Fearless Terms & Policies
Pomegranate Platform Inc. ("Pomegranate") provides a subscription service (“Fearless”) that allows our members to access movies and TV shows (“Fearless Content”) streamed over the Internet to various devices including TVs, computers, phones, tablets, and other devices ("Fearless Ready Devices").
- Membership. Your Fearless membership will continue month-to-month or year-to-year until terminated. To use the Fearless Service you must have Internet access and a Fearless Ready Device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Fearless membership by visiting our website and clicking on the "Your Account" link available at the top of the pages of the Fearless website under your profile name.
- Free Trials
- 2.1. Your Fearless membership may start with a free trial. The free trial period of your membership lasts for 7 days, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the Service.
- 2.2. Free trial eligibility is determined by Fearless at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Fearless membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Fearless membership to determine eligibility. For combinations with other offers, restrictions may apply.
- 2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Your Account" page.
- 3.1. Billing Cycle. The membership fee for the Fearless Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Your Account" page to see your next payment date.
- 3.2. Payment Methods. You can change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
- 3.3. Cancellation. You can cancel your Fearless membership at any time, and you will continue to have access to the Fearless Service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Fearless Content. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Your Account" page. If you signed up for Fearless using your account with a third party as a Payment Method and wish to cancel your Fearless membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Fearless Service through that third party. You may also find billing information about your Fearless membership by visiting your account with the applicable third party.
- 3.4. Changes to the Price and Service Plans. We may change Our Service plans and the price of Our Service from time to time; however, any price changes or changes to Our Service plans will apply to you no earlier than 30 days following notice to you.
- Fearless Service
- 4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Fearless Service. Minors may only use the Service under the supervision of an adult.
- 4.2. The Fearless Service and any content viewed through the Service are for your personal and non-commercial use only. During your Fearless membership we grant you a limited, non-exclusive, non-transferable license to access the Fearless Service and view Fearless Content. 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.
- 4.3. You may view the Fearless Content 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 content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Your Account" page.
- 4.4. Fearless regularly makes changes to the Service, including the content library. In addition, we continually test various aspects of Our Service, including our website, user interfaces, promotional features and availability of Fearless Content. You can at any time opt-out of tests by visiting the "Your Account" page and changing the "Test participation" settings.
- 4.5. Some Fearless 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.
- 4.7. The quality of the display of the Fearless 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 subscription 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. The time it takes to begin watching Fearless Content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your Fearless Ready Device.
- 4.8. The Fearless software is developed by, or for, Fearless and is designed to enable viewing of Fearless Content through Fearless Ready Devices. The Fearless software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Fearless and related third-party software.
- Passwords and Account Access. The member who created the Fearless account and whose Payment Method is charged (the "Account Owner") has access and control over the Fearless account and the Fearless Ready Devices that are used to access Our Service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Fearless Ready Devices that are used to access the Service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Fearless or our partners from identity theft or other fraudulent activity.
- Warranties and Limitations on Liability. The Fearless Service is provided "as is" and without warranty or condition. In particular, Our Service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
- Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FEARLESS 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, where permitted under the applicable law, unless both you and Fearless agree otherwise, the court 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.
- 8.2. Unsolicited Materials. Fearless does not accept unsolicited materials or ideas for Fearless Content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Fearless.
- 8.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
Pomegranate Platform Inc. operates the watchfearless.com website, which provides the SERVICE (operating as "Fearless").
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Our Location and Jurisdiction
Pomegranate makes Fearless available to members in many different countries, however, it is the same Pomegranate entity that provides you with access to the Fearless service and qualifies as your data controller regardless of your physical location. Pomegranate is a Canadian entity governed by the laws of Ontario, Canada.
Our Corporate Website
You can learn more about Pomegranate at our website, pomplatform.com
Our Mailing Address
Pomegranate Platform Inc.
Toronto, ON, M5A3X1, Canada
Corporate Information Last updated: March 8, 2018