Terms of Use Policy

This policy may be referred to as Terms & Conditions in some places. “Terms of Use,” “Terms of Use Policy,” and “Terms and Conditions” are synonymous for the purposes of this agreement.

Last Updated: September 2021

Welcome to Fearless. Please read this Terms of Use Agreement (the “Terms of Use”) carefully, as it establishes legally binding terms and conditions that apply to your use of Fearless Services.

In this Terms of Use Agreement, “Fearless Services,” means the services provided and made available by the Fearless brand owned and operated by Pomegranate Platform Inc. and its affiliates (collectively, “Fearless,” “Pomegranate,” “Pomegranate Platform Inc.,” “we,” “our,” or “us,”) in connection with your browsing and viewing of Fearless multimedia (such as movies and television shows) (“Content”) through Fearless websites, applications, or other interfaces and platforms. The Fearless Services also include any other technologies, features, and content we may provide or use on the Fearless user interfaces.

1. Scope and Acceptance

The Terms of Use include:

• The terms and conditions in this document;
• The Fearless Privacy Policy.
• The Fearless Cookies Policy; and
• Additional terms and conditions that we may provide in association with certain Fearless Services, such as rules for participation in certain Fearless activities (“Rules”), including contests and sweepstakes (“Promotions”).

The Terms of Use apply to anyone who uses the Fearless Services (“User”, “you” or “your”), including, but not limited to, people who register for the Fearless Services, people who subscribe to the Fearless Services, and people who simply browse the Fearless Services. If you use, visit, register for, or subscribe to the Fearless Services, you understand, acknowledge, and agree that you are bound by the terms and conditions of these Terms of Use.

If you do not agree to these Terms of Use, do not use the Fearless Services.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

2. Changes to These Terms of Use

We may modify these Terms of Use, including the Privacy Policy, Cookie Policy, and Additional terms and conditions from time to time. If you have a current subscription for Fearless Services or are a registered user, modifications will take effect for you, unless stated otherwise, 30 days after posting. For all other Users, the revised Terms of Use shall be effective immediately upon posting.

We may choose to post or display on the Fearless Services, email you, or otherwise notify you about material changes to these Terms of Use; the form of notice we may use is, to the extent allowed by applicable law, at our discretion. We recommend that you check back frequently and review these Terms of Use regularly so that you are aware of the most up-to-date Terms of Use. Your continued use will be taken as acceptance of these updated Terms of Use.

3. Termination of Use of Fearless Services

You may terminate your subscription or registration for Fearless Services at any time, for any reason by clicking your username in the top right hand corner of the site, selecting “My Account”, select the “Membership Settings” tab, and clicking the option to “Cancel Subscription.” Please note if you signed up via our website you must cancel through a web browser on your computer or tablet. The option to cancel will not be available on the Fearless app on your mobile devices. If you experience any issues canceling, please email us at support@shudder.com your username and the email address you signed up with. If you have subscribed to Fearless Subscription Services, you will continue to have access to your Fearless Subscription Services until the end of your current subscription period.

We may terminate or restrict your use of or registration to the Fearless Services at any time, without compensation or notice, at our sole discretion, if you are in violation of these Terms of Use or are engaged in any illegal or unauthorized use of the Fearless Services.

We do not provide refunds or credits for any partially used membership periods or for unwatched content accessible through the Fearless Services. You acknowledge and agree that we shall have no other liability to you in respect of such termination. Even after your subscription or registration is terminated, to the extent necessary for us to enforce our legal rights, your obligations under these Terms of Use shall remain in effect.

4. How to Access Video Content
5. Have a Fearless ready device

To access and use certain Fearless Services, including video content, you will be required to use devices and other technology meeting certain system, configuration and other requirements (a “Fearless ready device”). Information on these requirements may be found in our Minimum System and Configuration Requirements by contacting us at support@Fearless.com. You should ensure that you have a Fearless ready device prior to purchasing or ordering any Fearless Services.

