TERMS OF SERVICE AGREEMENT

1. ACCEPTANCE OF TERMS

By accessing or using the FilmTrade service (“Service“), you agree to be bound by these Terms of Service (“Terms“) and these Terms accordingly create a contract between you and FilmTrade (“Agreement”).

We may update this Agreement from time to time as provided for in Section 12.

2. DESCRIPTION OF SERVICE

FilmTrade LLC (“FilmTrade,” “we,” “us,” or “our”) operates a Transactional Video On-Demand (“TVOD”) platform that enables users to view, buy, and rent audiovisual content (“Content”) directly from filmmakers and other rights holders (“Providers”).

Providers may choose to enable users to obtain Content access rights via either, or both, of two methods:

A direct, digital-only transaction on the FilmTrade website (“Digital Transaction”)
Obtaining a connected physical product (“Connected Merch”) such as a “Tap to Watch” card

3. USER ACCOUNTS AND ELIGIBILITY

3.1 Account Registration

To use certain features of the Service, you must create a user account (“Account”). You agree to provide accurate, current, and complete information and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3.3 Age Requirements

You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an Account or otherwise use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

3.4 Permission of Parent or Guardian

By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

4. CONTENT AND LICENSING

4.1 Content You Access

Access rights are linked to either your Account (if obtained via a Digital Transaction), or to Connected Merch, and may be revoked if Terms are violated. When you utilize a right to access Content through the Service, you receive a limited, non-exclusive, non-transferable license to view the Content subject to the following restrictions:

May not be used for other than personal, non-commercial viewing. Without limiting the foregoing, you may not: (a) transmit or distribute any video through any means (b) publicly exhibit any video; (c) allow others to log into your FilmTrade account for the purpose of watching a video. All rights not granted are expressly reserved by FilmTrade and each Provider.
No right to download or store Content locally unless explicitly permitted by the Provider

Unless otherwise indicated, Connected Merch may be transferred from one person to another: it may be loaned, gifted, or resold, and its access rights travel with the Connected Merch item.

4.2 Digital Transactions

You may purchase videos on a title-by-title basis, either on a “rent” or “buy” basis, for a one-time fee (displayed at the point of purchase), plus any taxes.
If you “rent” a video, you will have the right to stream it an unlimited number of times during your rental period (displayed at the time of purchase).
If you “buy” a video, you will have the right to stream it an unlimited number of times for as long as it is available on FilmTrade. If the Provider permits download, you may download the video file and retain a single copy for your personal use.

4.3 Consumable “Tap to Watch” Cards

Similar to the “rent” digital transaction, once you initiate playback of the video, you will have the right to stream it an unlimited number of times during the period of the play window (displayed on the page’s confirmation dialog box, prior to starting playback). The standard play window is 72 hours in length, but this may vary. Access expires at the end of the play window.
Simply tapping the card does not initiate playback; it presents the film’s page with a button to initiate playback, and then a subsequent dialog that the user must confirm their intent, before any playback starts.

4.4 Content Availability

FilmTrade does not guarantee that any particular Content will be available for streaming or download after purchase. If Content becomes unavailable for any reason, FilmTrade may, without penalty, eliminate or reduce the amount of time you have to stream the Content.
Videos may be supported in different formats (e.g, FHD, 4K, etc.). Your ability to stream a video in a particular format may depend upon your device and the bandwidth of your Internet connection.
Some Content may not be available for streaming on all devices or in all territories.
You must maintain your account in good standing in order to stream Content obtained via a Digital Transaction. If your account is deleted, you will lose the ability to stream Content that you have obtained this way. Under no circumstances will we transfer access rights obtained via Digital Transaction to other accounts or platforms.

5. REFUND POLICY

All purchases are final and non-refundable. Refunds are not available for, among other things, unwatched videos. Notwithstanding the foregoing, FilmTrade may from time to time issue refunds if it determines that the circumstances warrant a refund.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Platform Rights

The Service and its features and functionality, along with any original FilmTrade Content, are owned by FilmTrade and are protected by copyright, trademark, and other intellectual property laws.

6.2 Provider Rights

Providers retain all ownership rights to their Content distributed through FilmTrade, which is protected by copyright and other intellectual property laws.

