TERMS & CONDITIONS
These Terms and Policies reflect Three different areas of business within the FilmOn Group of Companies: Live Television, Antenna Rentals and Video Communities
FilmOn TV, FIlmOn.US/NGAME/BATTLECAM/CAVECAST Communities and FilmOnX.com Antenna Rentals
BATTLECAM CENSORSHIP RULES FOR BROADCASTERS
Keep the rage alive!
Three bleeps and you are kicked
- NO SHITTING
- NO PUKING OR BODILY FLUIDS
- NO RACISM
- NO ANIMAL ABUSE
- NO NUDITY
- No kids under 18 can cast
These Words are not acceptable
- Shit
- Piss
- Fuck
- Cunt
- Cocksucker
- Motherfucker
- Tits
- Nigger
- Faggot
Earning money on Battlecam
During certain times of the day Battlecam has cash payment rounds in which a broadcaster can earn money. The broadcaster on the left side of the video screen must last beyond the one minute mark before they earn the predetermined money allotment during that money round. Each subsequent minute after the first minute the broadcaster will earn the same amount until they are voted off by the audience.
A broadcaster must earn at least $1000 or more and have met all of the criteria before they are eligible to request payment. If they have met all of the criteria they must fill out the request money form located in the user's profile. Cash payments may take up to 90 days to resolve.
No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply. Broadcasters must be 18 years old or older to be eligible for cash prizes. Battlecam is not responsible for unforeseen website glitches which may cause a broadcaster from not being able to participate in a contest or may cause broadcaster's total cash payment to be inaccurate. Battlecam is not responsible for inaccurate payment information from a broadcaster and may result in delayment of payment or forfeiting it altogether. Battlecam reserves the right to substitute cash or prize with an alternative cash or prize of equal value. Battlecam reserves the right to withhold cash payments as punishment for breaking websites rules. Cash and prizes are not transferable. Battlecam reserves the right to disqualify any user for any reason at any time.
All challenges and prizes offered on BattleCam are novelty funds or Battlebucks. Any actual monies are expressly considered to be GIFTS. Battlecam.com reserves the right to withdraw actual cash prizes at any time.
1. FilmOn.TV
FilmOn.TV is open to eligible members of the public, to enable them to watch live television using the Internet or Over The Air, Satellite or Wired Broadcasts.
Membership is free.
Use of this website is perfectly lawful provided that members abide by the terms of service, the full details of which are shown below.
By using this website, members agree to be bound by these terms and conditions detailed hereunder.
2. DEFINITIONS
"Accessories" shall mean any additional software application that modifies the use of the downloadable Assistant that facilitates or makes available additional functionality which may be provided by this website or by independent third parties over whom this website has no control.
"Assistant" shall mean any software application provided at time of signup or subsequently, which can be downloaded from the Site, which enables registered Users to use this website for additional purposes to be specified at the time of launching such facilities.
"Content" shall mean all data that is provided directly or indirectly to the user, including but not limited to images, sounds, text, multimedia applications such as e.g. video and audio, software and any other applications including all software used within the site itself and any updates, releases or developments thereof.
"EULA" shall mean End User License Agreement, as amended from time to time, whether issued by this site at the present or any subsequent time or by any affiliate or content provider.
"ISP" shall mean internet, telecommunications, cable or other network service providers, as used by User in order to access the Internet and use the Services provided by this site.
"Licence" means any licence, authority or permit lawfully held by any user, or otherwise required to be held by any User, for the reception of television signals.
"Recording" this website does not record or copy any material, neither is it permitted to do so, although members may at some stage be provided access to utilities that may allow them to record content in their domestic premises, for personal and private use. Such a facility is permitted under the "home copying exemption" detailed in Section 70 of the Copyright Designs and Patents Act 1988
"Residence" means the territory/country in which the User resides and in which the User is situated at the time of accessing this website.
