TERMS &
CONDITIONS
These Terms govern your access to and use of FOKUS MOVIE, including our website, applications, account services, subscriptions and related features.
ACCEPTANCE OF THESE TERMS
These Terms and Conditions (“Terms”) form an agreement between you and FOKUS MOVIE (“FOKUS,” “we,” “us,” or “our”) regarding your use of the FOKUS MOVIE website, applications, account services and related features (collectively, the “Service”).
By creating an account, purchasing or activating a plan, accessing the Service, or otherwise using FOKUS, you agree to these Terms. If you do not agree, you must not use the Service.
ELIGIBILITY
You must be legally capable of entering into a binding agreement in your jurisdiction to purchase a FOKUS plan. If you are under the age of majority where you live, you may use the Service only with the involvement and permission of a parent or legal guardian.
YOUR ACCOUNT
Certain FOKUS features require an account. You agree to provide accurate and current information and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account, except to the extent caused by FOKUS or otherwise prohibited by applicable law.
You must notify us through our Support page if you believe your account has been accessed without authorization.
THE FOKUS SERVICE
FOKUS provides software and account functionality that may include media-player features, content discovery and metadata interfaces, account management, device management, lists, viewing progress, subscription features and other functionality made available from time to time.
Features may vary by platform, device, account status, geographic location, software version or plan.
The ability of the Service to recognize, display or play media does not itself grant you any ownership rights or license to third-party content.
USER-CONFIGURED & EXTERNAL SOURCES
Certain FOKUS features may allow you to configure or access external URLs, playlists, manifests, repositories or other third-party sources.
You may only add, configure or use a source when you have the legal right and authorization to access and use the material provided through that source.
Except for material expressly identified as being provided directly by FOKUS, third-party media obtained through user-configured or external sources is not controlled by FOKUS. FOKUS does not grant licenses to third-party media merely because that media can be accessed using the Service.
You are solely responsible for ensuring that your use of external sources complies with applicable laws, intellectual-property rights and the terms imposed by the provider of that source.
We may restrict technical access to sources that present security, abuse or legal risks to the Service or its users.
PLANS & SUBSCRIPTIONS
FOKUS may offer different paid plans with different device limits, features, prices or access periods.
The specific price, billing period, device allowance and other material conditions applicable to your purchase will be presented to you before you complete payment.
Plan offerings and pricing may change for future purchases or renewal periods. Any change affecting an existing subscription will be handled in accordance with applicable law and the terms presented to you.
AUTOMATIC RENEWAL & CANCELLATION
If your checkout states that your subscription automatically renews, your payment method will be charged at the beginning of each new billing period unless automatic renewal is turned off before the applicable renewal charge is processed.
FOKUS plans using automatic renewal may renew every 30 days unless a different billing period is clearly shown to you at checkout.
You can manage automatic renewal from the Billing & Renewal section of your FOKUS account when that option is available for your subscription.
Turning off automatic renewal stops future renewal charges. Unless otherwise required by law or expressly stated for your plan, turning off renewal does not immediately terminate access already paid for. Your access may continue until the end of the current paid access period.
Plans identified as permanent, complimentary, administrator-issued or otherwise non-recurring are not subject to recurring billing unless expressly stated.
PAYMENTS & REFUNDS
Payments may be processed by third-party payment processors, including Stripe or another provider presented during checkout.
You authorize the applicable payment processor to charge the payment method you provide for purchases and authorized recurring renewals.
Refund eligibility will be determined in accordance with applicable law and any refund or purchase conditions presented at checkout. Nothing in these Terms limits any consumer right that cannot lawfully be waived.
If you believe a charge was made incorrectly, contact FOKUS Support so the transaction can be reviewed.
AUTHORIZED DEVICES
Your plan may limit the number of devices that can be authorized at the same time.
Device limits shown for your plan form part of your account entitlement. Attempts to bypass, manipulate or circumvent applicable device limits are prohibited.
Authorized devices may be reviewed or removed from the device-management section of your account when available.
ACCEPTABLE USE
You may not use FOKUS to:
- Violate applicable law or the rights of another person.
- Access content you are not legally authorized to access.
- Infringe copyrights, trademarks or other intellectual-property rights.
- Distribute malware, malicious code or harmful material.
- Attempt unauthorized access to FOKUS systems, accounts or infrastructure.
- Bypass security, subscription or device-limit controls.
- Resell, sublicense or commercially redistribute access to FOKUS without written authorization.
- Interfere with the normal operation or security of the Service.
- Use automated systems to abuse, scrape or overload the Service.
FOKUS INTELLECTUAL PROPERTY
The FOKUS MOVIE name, logos, software, interface design, graphics and original materials provided by FOKUS are protected by applicable intellectual-property laws.
Subject to these Terms, FOKUS grants you a limited, personal, non-exclusive, non-transferable and revocable right to use the Service for its intended purpose.
These Terms do not transfer ownership of FOKUS software, trademarks or other intellectual property to you.
THIRD-PARTY SERVICES
FOKUS may interact with third-party services, websites, APIs, payment processors, metadata services, device platforms or external media sources.
Third-party services operate under their own terms, policies and availability. FOKUS is not responsible for changes, interruptions or actions caused solely by an independent third-party service.
SERVICE AVAILABILITY & CHANGES
We work to keep FOKUS available and functional, but we do not guarantee uninterrupted or error-free operation.
Maintenance, software updates, network conditions, third-party failures, security incidents or circumstances outside our reasonable control may temporarily affect the Service.
We may update, replace, add or discontinue features when reasonably necessary for security, compatibility, functionality, legal compliance or development of the Service.
SUSPENSION OR TERMINATION
We may restrict or suspend access where reasonably necessary to protect users or the Service, investigate suspected fraud or unauthorized access, enforce these Terms, respond to legal requirements, or address material misuse of FOKUS.
Where appropriate and legally required, we may provide notice or an opportunity to resolve the issue.
You may stop using FOKUS at any time and may request account deletion through the Delete Account page.
DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FOKUS DOES NOT GUARANTEE THAT EVERY THIRD-PARTY SOURCE, EXTERNAL SERVICE, MEDIA ITEM, DEVICE OR NETWORK WILL BE COMPATIBLE WITH OR AVAILABLE THROUGH THE SERVICE AT ALL TIMES.
NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, FOKUS will not be liable for indirect, incidental, special, consequential or punitive damages resulting solely from your use of or inability to use the Service.
These limitations do not apply where liability cannot lawfully be limited or excluded.
PRIVACY & ACCOUNT DELETION
Our collection and use of personal information is described in our Privacy Policy.
CHANGES TO THESE TERMS
We may update these Terms when reasonably necessary to reflect changes to the Service, our business practices, technology, security requirements or applicable law.
When changes are material, we will provide notice where required by applicable law. The “Last Updated” date at the top of this page identifies the latest version.
GOVERNING LAW
To the extent permitted by applicable law, these Terms are governed by the laws of the State of Florida and applicable federal law of the United States, without regard to conflict-of-law principles.
Nothing in this section deprives you of mandatory consumer protections that apply in your place of residence.
QUESTIONS?
If you have questions about these Terms, your subscription, billing, account access or the FOKUS Service, contact us through FOKUS Support.
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