1. Pay a Fee

Some audio-visual Content made available on or through the Fearless Services (the “Video Content”) may be accessed and viewed by paying a fee.

Renting Individual Video Content.

We may make certain Video Content (“Transactional Video Content”) available on a transactional rental and/or streaming on-demand basis (such as pay-per-view streaming), subject to these Terms of Use. Users may be required to pay a fee in order to view particular units of Transactional Video Content subject to the terms provided at the point of purchase. For example, a fee may entitle you to a certain number of views of Transactional Video Content or the fee may entitle you to an unlimited number of views during a specified period.

The Subscription Service.

We may provide you with access to certain Video Content (“Subscription Video Content”) on a subscription basis, subject to these Terms of Use. You may have to pay a fee in order to view Subscription Video Content, subject to the terms provided when you initiate the subscription. Fearless Services of this type are referred to as “Subscription Services.”

1. Transactional Video Content License and Terms

After you pay applicable fees and subject to these Terms of Use, Fearless will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display Transactional Video Content by and through the Fearless Services for your own personal, noncommercial use. You agree that your Fearless account is for your personal, non-commercial use only. You may not initiate multiple streams of Transactional Video Content at any one time.

Your license to use Transactional Video Content is limited in its term and duration to twenty-four (24) hours. The twenty-four hours begins the first time you access and view the Transactional Video Content. You must begin displaying and viewing the Transactional Video Content within thirty (30) days of your date of purchase. Transactional Video Content License expires after thirty (30) days from date of purchase unless otherwise stated.

If you reside in or access content from the United Kingdom, when you place an order for Transactional Video Content, you expressly request that we provide you with the Transactional Video Content within the statutory fourteen (14) day cancellation period. You also acknowledge that in making such a request you have waived your right to cancel the contract for your purchase of Transactional Video Content.

We are not able to cancel the supply of, refund payment for, or otherwise replace exchange or modify a purchase of Transactional Video Content once we have accepted your order.

1. Subscription Service License and Terms

Upon successful payment of any applicable subscription fee and subject to these Terms of Use, Fearless will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display the Subscription Video Content by and through the Fearless Services for your own personal, noncommercial use for the duration specified at the time of subscription (the “Subscription Term”).

After your or our termination of Subscription Services and at the end of the Subscription Term, you will no longer be able to access or view any Subscription Video Content as part of the Subscription Services. We will provide you with notice that your Subscription Term is ending or has ended. You agree that your Fearless account is for personal, non-commercial use only and is limited to only one stream at any particular time.

Some Subscription Video Content may be accessed through:

• Streaming-on-demand on an unlimited basis (as long as the User remains a subscriber of the Subscription Service), and/or
• Download-to-rent basis, in which you can download the Subscription Content and watch it for twenty-four (24) hours from the start of the initial display and viewing of the applicable Subscription Video Content (so long as such initial display and viewing begins within thirty (30) days from the date of download, unless otherwise specified by us at the time of download). After the first twenty-four (24)-hour download-to-rent period, if you are still an active subscriber of the Subscription Service, you may download the Subscription Video Content again.

Cancellation You may cancel your subscription to Subscription Services at any time. However, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-BILLING PERIOD OR SUBSCRIPTION PERIODS OR FOR UNWATCHED CONTENT ACCESSIBLE THROUGH THE Fearless SERVICES, unless required by law. Following cancellation of your subscription, however, you will continue to have access to the Fearless Services until the end of your current billing period. To cancel, visit the Site and click on “Cancel Subscription” on the “My Account” page (or similar) and follow the instructions for cancellation.

For Users residing or accessing content in the United Kingdom, you may cancel your Subscription Service within fourteen days of purchase by emailing us at support@Fearless.com.

At any time, in our sole discretion, we may choose to provide refunds, discounts, or other consideration (“credits”) to some or all of our Users. If we choose to provide credits at a particular time, it will not obligate us to provide credits to you or others at any point in the future, regardless of the circumstances.