"Services" shall mean (a) the Site and/or the Assistant an/or any Accessories and (b) the services provided through the Site and/or the Assistant an/or any Accessories and (c) all Content made available through the Site and/or the Assistant an/or any Accessories r, as amended, expanded, modified or reduced from time to time.
"Streaming" means access to live content simultaneous to it is being broadcast.
"Site" shall mean FilmOn.com, any other webpage therein or any other website or webpage determined by FilmOn.com. "Territory" is the country or countries in which the User is lawfully entitled to use the Services by virtue of Residence or Licence.
"Terms of Service" shall mean General Terms and Conditions of Use, as amended from time to time and as detailed below.
"FilmOn" shall mean FilmOn, FilmOn.com and all associated and affiliated websites, domains and businesses owned, managed and controlled by FilmOn TV Ltd. at 111 Wardour Street London W1F0UH or FilmOn TV Inc at 301 N canon Drive Beverly Hills CA 90210 or their successors, partners, agents, consultants, staff, advisors, suppliers, associates, affiliates or any other party involved in the site or the business relating to the site.
"Member" is a private person of legal age and/or with sufficient legal capacity to conclude agreements, who has read, understood and accepted the EULA and Terms of Service and who will use the Services for private use only in the area in which the broadcast being watched is intended to be viewed, subject to the EULA and Terms of Service.
"Member ID" are identifiers specific to the User including but not limited to User's e-mail address, User names, passwords etc. that are required to access certain parts of the Site and/or to use the Services. FilmOn may amend, modify, expand or reduce the User ID conditions at any time.
3. SCOPE OF SERVICE AND ACCEPTANCE OF TERMS
FilmOn provides an online TV streaming service to users for personal, private and domestic use only, to qualified members who may only access the website from the area from within which the broadcast was intended to be viewed and strictly subject to the Terms and Conditions set out within.
By indicating their acceptance of the EULA and Terms of Service, members confirm that they are of legal age and meet all legal conditions to commit themselves to these Terms of Service, that they have read, understood and agree to these Terms of Service, that they will abide by such terms and will indemnify FilmOn in respect of any failure on their part for failure to do so.
These Terms of Service may be modified, extended or replaced at any time, and notice will be given of such changes in the forum at such times. It is the member's responsibility to make themselves aware of such changes by visiting the forums regularly.
4. USER'S OBLIGATIONS
4.1 Membership application
Users are required to provide accurate and complete information upon application for membership of this website, and are limited to one account per member.
4.2 User identification
Members agree to keep their membership details confidential and to only use his or her personal Member ID when logging in and using the Services and not communicate this to others.
4.3 Compliance with legal and other restrictions
Members are solely responsible for any and all activities carried out using their computer, including the need to take adequate precautions to safeguard against trojans, spyware, malware, viruses, and other threats to their security and that of any network to which they are connected.
Members are responsible the use of their computers and access to the services provided, including access by minors whether under their control or otherwise, or those of a particular disposition with regard to access to broadcast content
Members undertake to refrain from any act or omission that would be contrary to the laws of the country in which they are accessing this website.
As use of this website is free to members, reasonable fair use conditions may from time to time be applied to those using the service unreasonably or in such a way as to compromise the enjoyment of the site by others.
It is the sole responsibility of each individual member to abide by these terms and any other contractual provisions or general terms of his or her ISP.
Members will not engage in any illegal, unacceptable or unauthorized use or access to third party property such as e.g. computers, hardware, networks, software and data and each User will refrain from any action which damages or could damage, compromise or destroy third party property such as e.g. computers, hardware, networks, software or data or which circumvents, interferes with or otherwise hinders or hampers the functionality or the use of the Services.
It is the member's sole responsibility to establish whether the use they put to the service provided require authorization or registration with any third party, whether any fees or licences for the receipt of TV programs or other broadcasting formats apply or whether any copyright royalties are due. Each User acknowledges and agrees that he or she will diligently and expediently comply with such obligations at all times, and continue to do so for so long as they shall continue to use the Service
Members are required to respect and uphold all rights and intellectual property of those whose content is or may be made available using the services provided, which are provided for personal, private and domestic use of the individual member only and provided he or she is situated within the area for which the broadcast concerned is intended.
