- THE SERVICE
Company (the “Service”) offers digital movies (collectively, “Digital Content”) and other services as that may be added in the future, 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. This service and the app required to view the Service, is designed to work only while the viewing device is physically located at a location identified by various tools inherent in the device, including GPS coordinates, IP Addresses, or other technology that arises to identify the location of the device. If you do not wish your location to be identified, PLEASE DO NOT USE THIS SERVICE.
- COMPATIBLE DEVICES
In order to stream or download Digital Content to be viewed on our App, you will need to use a portable media player, or other device that meets the system and compatibility requirements that we establish from time to time (a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some may be used only to download Digital Content, and some may be used to stream and download Digital Content. 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. The Company entity that provides you the Company mobile app may be different than the Company entity that provides you the Service.
- GEOGRAPHIC VARIABILITY
Due to technical and other restrictions imposed by content providers, as well as by the definition of this Service being only available at specific locations, 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. Company will use technologies to verify your geographic location. You may not use any technology or technique to obscure or disguise your location.
- DIGITAL CONTENT
- The Service may allow you to: (i) access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period (for example, through Company, Company or other subscription or standalone video subscription offering) (“Subscription Digital Content”), (ii) rent Digital Content for viewing over a limited period of time (“Rental Digital Content”), (iii) purchase Digital Content for viewing over an indefinite period of time (“Purchased Digital Content”), and/or (iv) access Digital Content on a free, and or ad-supported or promotional basis for viewing over a limited period of time (“Free Digital Content”). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
- Usage Rules. Your use of Digital Content is subject to the Company Usage Rules (the “Usage Rules”). 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 downloaded, streamed, and viewed.
- Subscriptions/Memberships. Offers and pricing for subscriptions (also referred to at times as memberships), the subscription services, the extent of available Subscription Digital Content, and the specific titles available through subscription services, may change over time and by location without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Section 4(d) below. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription on the primary service website for your location. Some of the subscription services that we offer may be sourced from third parties. Third parties that provide subscription services may change or discontinue the features of their services or the content in their services. Company is not responsible for the content contained in any third-party subscription service or the features of these services.
- Cancellation of Subscriptions/Memberships. You may cancel a video-only subscription or membership service any time by visiting Your Account and adjusting your membership settings. You also expressly accept that the Service will start within your cancellation period. If you cancel at any other time, we will refund your full membership fee only if Digital Content available as part of your video-only membership has not been accessed through your account since your latest membership charge.
- Purchase and Rental Transactions; Cancellations. All Purchase and Rental Transactions Final. Subject to the cancellation rights set forth in Section 4(e)(ii) below, all purchase and rental transactions for Digital Content are final. We do not accept returns of Digital Content.
- Cancellations of Purchase and Rental Transactions. You may cancel an order for Digital Content within twenty four hours of purchase or rental (or, for customers in the European Union, within fourteen days from the date of purchase or rental) by clicking “Cancel Your Order” from Your Digital Orders on your Video Marketplace (noted here) or by contacting Company customer service; except that you may not cancel an order for Digital Content once you have started watching or downloading the Digital Content. Notwithstanding the foregoing, you may cancel a pre-order for Digital Content any time before its release date. The release date of pre-ordered Digital Content is subject to change.
- Payment Methods. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use “Your Account” settings to update your designated payment method(s).
- Promotional Trials. We sometimes offer eligible customers various trial or other promotional memberships, 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. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
- Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, Company 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 our policies for personal, non-commercial, private use. We may automatically remove Digital Content from your Compatible Device after the end of its Viewing Period.
- Availability of Purchased Digital Content. In the event that we offer Purchased Digital Content at some time in the future, it will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons, and Company will not be liable to you if Purchased Digital Content becomes unavailable for further download or streaming.
- Downloading and Risk of Loss. If you plan to download Digital Content that you purchase or rent, we encourage you to do so promptly after your purchase or rental. If you are unable to complete a download after having reviewed our online help resources, please contact Company customer service. Once you purchase or rent Digital Content and we make the Digital Content available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Digital Content.
- 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.
- 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.
- Use of the Software or mobile app. We may make available software for your use in connection with the Service (“Software”). Terms contained in the Conditions of Use of your Video Marketplace (noted here) apply to your use of Software.
- Information Provided to Company. The Service and Software may provide Company with information relating to your use and the performance of the Service and Software, as well as information regarding the devices on which you download and use the Service and Software. For example, the Software may provide Company with information related to the Digital Content that you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to the Company Privacy Notice of your Video Marketplace (noted here).
- ADDITIONAL TERMS
- We may terminate your access to the Service, including any subscription available as part of the Service, at our discretion without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription 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 Company may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded.
- 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 Company has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and Company does not guarantee their accuracy.
- We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts to your Company Message Center, and you hereby consent to receive those communications. To stop receiving marketing communications from Company, update your marketing communication preferences from Your Account.
- Modification of Service. Company reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and Company will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
- Company reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service or on your Video Marketplace (noted here). To the maximum extent permitted by law, your continued use of the Service or Software following any changes will constitute your acceptance of such changes. However, any increase in subscription fee will not apply until your subscription is renewed.
- Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. Copyright owners of Digital Content are intended third-party beneficiaries under the Agreement. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
- Disputes/Conditions of Use. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the Company Conditions of Use of your Video Marketplace (noted here) . You agree to those terms by using the Service. YOU MAY ALSO BE ENTITLED TO CERTAIN CONSUMER PROTECTION RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION.
- Limitation of Liability. Without limiting any other Company disclaimer of warranties and limitation of liability in the Company: (i) in no event shall our or our software licensors’ total liability to you for all damages arising out of or related to your use or inability to use the Software 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 over the past 12 months to purchase, 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.
- Contact Information. For communications concerning this Agreement, please write to Company at the applicable notice address listed here.
- 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.
End of Document