1. Availability of Video Content

We strive to provide a great selection of Video Content to you through the Fearless Services. We may add, remove, or disable access to certain Video Content or some or all of the Fearless Services at our sole discretion. You understand that the Video Content and Fearless Services available to you may change over time, including during your subscription or video-rental period. In addition, some Video Content may not be available in your geographic region or may not be accessible to you based on your equipment or other factors.

To the extent permitted by applicable law, we are not liable for the removal of or disabling of access to any Fearless Services, materials or functionality of the Fearless Services.

5. Pricing and Payment Terms
6. General

You agree to pay in full the prices and fees for any purchases that are made using your User Credentials via credit, debit or other payment methods that we accept at the time of purchase. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you remain responsible for uncollected amounts and agree to promptly pay all amounts due upon demand by us.

1. Pricing

The Content made available on the Fearless Services is offered at different prices as set forth on the applicable portion of the Fearless Services. We reserve the right to change any and all prices for any Content at any time or as frequently as permissible in the jurisdiction in which you reside, for any reason, by updating the prices set forth on the applicable portion of the Fearless Services. If we increase the price of the Fearless Subscription Service, we will provide you with prior written notice. If you do not wish to keep your subscription at the increased price, you may cancel your Subscription Service by clicking your username in the top right hand corner of the site, selecting “My Account,” select the “Membership Settings” tab, and clicking the option to Cancel Subscription within 30 days of the date of our notice. Please note, if you signed up via our website, you must cancel through a web browser on your computer or tablet. The option to cancel will not be available on the Fearless app on your mobile devices. If you experience any issues canceling, please email us at support@shudder.com your username and the email address you signed up with.

1. Payment Methods Accepted

We accept Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment (the “Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a payment card company is being used for a transaction, Fearless may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. For certain Payment Methods, the issuer may charge a foreign transaction fee. Refer to your Payment Method issuer for further information. All purchases of Fee-Based Video Content are final once you click the “Pay Now” or similar button and billing to your payment card occurs at such time or shortly thereafter.

1. Payment for Subscription Services

You can find the specific details regarding your subscription to Fearless Services at any time by clicking on “My Account”.

By starting Subscription Services, you authorize us to charge you the Subscription at the then-current rate, and any other charges you may incur in connection with your use of the Fearless Services, to the payment method you provide during registration of the Subscription Service (or to a different payment method if you change your account information). You permit us to store your payment information as needed to facilitate the billing.

We will bill your Subscription Fee per the billing period described when you initiate the subscription (“Billing Period”), unless and until you cancel your subscription. We automatically bill your payment method on the calendar day corresponding to the beginning of your Billing Period.

If you change your payment method, this could result in changing the calendar day upon which you are billed. If your paid subscription begins on a day not contained in a given month, and your Billing Period is every month, your Payment Method will be billed on the last day of such month. For example, if your paid Fearless Services subscription starts on March 31st, your next payment date is April 30th, and your payment method would be billed on that date.

You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment method for such varying amounts.

If you want to change or update your payment method, visit “My Account” in the Fearless Services. If your payment method expires and you do not update or change your payment method or cancel your Subscription, you authorize us to continue billing your payment method, and you remain responsible for any uncollected amounts.

1. Unwatched Video Content

To the extent permitted by law, your exclusive and sole remedy with respect to Video Content for which you have paid but that you are not able to use for whatever reason will be (a) the retransmission of such Video Content, or (b) if such Video Content is unavailable, provision of replacement Video Content, of an equal or lesser value in each instance; provided, however, that, if retransmission or replacement of Video Content is not possible within a reasonable time, you may request a refund of any fee paid specifically in respect of such Video Content. However, you acknowledge that no retransmission, replacement or refund will be provided if your inability to view the Video Content is as a result of your failure to comply with the Minimum System and Configuration Requirements and/or the other requirements, or terms and conditions described in these Terms of Use.

1. Taxes

You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Fearless Services. Fee-based transactions on the Fearless Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. Users are not eligible for tax exemptions for transactions made on the Fearless Services.