4.4 Private and Personal use only
Members shall only use the Services for his/her own private, personal and domestic purposes. Members shall in particular not make the Services available and accessible to third parties, e.g. to an open group of people by exposure or display of the Services in public areas, including but not limited to cinemas, theatres, exhibitions, show rooms, hotels, bars, clubs, pubs, restaurants, or other public spaces. The receipt or further transmission of content and the use of the services in such areas is illegal and violates third party rights including but not limited to copyrights and public performance licences.
Members acknowledge that the Services may only be used if the legal and technical conditions are fulfilled. It is each members; sole responsibility to make sure that his or her computer, IT systems, software and components fulfill the system requirements in order to be able to use the Services and that the contract between the User and his or her ISP permit the use of the Services, in particular regarding bandwidth use.
Members are solely responsible for the costs of accessing/using the services provided.
Members may not link to URLs, use i-frames (or "in page viewers"), access content unless through the browser interface or an approved application or otherwise misue the service.
4.5 Respect for copy-righted material
Members acknowledges that all Content made available in relation with the services provided by this site are subject to copyright and are for private, personal, domestic and instantaneous viewing at the time of receipt. Members may not temporarily or permanently store or copy any of the Content on its hard disk unless in accordance with Section 70 of the Copyright Designs and Patents Act ("the personal timeshifting exception") using the provided facilities, or on any other data carriers nor may User otherwise make the services and content available to third parties, e.g. by modifying, circumventing or removing any Digital Rights Management (DRM) functions and procedures, by selling, leasing, sublicensing, distributing, broadcasting, transmitting, modifying, translating or otherwise amending the services including conversions of content into other formats etc.
Members may not decompile, reverse engineer, disassemble or otherwise intend to make any software used in combination with the Services or available at any time on this website, including the source code, available to third parties, unless where categorically permitted by other agreements.
Members may not provide links to this site, nor use this site either embedded within another site ("I-Frames") neither may they use or distribute URLS to allow others to do so.
Members further acknowledge and agrees that also other third party data published on the FilmOn website or otherwise made available in combination with the Services may also be copyright protected or otherwise protected by intellectual property rights and members undertake that he or she will not copy or otherwise use such data without the rights holder's consent or otherwise complying with the relevant law (e.g. Section 70 of the Copyright, Designs and Patents Act)
4.6 Legal restrictions on use of the services
The use of services and in particular the content accessed may be restricted to persons and audiences who meet certain requirements such as being of legal age as provided by local laws etc. Each member is individually and solely responsible for the use he or she may make of the site, for their choices of viewing and for the suitability of that content for viewing.
In particular, members shall pay particular regard to the protection of minors under their supervision, and shall not permit unsupervised access and take all reasonable steps to protect minors and those with any vulnerability or susceptibility from viewing content unsuited to them.
FilmOn accepts no responsibility or liability for any action, neglect, omission or oversight of the member or of any third party in this respect.
4.7 Territorial limitations
User undertakes only to use the Services in the country in which he or she Resides and in the area in which the broadcast was intended to be viewed. Members acknowledge that the availability of certain TV channels may vary if using the services in a different country to that of the country of their personal residence.
4.8 Duty to protect User's computer & networks
Members acknowledge that the internet is an unregulated medium, resulting in a risk to all computers attached or connected to it. It is the members responsibility to protect his or her computer and associated IT systems, equipment on which the Services are used and his or her software against unauthorized access, bugs, viruses, worms, spyware, adware, malware, trojan horses etc. User has to refrain from any and all activities that may endanger the operability and security of the Services and/or of networks, especially where such are the property of or are used by others (which should always be with their consent).