6.3 DMCA Compliance

FilmTrade complies with the Digital Millennium Copyright Act.

6.2.1 Reporting Copyright Infringement

If you believe that your copyrighted work has been used or displayed on FilmTrade in a way that constitutes copyright infringement, please provide us with a written notification that includes the following information:

Your full legal name and contact information, including your email address and phone number.
A clear description of the copyrighted work that you claim has been infringed.
Specific identification of the allegedly infringing material on FilmTrade, including the URL or other identifying information.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notification is true and accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Your electronic or physical signature.

Please send this notification to our designated Copyright Agent at: dmca@filmtrade.org

6.2.2 Policy for Repeat Infringers

FilmTrade has a policy of terminating, in appropriate circumstances, the Accounts of Providers who are repeat infringers of copyright.

6.3 Trademark Policy

Use of FilmTrade trademarks requires prior written permission.

7. USER CONDUCT

7.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

7.2 Prohibited Activities

You may not:

Share Account credentials with others
Circumvent Content protection measures
Create Accounts using false information
Use automated systems to access the Service without permission
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to the Service or other users’ Accounts

8. PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and disclose information about you.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Service Provided “As Is”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILMTRADE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.

9.3 Damages Cap

FILMTRADE’S TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO FILMTRADE IN THE TWELVE MONTHS PRECEDING ANY CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500).

10. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FilmTrade from any claims, liabilities, damages, losses, costs, expenses, or fees arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party

11. ACCOUNT TERMINATION AND SUSPENSION

11.1 Termination by You

You may terminate your Account at any time by following the Account deletion process and ceasing to use the Service

11.2 Suspension and Termination by Platform

FilmTrade may, at our sole discretion, without notice to you, suspend or restrict your Account or your use of the Services, at any time, without liability, if FilmTrade determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or placed an undue burden on our networks or servers. We may further use technology to limit activities, such as the number of calls being made to the servers or systems used to provide the Services, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

FilmTrade reserves the right to suspend or terminate your Account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to FilmTrade, any user, or other third party.

11.3 Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by FilmTrade unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to FilmTrade, any user, or other third party.

11.4 Appeal of Suspension or Termination

If you believe that your access to FilmTrade has been terminated, suspended, or restricted in error, you may email help@filmtrade.org with the following:

Your full name
Email address you use to sign in to FilmTrade
Email address we can use to contact you
Briefly explain why you think the account termination, suspension, or restriction is in error

11.5 Effect of Account Suspension or Termination

If your Account is terminated or your access to the Service is restricted but you continue to use certain aspects of the Service without an Account, and this Agreement will continue to apply to such use.

Upon termination, discontinuation or cancellation of the Service or your Account:

Your license to use the Service ends immediately
You may lose access to purchased Content

11.6 Survival of Termination

The following Sections will survive termination, discontinuation or cancellation of the Service or your Account: Sections 6, 9-10, 14, 15.

12. MODIFICATIONS TO TERMS

12.1 Right to Modify

FilmTrade may modify these Terms at any time by posting the revised Terms on the Service. By continuing to use our Service, you accept any revised Agreement.

12.2 Notice of Changes

We will notify you of material changes by:

Posting the updated policy on our Service
Sending email notifications to registered users
Providing prominent notice on our platform

12.3 Effective Date

Changes become effective upon the stated effective date included with the change notification.

12.4 Continued Use

If you don’t agree to the new terms, you should stop using the Service. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.

13. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including natural disasters, pandemics, terrorism, unionized labor strikes, or government actions.

14. DISPUTE RESOLUTION

14.1 Governing Law

This Agreement shall be governed by the laws of the State of Washington, without regard to conflict of law provisions. Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered in any court with competent jurisdiction. We each waive any right to a jury trial.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms constitute the entire agreement between you and FilmTrade regarding the Service.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

15.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

FilmTrade may assign these Terms without your consent. You may not assign your rights without FilmTrade’s prior written consent.

16. CONTACT INFORMATION

For questions about these Terms, contact us at:

Email: info@filmtrade.org

Last Updated: August 28, 2025