1. Additional Terms for iTunes Subscribers

If you subscribe to the Fearless Services via iTunes, the following terms shall also apply.

• Payment will be charged to your iTunes Account at confirmation of purchase.
• Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
• Your account will be charged for renewal within 24-hours prior to the end of the current period, and will identify the cost of the renewal.
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.

1. Unpaid Amounts

We reserve the right to pursue any amounts you fail to pay in connection with the your purchase of Fearless Services. You will, to the extent allowed by law, remain liable to Fearless for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

6. Free Trials

On occasion, we may offer free trial subscriptions to qualified users. If we offer you a free trial, the specific terms of your free trial will be presented to you before or during sign-up. Restrictions and limitations on eligibility may apply.

If the free trial converts to a paid subscription subject to the terms presented to you prior to or during sign up, you authorize us to begin billing your payment method for the subscriber fee at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the Fearless Services and click the “Membership Terms and Details” link (or similar) on the “My Account” page or contact us at support@Fearless.com. We may pre-authorize your payment method, and you authorize us to do so. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the payment method if you cancel prior to the end of your free trial period. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY ACCOUNT” LINK FOR CANCELLATION INSTRUCTIONS.

7. Advertisements and Third Party Links

The Fearless Services may include or display URLs, hyperlinks, or other similar technologies that, if used, will redirect you to websites, mobile apps, or other services offered by third parties that we do not control. We do not necessarily verify or endorse, or recommend that you access, these platforms and we do not provide any guarantees to their web content, services, or products. The platforms may be permitted to use our logos, other trademarks, or other information that identifies us, but this doesn’t mean that we endorse the platforms. Unless we expressly state otherwise, we are not responsible for the activities or data practices on third party platforms (including privacy practices and policies) or any goods and services available in connection with the third party platforms. By making third-party services available to you, we do not, to the extent permitted by applicable law, assume any obligations, responsibility or liability for the practices of such third parties.

So, we encourage you to read the terms and conditions and privacy policy of each third party platform that you visit.

8. User Registration

You may need to become a registered User of Fearless Services in order to access and use certain content, features, and functionality on the Fearless Services. If you choose to become a registered User, you must create a unique username and password combination (“User Credentials”), and provide certain additional information.

You are responsible for protecting and maintaining the confidentiality of your User Credentials. You may be responsible and liable for access to or use of the Fearless Services—including uses that may incur fees—by any person or entity using your User Credentials, whether or not you have authorized such access or use. We are not responsible or liable for any loss or damage arising from your failure to maintain the confidentiality of your User Credentials. You must immediately notify us if and when you become aware of, or reasonably suspect, any unauthorized use of your User Credentials or any other breach of security by emailing us at support@Fearless.com. To help protect you and the Fearless Services, if we have a reasonable belief that a person or entity is engaging in unauthorized use of your User Credentials, we may deny access, use and registration privileges to that person or entity.

9. Your Use of the Fearless Services

We want to keep the Fearless Services safe and fun for everyone. We do not permit unlawful or harmful use of the Fearless Services. Accordingly, you represent, warrant and agree that:

• You are 18 years of age or older, or the age of majority in your province, territory, or country, if you are registering as a User on the Fearless Services. If you are under the age of 18, or applicable age of majority, you may use the Fearless Services only with the consent of a parent or legal guardian, under the account of such parent or legal guardian and subject to these Terms of Use.
• In cases where you have authorized a minor to use the Site, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of the Site; and the consequences of any use or misuse by the minor.
• You are responsible for ensuring that all persons who access Content using your User Credentials are aware of these Terms of Use and that they comply with them;
• You must not violate any applicable law, rule, or regulation when using the Fearless Services, and you must comply with these Terms of Use. You agree that you will not engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty, or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other person or entity.
• You will make timely and satisfactory payment for any Content purchased by you on or in connection with the Fearless Service. You agree that all of the payment information that you provide is truthful and accurate. If we suspect that the payment information that you have provided is untrue, inaccurate, not current, or incomplete, we may, to the extent permitted by law, suspend or terminate your current and future access to Fearless Services without liability or obligation to you or any third party.
• Some Content on the Fearless Services may be protected by technologies (commonly known as Digital Rights Management technology) or rules. These technologies may limit or restrict access and use of the Content. You understand that these technologies are in place to protect the intellectual property rights of the Content producers, Fearless, and our business partners and licensors. Accordingly, you agree that you will respect and will not attempt to violate any technologies or rules that protect Content, and that you will not and will not assist or encourage anyone to modify, reverse engineer, decompile, or disassemble software used to provide the Fearless Services, or create any derivative works from or of such software.
• You will not intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on Fearless, the Fearless Services, our goodwill, name, or reputation. You also agree not to discourage any person or entity from using the Fearless Services or doing business with us.
• You will not use the Fearless Services for commercial or business reasons, including pyramid schemes or exploiting information or material obtained in connection with the Fearless Services. This includes linking with another website or mobile application and all forms of compensation.
• You will not solicit usernames, passwords, or other personal information of Fearless Services Users for your personal gain or for unlawful purposes. This includes the collection and use of information for spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.
• You will not cause the Fearless Services to be affected with malware, including software viruses, spyware, Trojan horses or other computer code, files or programs designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Similarly, you agree that you will not otherwise affect the normal operations of the Fearless Services by, for example, causing the modification, disruption, impairment, or interference with the use, features, function, operation or maintenance of the Fearless Services or the rights or use of the Fearless Services by others.
• You will not impersonate any person or entity while using the Fearless Services: You agree that you will not impersonate or falsely state or represent your affiliation with a person or entity, or provide us or other Fearless Services Users with false or misleading indications of origin.
• You will post or transmit only appropriate content on the Fearless Services and content that you have a legal right to post or transmit : Some features of the Fearless Services may allow you to submit, post, email, display, transmit, or otherwise make available content or materials (“User Postings”). We strive to keep the Fearless Services a safe and fun environment for Users. You will not post or transmit content or materials that we, in our sole discretion, believe to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• You will not post or transmit content or materials that you do not have a right to make available under any law, rule or regulation or contractual or fiduciary relationships, or otherwise creates a security or privacy risk for any other person or entity. For example, you may not post or transmit proprietary or confidential information subject to a non-disclosure agreement or employer confidentiality agreement on or through the Fearless Services.
• If you have a reasonable belief that a post or transmittal by another User violates these Terms of Use, please contact us at support@Fearless.com. We reserve the right, but have no obligation to, remove User-submitted content that we, in our sole discretion, believe may violate these Terms of Use.
• You understand that by using the Fearless Services, you may encounter Content that you might find offensive, indecent, or objectionable, and that this Content may or may not be flagged as potentially objectionable. Any Content types, ratings, and descriptions are only provided for convenience, and we do not guarantee their accuracy or availability. You understand that you are using the Fearless Services at your sole risk and that we have no liability to you in connection with any Content you find to be offensive, indecent, or otherwise objectionable.
• If you encounter User-created content that you have a reasonable belief to be objectionable and in violation of these Terms of Use, please contact us at support@Fearless.com.

We reserve the right to investigate and take appropriate legal action against anyone who, as determined in our sole discretion, violates, or is suspected of violating, these Terms of Use, including, without limitation, reporting you to law enforcement authorities.

10. Our Intellectual Property Rights

We own or license all right, title and interest in and to the Fearless Services. All content contained in or made available through the Fearless Services is protected by copyright, trade secret, and other applicable intellectual property laws, rules, regulations and treaties. The content includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Fearless Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Fearless Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Fearless Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Fearless Services” includes such content.

You may use the Fearless Services only for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Fearless Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Fearless Services. Except as expressly authorized by Fearless, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, communicate to the public, make available, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of Fearless or its owner if Fearless is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Fearless Services contain elements that infringe your intellectual property rights, please follow the procedures set forth in Section 11 below.