4.9 Members duty to advise
Members undertake to immediately inform FilmOn of any defects, disruptions or non-availability of Services which it gains knowledge of and, in particular, of any use of the services that are illegal or in breach of the EULA and/or the Terms of Service on the part of the member (e.g. hackers, abuse of site terms and conditions, linking, etc.).
4.10 User generated content
Where user generated content may be permitted and reproduced or accessible via this website, the originating user is held exclusively responsible for the contents of such, whether used on the website, in forums, in articles, blogs or reports. FilmOn does not accept responsibility for such content, whether written, visual or otherwise, and does not moderate, view, regulate or control such contributions save in response to a specific complaint. The user is therefore held responsible for such content, including copyright in any original work, intellectual property, third party rights or whether the contents of such material are inflammatory, racist, promote unlawful or indecent activity or are discriminatory with regard to age, race, gender, colour, religion, sexual orientation, political view or could in any way be construed as offensive by any party.
4.11 Obligation to hold FilmOn harmless
Members shall hold FilmOn, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, staff, admin, moderators or auxiliary persons harmless from any claims of third parties filed against any or all of the aforementioned parties, arising out of the violation of any of the terms of service and actions of users.
5. COSTS FOR THE USE OF THE SERVICES
5.1 Cost of services
The use of the Services is completely free of charge for the User.
FilmOn reserves the right to modify or alter its revenue model at any time.
5.2 Internet and other usage costs
Each user is responsible for their own costs of use including, but not limited to, computing resources, network costs, internet access, ISP charges, and those of any telecommunications intermediary involved in the process of making services available.
6. INTELLECTUAL PROPERTY
6.1 FilmOn intellectual property
FilmOn is pending registration as a trademark in various countries and some or all of the technology is subject to Patent Application in the UK and elsewhere. Any use requires the previous written consent of FilmOn
The software developed by FilmOn and all data and information displayed on the website or any material so provided is copyright protected or otherwise protected by intellectual property rights and may not be used without the consent of FilmOn
6.2 User copyrights
FilmOn may operate forums, chat rooms, blogs and the like on its Site. FilmOn does not claim ownership of such content provided by the Members. Notwithstanding, by contributing to such formats, members confirm that he or she are the owners of such content and that it complies with all applicable legal provisions and the Terms of Service.
Members grant FilmOn a world-wide, non-exclusive, sub licensable, transferable and royalty-free license to use, copy, distribute, transmit, process, modify, publicly display and perform or otherwise use such content in any media format, inter alia for promotional or advertisement purposes or for the improvement and further development of the Services. Members acknowledge and agree that his or her content may have to be modified in order to conform and adapt to technical or other requirements.
Further, by posting any content on the site, or submitting any content to the site, members acknowledge and agree that any of the content provided is not confidential and that FilmOn may use such content for the afore mentioned purposes without entitlement of compensation to members or liability of FilmOn. This provision does not apply to personal information which is subject to the data protection provisions as established in these Terms of Service, except to the extent members themselves make such personal information publicly available to third parties by way of the use of services, the site or otherwise.
6.3 Content Copyrights
Nothing shown, contained or referred to within or on this site shall be deemed to infer any claim to ownership of any copyrights or intellectual property in any of the content displayed or available to members.
All rights, copyrights and intellectual property are owned by their respective broadcasters and/or producers, and such ownership of all intellectual property belonging to others is duly acknowledged.
Any marks, logos, get-ups or brand identifiers are used solely to identify the channels carried by FilmOn.
7. ADVERTISING
7.1 Advertisements in combination with the content
When using the services, advertisements may be visible and audible on the TV channels displayed. User acknowledges and accepts that FilmOn is neither responsible nor liable for the content of such advertisements nor for the compliance of such advertisement with applicable laws.
7.2 Channel switch ads and other advertisement
Before tuning into each TV channel, advertisement may be visible on members' screen for a certain period of time. FilmOn may also use other means of advertisement such as banners, links, interactive and virtual advertisement, split screens etc. Members agree to being exposed to advertisements in general and targeted advertisements in particular.
