terms of Use. Except where prohibited by the laws of your jurisdiction (which may include Quebec), Pure Flix reserves the right to make any changes to the subscription service without notice.
1. PURE FLIX SERVICE
A. You must be 18 years of age, or the age of majority in your state, province, or territory to subscribe to the Pure Flix video streaming service (the “Service”).
B. You may view Content through the Service primarily within the country in which you have established your account and only in geographic locations where we offer the Service and have licensed such Content. The Content that may be available to watch will vary by geographic location. Pure Flix will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch the Service may change from time to time at our discretion.
C. We reserve the right in our sole and absolute discretion to make changes from time to time in how we offer and operate the Service.
D. The availability of Content to watch will change from time to time. The quality of the display of the streaming Content may vary from computer to computer, and 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 availability is subject to your Internet service and device capabilities. Not all Content is available in all formats, such as HD and Full HD. The minimum connection speed for SD quality is 0.5 Mbps. The minimum connection speed for HD (defined as a resolution of 720p) is 3.0 Mbps. The minimum connection speed for Full HD (defined as a resolution of 1080p) is 5.0 Mbps; however, we recommend a faster connection for improved video quality for each type. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Pure Flix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your device.
E. The Service streaming software is developed by, or for, the Service and is designed to enable streaming of content from Pure Flix through applicable devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERVICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE THE SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH THE SERVICE. By using the 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 Service. If your device is sold, please log out and delete the Pure Flix application prior selling. If your device is lost or stolen, please immediately change your password via logging into your account via a web browser. If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain of your account information.
F. Unavailability. The Service may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond the control of us or third parties.
G. We may terminate or restrict your use of the Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of the Terms of Use or this Terms of Sale or (ii) engaged in illegal or improper use of the Service.
2. LIFETIME MEMBERS, SUBSCRIPTION, BILLING AND CANCELLATION
A. Subscription
(i) Lifetime Membership. As of the date of these Terms of Sale, Pure Flix no longer offers lifetime memberships. However, Pure Flix will honor all lifetime memberships purchased prior to the date of these Terms of Sale which were as follows: Lifetime constitutes the lifetime of the donor or 100 years or until the date Pure Flix ceases to commercially offer the Service, whichever comes first. A lifetime membership may not be bequeathed, gifted, or other such means of transfer. Pure Flix makes no warranties as to the expected lifetime of the Service. Pure Flix may terminate the lifetime membership, and any other subscription, at any time for violating the Terms of Use or these Terms of Sale.
(ii) Varying Subscriptions. From time to time, Pure Flix may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Sale will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription to the Service by visiting our website and clicking on the "Account" link. We reserve the right to modify, terminate or otherwise amend our offered subscription plans in the future. Your subscription to the Service will continue month-to-month or annually (if you chose an annual subscription) unless and until you cancel your subscription, 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 Choice") to use the Service. We will bill the monthly, annual or other subscription fee as agreed during the sign-up process to your Payment Choice. You must cancel your membership before it renews each month (or year in the case of an annual subscription) in order to avoid billing of the next month's (or year’s) subscription fees to your Payment Choice. You can cancel your subscription by visiting our website and clicking on the “Account” link and follow the instructions for cancellation.
B. Billing
(i) Recurring Billing. By beginning your subscription to the Service, you authorize us to charge you a recurring monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, to your Payment Choice. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to changing or adding a plan, and you authorize us to charge your Payment Choice for such varying amounts, which may be billed monthly or annually in one or more charges. If your location requires tax to be collected, we will collect and submit accordingly.
(ii) 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 Sale, any price changes to your service will take effect following email notice to you.
(iii) Free Trials. At Pure Flix’s sole discretion, Pure Flix may offer a free trial period to first-time customers, limit 1 per household and/or payment method provided. Terms of free trial offers, including duration of free trial, may vary. Your trial period begins the day you sign up for a Pure Flix subscription. Upon completion of the free trial period, your subscription to the Service will automatically renew. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD.
(iv) Billing Cycle. The subscription fee for the Service will be billed at the beginning of your subscription and each month, or year in the case of annual subscriptions (or other time period as may be offered), and thereafter unless and until you cancel your subscription. We automatically bill your Payment Choice each month or year on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, including if your Payment Choice has not successfully settled or in the event your paying subscription began on a day not contained in a given month. For example, if you became a paying subscription on March 31st, in the case of a monthly subscription, your next payment date is likely to be April 30th and your Payment Choice would be billed on that date. Your renewal date may change due to changes in your subscription. Visit our website and click on the "View billing details" link on the "Account" page to see the commencement date for your next renewal period. We may authorize your Payment Choice in anticipation of subscription or Service-related charges. Unless otherwise stated differently, month or monthly (or year, annual, or annually) refers to your billing cycle.