11. Copyright and Intellectual Property Claims

If you believe that content available through the Fearless Services infringes upon your copyright or other intellectual property rights, you may submit a notification by providing our Copyright Agent (set forth below) with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the work claimed to have been infringed, or, if multiple works on the Fearless Services are covered by a single notification, a representative list of such works on the Fearless Services;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• For each work, identification of the infringement that is claimed, which country or countries the work is being infringed, as well as the date and time of the infringement;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Copyright Agent:

If access to your content has been disabled or your content was removed and you believe such content is not infringing, you may send a counter-notice containing the following information to our Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
• Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, Fearless may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Fearless’s sole discretion.

12. Customer Support

For assistance with billing questions, technical issues, order inquiries, or other issues related to the Fearless Services, please reach out to our customer service support by support@Fearless.com.

13. Community Guidelines for Social-Based Features

Some features of the Fearless Services may involve social-media-like elements such as, but not limited to, the ability to read comments and the ability to post comments as original thoughts and/or a response to another user. Comments and/or social features are subject to removal and potential ban of the user if the following guidelines are not adhered to:

• a. Comments must be respectful, thoughtful, complete and contain organized viewpoints.
• b. Comments cannot contain damaging slurs or excessive use of profanity.
• c. Comments cannot promote hate, discrimination or violence.
• d. Comments cannot mention other streaming services or other titles other than the one being commented on unless in a purely comparative way, at Fearless’ sole discretion.
• e. Comments cannot be used as a way to bully, harm, belittle, insult or demean other users.
• f. Comments cannot be used to harm Fearless. Comments cannot be used to harm the Titles or the people involved in creating them.
• g. Comments cannot be used to advertise, promote or sell any third-party product or service.
• h. Comments may be deleted at any time at the sole discretion of Fearless. Deleted comments cannot be restored.

14. Personal Information

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Fearless Services, you may be asked to provide certain information about yourself to us. Our information collection and use policies with respect to the privacy of your information are set forth in our Privacy Policy, incorporated herein.encourage you to read the Privacy Policy, and to use it to help make informed decisions.

15. Assignment

These Terms of Use are personal to you, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without our consent. We may assign or transfer our rights, licenses, and privileges without restriction and without notice to you, provided such assignment or transfer does not affect your rights under these Terms of Use and complies with applicable laws.

16. Indemnity

You agree to defend, indemnify and hold Fearless, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Fearless Services, (b) your breach or violation these Terms of Use or (c) your User Postings. Fearless reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fearless’s defense of such Claim.

17. DISCLAIMER AND LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE Fearless SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE Fearless SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Fearless Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Fearless Services, including, without limitation, User Postings and Content associated with your use of the Fearless Services.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Fearless, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE Fearless SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

You further understand and acknowledge the capacity of the Fearless Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Fearless assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings.

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.

We do not attempt to exclude or limit in any way our liability to you where it would be unlawful for us to do so. In the UK, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentations or for defective products under the Consumer Protection Act 1987.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

18. Electronic Signature and Contracts

When you use the Fearless Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Fearless Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Service Services, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Fearless Services.

You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices. To receive such copies, contact us at support@shudder.com. update your contact information, visit the “My Account” section of the Fearless Services.

You confirm that you have the ability to access and retain e-mails.

19. Miscellaneous

These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Fearless concerning the Fearless Services and supersedes any and all prior or inconsistent understandings relating to the Fearless Services and your use thereof. To the extent that there is a conflict between these Terms of Use and the Additional Terms or Rules for the activity in which you choose to participate, the Additional Terms and/or Rules shall govern.

These Terms of Use cannot be changed or terminated orally.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use.

No action arising out of these Terms of Use or your use of the Fearless Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), unless otherwise provided by law. These Terms of Use and your use of the Fearless Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, U.S.A., regardless of the State’s conflict of laws provisions.

You specifically agree and submit to the non-exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION AND OTHER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.

These Terms of Use were last modified on the date indicated above and are effective immediately.

Copyright © 2020 Pomegranate Platform Inc.  Fearless is a product of Pomegranate Platform Inc.