Users acknowledge and agrees that FilmOn is neither responsible nor liable for the content of such advertisement nor for the compliance with applicable laws.
8. DATA PROTECTION
User is aware that the use of the internet can never be 100% secure and that there are certain inherent risks for the protection of personal data. FilmOn shall exercise reasonable diligence to protect personal data but it cannot guarantee or warrant that data provided by the User to FilmOn is safe and protected from unauthorized third party access and no liability is accepted in this respect.
When subscribing to or using the services, certain personal data may be collected and processed in accordance with established European standards of data protection. Collected personal data includes or may include in the future, name and address, age, gender, income, education, hobbies and preferences and IP address.
Members acknowledge and agree that FilmOn, by way of setting cookies, may collect data on usage of the Services by User such as IP address, TV channels and advertisements viewed, duration of a session and page views on the FilmOn website. Such data is not necessarily retained, neither is it necessarily retained within the country in which the individual member resides.
By way of simplified explanation, cookies are small packages of data stored on User's computer and memorized by the member's browser. Such Cookies usually take the form of a short line of text. Cookies allow faster navigation on websites, allow a personalized access of User in accordance with preferences and needs and prevent misuse of FilmOn website. Members may at all times erase cookies from their computer by using the respective functions of the browser. Members acknowledge and accept that the removal of cookies may have an impact on the performance of the services. Notwithstanding the disabling of the cookies, members' may remain traceable through use of their individual membership details (such as username and password).
By subscribing to the services members acknowledge and agree that the aforementioned personal data is collected and processed for general information purposes, for marketing purposes of FilmOn, its parent companies, affiliates and subsidiaries and for the improvement of services (e.g. for the improvement of services which conform to each member's preferences and needs and for the customization of targeted ad campaigns).
FilmOn is entitled to transfer such data in an anonymous format to its parent companies, affiliates, subsidiaries and to third parties for market research purposes and for measuring the usage of the Services and of the advertisements displayed (channel switch ads, banners, links etc.) and the page views generated on the FilmOn website. Members acknowledge and confirm that for the purposes described above FilmOn may transfer and export the data to parties which are located in foreign countries even if such country does not offer the same level of data protection as that in which the member may be resident. Additionally, members acknowledge and confirm that FilmOn may make such personal data available to state authorities in the event of illegal activities, violations of the EULA and/or the Terms of Service or in case public security is at risk. Such personal data is stored by FilmOn in accordance with and for the duration established in the provisions of data protection provisions established within the EU and it may be deleted by FilmOn in accordance with such provisions, subject to compulsory legal provisions or orders from national authorities such as courts requiring FilmOn to store and maintain such personal data at the disposal of the authorities.
Members may at all times request access to the personal data collected and if inaccurate they may request that such collected personal data is corrected, that the collection of personal data is blocked or that the collected personal data is erased, subject to legal provisions or orders from state authorities such as courts requiring FilmOn to store and maintain such personal data at the disposal of the authorities.
The above notwithstanding, nothing contained within these terms and conditions shall be construed as indication or confirmation that any personally material, data or record is or may be kept that may or could personally identify any specific user, their location, or any aspect of their activity using their membership account with this site.
9. DISCLAIMER REGARDING REPRESENTATIONS AND WARRANTIES
Members acknowledge and confirm and the use of the services is at the member's sole discretion and risk and that they employ suitable and up to date virus checking software
9.1 Disclaimer regarding the right and title to the services provided
FilmOn does not represent, warrant or claim, whether expressly or implied that it has any or all right and title to the services or that any specific service that is or may be provided tdo not necessarily violate third party rights.
9.2 Disclaimer regarding the quality of the services provided
The Services including the software provided by FilmOn or by suppliers authorized by FilmOn or made available by third parties is provided "as is". FilmOn makes no express, implied or statutory representations, warranties or claims with regard to the quality, availability or performance of the Services or lawfulness as to use.