(v) 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 subscribers ("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 other subscribers credits in the future, under any circumstance.
(vi) Payment Choices. You may edit your Payment Choice information by visiting our website and clicking on the "Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Choice information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Choice, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Choices, the issuer of your Payment Choice may charge you a foreign transaction fee or other charges. Check with your Payment Choice service provider for details.
(vii) Cancellation. You may cancel your subscription to the Service at any time, and you will continue to have access to the Service through the end of your monthly or annual billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to the "Account" page on our website and follow the instructions for cancellation.
3. GIFT CARDS
A. Gift Cards (including electronic gift codes and gift emails) are one-time use cards and are only redeemable for the Service in countries where the service is offered in the currency denominated on the Gift Card. To redeem a Gift Card, go to PureFlix.com/redeem and enter the card’s PIN. You must create or have an existing and valid registration with PureFlix.com that matches the email address entered at purchase of the Gift Card in order to redeem the Gift Card. Registration is subject to acceptance of our Terms of Use and Privacy Policy. You must be 18 years of age or older to become a registered user of the Service. Gift Cards are assigned a fixed monetary value (e.g., $30). The entire value of the Gift Card will be applied to the recipient's PureFlix.com account upon redemption. The monthly membership fee is dependent on your chosen plan and you may apply the value of the Gift Card to any plan. The duration of the Gift Card subscription will be prorated based on the value of the Gift Card and the plan you choose.
B. Gift Cards are not refundable (whether for cash or otherwise), except to the extent required by applicable law in the jurisdiction of your residence. Use of the Gift Card constitutes acceptance of these terms and conditions. Gift Cards cannot be used to purchase other Gift Cards, and cannot be reloaded, or resold. For combinations with other offers, restrictions may apply. Gift Cards do not expire and are not subject to any transaction fees. Pure Flix makes no warranties as to the expected lifetime of the Service.
C. Gift Cards may not be used in connection with any marketing, advertising or other promotional activities without Pure Flix’s prior written approval. Use of Pure Flix’s or PureFlix.com’s name, logo, trade dress, or trademarks in connection with the purchase or use of the Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, firm, corporation, website, business, product, or service is endorsed, sponsored by, or otherwise affiliated with, Pure Flix or PureFlix.com is prohibited without Pure Flix’s prior written approval.
D. Upon purchase, title to the purchased Gift Cards, along with the risk of loss, destruction, or deterioration, transfers to the purchaser or any valid transferee who holds the applicable Gift Cards. As such, Pure Flix is not responsible for any Gift Cards that are lost, stolen, destroyed, or used without your permission. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THE GIFT CARD.
E. Pure Flix may modify any of the terms and conditions governing use of the Gift Cards at any time, with or without notice, even though these changes may affect your ability to use the Gift Card, subject to our compliance with applicable laws. The most current version of these Terms will be available on this site and will supersede all previous versions of these Terms.
F. Pure Flix may also issue Promotional Gift Cards, other cards, and gift codes (“Promotional Cards”). Promotional Cards are not subject to these Terms, may be issued or distributed by Pure Flix’s partners, and may be subject to an expiration date and other conditions, as specified on the Promotional Cards or in related promotional materials.
4. PASSWORDS & ACCOUNT ACCESS
A. The user who created the Service account and whose Payment Choice is charged is referred to here as the Account Owner. The Account Owner has access and control over the Service 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 Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Choice details (e.g., last four digits of their credit or debit card) 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.
B. In order to provide you with ease of access to your account and to help administer the Service, Pure Flix 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 Service, which includes accessing via Service-ready devices or website.
C. BY SHARING THE SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THESE TERMS OF SALE AND THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
D. 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 PureFlix.com website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Pure Flix reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Pure Flix is not obligated to credit or discount a subscription for holds placed on the account by either a representative of Pure Flix or by the automated processes of Pure Flix.
5. CUSTOMER SUPPORT
If you need assistance with your account, click on the "Help" link in the bottom center of our website home page at any time. There you will find answers to common frequently asked questions and information on reaching a live Customer Service representative. To find more information about our service and its features, please visit Help. 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 Sale or the Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Sale and the Terms of Use will control.
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