Terms of Use

Overview

Welcome to Speedflix! We are a content service that provides our viewers with access to motion pictures, television and other audio-visual entertainment ("Speedflix content") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("Speedflix ready devices").

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Speedflix service," "our service" or "the service" means the service provided by Speedflix for discovering and watching Speedflix 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 Speedflix (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 Speedflix ready devices, you may need to visit https://www.speedflix.com/terms to review these hyperlinked terms.

1. Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy, govern your use of the Speedflix service. By using, visiting, or browsing the Speedflix service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Speedflix service.

The Speedflix service is provided by Yolomob LLC, or one of its affiliated companies.

2. Changes to Terms of Use

Speedflix may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately; provided however, for existing viewers, such revisions shall, unless otherwise stated, be effective 30 days after posting.

3. 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.

4. Communication Preferences

By using the Speedflix service, you consent to receiving electronic communications from Speedflix relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Speedflix 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 Speedflix. 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 Speedflix 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 to manage your Speedflix communications. Please review our Privacy for further detail on our marketing communications.

5. Speedflix Service

  1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Speedflix 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.

  2. The Speedflix service and any content viewed through our service are for your personal and non-commercial use only. During your Speedflix membership, we grant you a limited, non-exclusive, non-transferable, license to access the Speedflix service and view Speedflix content 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.

  3. You may view Speedflix content through the Speedflix 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 Speedflix content. The content that may be available to watch will vary by geographic location. Speedflix will use technologies to verify your geographic location.

  4. We continually update the Speedflix service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, promotional features, availability of Speedflix 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.

  5. Some Speedflix 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.

  6. You agree to use the Speedflix 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 Speedflix service without express written permission from Speedflix and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Speedflix service; use any robot, spider, scraper or other automated means to access the Speedflix service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Speedflix service; insert any code or product or manipulate the content of the Speedflix 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 Speedflix service, including any software viruses or any other computer code, files or programs.

  7. The availability of Speedflix content to watch will change from time to time, and from country to country. The quality of the display of the Speedflix 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. Speedflix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Speedflix content show will vary based on a number of factors, including your location, available bandwidth at the time, the Speedflix content you have selected and the configuration of your Speedflix ready device.

  8. Speedflix software is developed by, or for, Speedflix and is designed to enable streaming and viewing of content from Speedflix through Speedflix 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 RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SPEEDFLIX 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 Speedflix service. If your Speedflix ready device is sold, lost or stolen, please deactivate the Speedflix ready device. If you fail to log out or deactivate your device, subsequent users may access the Speedflix service through your account and may be able to access certain of your account information.

  9. 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.

6. Passwords & Account Access

  1. The member who created the Speedflix account is referred to here as the Account Owner. The Account Owner has access and control over the Speedflix 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 Speedflix Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the email 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.

  2. In order to provide you with ease of access to your account and to help administer the Speedflix service, Speedflix 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 Speedflix service, which includes accessing via Speedflix ready devices or website.

  3. 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 Speedflix website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Speedflix 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.

7. Disclaimers of Warranties and Limitations on Liability

  1. THE SPEEDFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SPEEDFLIX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SPEEDFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SPEEDFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SPEEDFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SPEEDFLIX READY DEVICES, AND SPEEDFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

  2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SPEEDFLIX, 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.

  3. 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.

  4. 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.

8. Intellectual Property

  1. The Speedflix service, including all content provided on the Speedflix service, is protected by copyright, trade secret or other intellectual property laws and treaties.

  2. 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 Speedflix service, please notify us through our contact form.

9. Governing Law

Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

10. Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Speedflix service. These Applications may import data related to your Speedflix account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Speedflix is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY SPEEDFLIX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

11. Use of Information Submitted

Speedflix 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 Speedflix service, including the Speedflix 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 Speedflix 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 Speedflix does not accept unsolicited materials or ideas for Speedflix content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Speedflix. 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 Speedflix 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.

12. Customer Support

To find more information about our service and its features, or if you need assistance with your account, please visit the Speedflix 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.

13. Arbitration Agreement

  1. If you are a Speedflix member in the United States (including its possessions and territories), you and Speedflix agree that any dispute, claim or controversy arising out of or relating in any way to the Speedflix 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 Speedflix 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 Speedflix membership.

  2. If you elect to seek arbitration or file a small claim court action, you must first send to Speedflix, by certified mail, a written Notice of your claim ("Notice"). The Notice to Speedflix must be addressed to: General Counsel, Yolomob LLC, 8920 Business Park Dr., Suite 250, Austin, TX 78759 ("Notice Address"). If Speedflix 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 Speedflix, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Speedflix and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Speedflix may commence an arbitration proceeding or file a claim in small claims court.

  3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. You will be responsible for filing fees.

  4. 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 Speedflix and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

  5. YOU AND SPEEDFLIX 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 Speedflix 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.

14. 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.