Terms of Use

1.1 These Terms of Use apply to the use of the myfilmfriend streaming service (the “Service”) through its websites and apps. The Service is provided by myfilmfriend, Inc., 7000 N Mopac Expressway, Suite 200, Austin, TX 78731, USA (“myfilmfriend”).

1.2 myfilmfriend makes the Service available to libraries, colleges and universities, schools and other institutions (each an “Institution”). It may be used by the persons to whom their Institution grants access (“Users”).

1.3 These Terms of Use apply as soon as a User signs in to the Service. No other terms apply.

2.1 Users sign in with the credentials of their Institution, for example with their library card number and PIN or password or through the Institution’s single sign-on. The Institution decides whether a User is entitled to access and also manages the credentials.

2.2 Use of the Service is free of charge for Users.

2.3 The Content is available in the country for which the Institution provides the Service.

2.4 Access ends when the User’s entitlement with the Institution ends or the Institution no longer offers the Service. Users may stop using the Service at any time.

2.5 The Institution answers questions about signing in and access. For technical problems, myfilmfriend can be reached at support@myfilmfriend.com.

3.1 The Service includes feature films, documentaries, series and other content (the “Content”). The catalog changes continuously as licenses expire and new titles are added. There is no claim to any particular title.

3.2 myfilmfriend strives for high availability of the Service but cannot guarantee uninterrupted access, for example during maintenance or in the event of disruptions.

3.3 For playback, Users need a supported device with a current browser or one of the Service’s apps and an internet connection; at least 5 Mbit/s for SD and 10 Mbit/s for HD quality is recommended. myfilmfriend lists the supported devices on the Service’s website. Any charges of the User’s internet provider are borne by the User.

3.4 Picture quality also depends on the source material supplied to myfilmfriend by the rights holders, especially for older films.

3.5 In the apps, Users may temporarily download Content and watch it offline where the license permits. Downloaded Content can only be played in the app and is available for a limited time only.

4.1 The Content is protected by copyright. For the duration of their access, myfilmfriend grants Users the non-exclusive, non-transferable right to watch the Content in the Service for private, non-commercial purposes. If access is provided by an educational institution, Users may also use the Content for teaching, study and research.

4.2 In particular, Users may not:

• copy or record Content or download it outside the apps;
• circumvent copy protection or geoblocking, for example by using VPN or proxy services;
• perform Content in public or otherwise communicate it to the public; for film events, the Institution may obtain a public performance license from myfilmfriend;
• share their credentials with others;
• access the Service by automated means or extract its Content or data.

4.3 Information that Users enter in the Service themselves, such as a profile name or the name of a list, must not be unlawful, offensive or discriminatory.

5.1 The Content is labeled with age ratings or recommended ages. If the Institution transmits the User’s age, the Service blocks Content that is not approved for that age. Users may also set a parental-control PIN.

5.2 Some Content may be considered offensive or controversial. Parents and legal guardians are responsible for the Content their children watch through the Service.

6.1 If a User breaches these Terms of Use, myfilmfriend may suspend the User’s access temporarily or permanently and inform the Institution. In doing so, myfilmfriend takes into account the severity of the breach and the legitimate interests of the User.

6.2 To the extent permitted by law, Users are responsible for any damage they cause through a breach of these Terms of Use.

7.1 THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, MYFILMFRIEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2 TO THE EXTENT PERMITTED BY LAW, MYFILMFRIEND IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE SERVICE, AND ITS TOTAL LIABILITY TO A USER IS LIMITED TO ONE HUNDRED U.S. DOLLARS (USD 100).

7.3 Nothing in these Terms of Use excludes or limits liability for intentional misconduct or gross negligence, for death or personal injury, or any other liability or right that cannot be excluded or limited under applicable law. Where the law of a User’s place of residence does not permit the exclusions or limitations above, they apply only to the extent permitted.

8.1 The privacy notice on the Service’s website explains which personal information is processed when the Service is used. myfilmfriend processes the personal information of Users on behalf of the Institution.

9.1 myfilmfriend may amend these Terms of Use with effect for the future if the Service, the legal situation or the requirements of the rights holders change. The new version applies to any further use from the time it is posted on the Service’s website. Users who do not agree may stop using the Service at any time.

10.1 These Terms of Use are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Users who are consumers retain the protection of the mandatory consumer protection laws of their state, province or territory of residence, including the Consumer Protection Act of Québec.

10.2 If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions remain in effect.

10.3 These Terms of Use are also available in French and Spanish. The French version applies to Users in Québec; otherwise, the English version prevails.