A Film by Travis Fine

SPECIFIC TERMS AND CONDITIONS

FOR USE OF WEBSITE & VIRTUAL THEATER

Last Updated: October 4, 2024

Welcome to the terms of use for the Two Eyes Productions, LLC (“Two Eyes”) Website and video-on-demand (Virtual Theater) service. These terms are between you and the Two Eyes entity. Please read these terms, along with the Privacy Notice, Conditions of Use, and Two eyes Video Usage Rules applicable to you (collectively the “Agreement”. Each time you visit, browse, or use the Two Eyes Website or Video service, you accept this Agreement on behalf of yourself and all members of your household and others who use this Service under your account.

1.  THE SERVICE

Two Eyes Virtual Theater and Website (collectively the “Service”) is a service that offers, a Virtual Theater experience for digital movies and other video content (collectively, “Digital Content”) and other services as provided in this Agreement. If you are under 18 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian. We personalize content and features as part of the Services, including showing you recommendations on Digital Content, features and services that might be of interest to you. We also endeavor to continuously improve the Two Eyes devices and services and your experience with them.

2.  COMPATIBLE DEVICES

In order to stream Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

3.  GEOGRAPHIC VARIABILITY

Due to technical and other restrictions imposed by content providers and partners, the Service is available only in certain locations. The Digital Content (including subtitled and dubbed audio versions of Digital Content) and how we offer Digital Content to you will vary over time and by location. Two Eyes will use technologies to verify your geographic location. You may not use any technology or technique, including but not limited to a VPN to obscure or disguise your location.

4.  DIGITAL CONTENT
  1. General. The Service may allow you to access and view Digital Content on a per ticket basis to be viewed during a limited window period of time in a limited geographic area.
  2. Usage Rules. Your viewing of Digital Content is subject to the Two Eyes Virtual Theater Rules of Use (the “Usage Rules”) which are included below. The Usage Rules provide important information, including the time period during which you are authorized to view different types of Digital Content (the “Viewing Period”) and limitations on the number and type of Compatible Devices on which each type of Digital Content may be streamed and viewed.
  3. Ticket Purchase and Rental Transactions; Cancellations. Except as described in this paragraph, all transactions for Purchased Digital Tickets, Rental of Digital Content and/or PPV Digital Content are final, and we do not process returns of such Digital Content or Digital Tickets.
  4. Payment Methods. If purchase through our Website, then the billing terms described below will apply your ticket purchase:
    • Your payment our Website will be processed through a third-party e-commerce merchant. The additional terms and conditions of that third-party merchant shall apply only to the processing of your payment.
    • Additional Fees and Taxes may be collected by the third-party merchant where required.
    • Receipts of payment will be sent to your designated email.
    • You recognize that while a portion of the overall proceeds of a particular screening may (depending on the specific screening) be shared by Two Eyes with a charitable 501(c)3 organization, no portion of your paid ticket shall be tax deductible by you.
  5. Promotions. We may offer eligible customers various trial or other promotional screenings, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility and the scope of such promotion or offer.
  6. Limited License to Digital Content. Subject to your successful and complete payment of any charges to access Digital Content and the Virtual Theater, and your compliance with all terms of this Agreement, Two Eyes grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
  7. Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the streamed Digital Content in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content.
  8. General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
5.  ADDITIONAL TERMS
  1. Termination. We may terminate your access to the Service at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a refund of your fee (if any); however, if you violate any of the terms of this Agreement, your rights under this Agreement will automatically terminate without notice, and Two Eyes may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees.
  2. Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and Two Eyes has no liability to you for any content.
  3. Communications. We may send you promotions or otherwise communicate with you electronically, which may include email, and you hereby consent to receive those communications. These communications will be in accordance with the Two Eyes Privacy Notice. To stop receiving communications from Two Eyes, contact Two Eyes or select the unsubscribe option at the end of the email.
  4. Updates and Modification of Service. Two Eyes may modify the Service any Digital Content and/or Software interface from time to time (i) to improve existing, or add new, functionality and/or features, (ii) to improve or maintain the user experience, (iii) for operational or technical reasons, (iv) to support maintaining quality and quantity of content included in the Service, or (v) for legal or security reasons.
  5. Amendments. Two Eyes reserves the right to make changes to this Agreement for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to the Service; to reflect advancements in technology; to make reasonable technical adjustments to the Service; and to ensure the ongoing operability of the Service at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service following any changes will constitute your acceptance of any such changes.
  6. Reservation of Rights; Waiver. The Service and the Digital Content embody intellectual property that is protected by law. Two Eyes and its affiliates are the Copyright owners of the Digital Content on the Service. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
  7. Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law of the State of Florida with exclusive jurisdiction in the state and federal courts located in Miami-Dade County, Florida. You agree to those terms on behalf of yourself and all members of your household and others who use the Service.
  8. Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Two Eyes Conditions of Use: (i) in no event shall our total liability to you for all damages arising out of or related to your use or inability to use the Website or Virtual Theater exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to rent, or view the Digital Content related to your claim for damages. The limitations in this section will apply to you even if the remedies fail of their essential purpose. CERTAIN JURISDICTIONS, INCLUDING JURISDICTIONS IN THE EUROPEAN UNION, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF THE LAWS OF JAPAN APPLY TO YOUR USE OF THE SERVICE, THE LIMITATION OF LIABILITY IN THIS SECTION WILL NOT APPLY TO CASES OF TWO EYES’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
  9. Contact Information. For communications concerning this Agreement, please write to Two Eyes at the applicable notice address listed on the Website.
  10. Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
  11. Your legal rights. We have a legal duty to supply the Service and Digital Content in conformity with this Agreement. If there is a problem with the Service or any Digital Content, the laws of your country may give you additional rights and remedies. Such laws apply in addition to your rights under this Agreement.