In particular, but not limited to the following examples, FilmOn does not represent, warrant or claim that the Services are up to date, merchantable, state of the art, accurate, legal, secure, reliable and free of defects, errors, bugs, spam, viruses, worms, Trojan horses, spyware, adware, malware, unauthorized third party access (e.g. hacking) or that they are appropriate for the purposes of User. FilmOn does not represent, warrant or claim that any defects, errors etc. or any other disadvantages of the Services will be corrected. Further, FilmOn does neither represent, warrant nor claim the continuous and uninterrupted accessibility and availability of the services, neither the timely provision of the services nor the error-free transmission of both services and content without loss of data packages etc.
9.3 Disclaimer regarding content
FilmOn does not represent, warrant or claim, whether expressly or implied that the content or other third party content provided via the services such as TV programs, advertisement etc. is accurate, complete, factual legal and that it does not infringe any third party rights. FilmOn does not warrant or assume responsibility for any product, application or service advertised or offered by a third party in combination with the use of the services or displayed on the site or otherwise made available for access.
FilmOn is not liable for any violation of legal provisions or for damages of third party rights which result from the misuse of the member's personal details provided for the purpose of login.
10. LIMITATION OF LIABILITY
10.1 Waiver
FILMON REFUTES ANY LIABILITY IN CONNECTION WITH THE SERVICES TO THE EXTENT LEGALLY PERMISSIBLE. LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR NETWORK FAILURE, LOSS OF PROFITS, GOODWILL OR OTHER NON MATERIAL DAMAGES) ARISING OUT OF THE USE OF THE SERVICE, FOR NEGLIGENCE, FOR AUXILIARY PERSONS AND FORCE MAJEURE IS FULLY WAIVED.
IN NO EVENT SHALL FILMON, ITS AFFILIATES, PARENT COMPANIES AND THEIR AFFILIATES, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AUXILIARY PERSONS BE LIABLE FOR ANY OF THE AFOREMENTIONED EVENTS OR FOR THE INABILITY TO USE THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM THE USE OF THE SERVICE, EVEN IF FILMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, FILMON SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM THE UNLAWFUL USE OF THE SERVICE OR FROM USE WHICH IS NON-COMPLIANT WITH THE EULA AND/OR THE TERMS OF SERVICE
FILMON SHALL NOT BE LIABLE FOR ANY ACTIONS, NEGLECTS OR OMMISSIONS OF THE USER WHICH ARE CONTRARY TO THE APPLICABLE LAWS, THE EULA, TERMS OF SERVICE AND ANY OTHER APPLICABLE PROVISIONS OR FOR ANY USE OUTSIDE OF THE TERRITORY.
FILMON SHALL NOT BE LIABLE FOR ANY CONTENT AS DEFINED ABOVE, FOR ANY ADVERTISEMENTS OR FOR ANY THIRD PARTY CONTENT TRANSMITTED BY WAY OF THE SERVICES OR OTHERWISE MADE AVAILABLE ON ITS WEBSITE ETC.
THE RIGHT OF USER TO SEEK RELIEF OR REMEDY WITH REGARD TO THE SERVICES IS LIMITED TO UNINSTALLING ANY DOWNLOADED AND TO CEASING THE USE OF THE SERVICE. NOTWITHSTANDING THE ABOVE, FILMON MAY CHOOSE AT ITS OWN AND ABSOLUTE DISCRETION, TO PROVIDE USER WITH A SERVICES THAT IS FREE FROM DEFECTS.
10.2 Prescription
Any claims in respect of FilmOn must be notified at the time of such claim allegedly arising, or as soon as reasonably practicable thereafter, in writing, addressed in the first instance by email to the contact details provided in the "Contact Us" section of this website.
11. TERM OF USE OF SERVICES AND CESSATION OF USE
11.1 Duration
The right to use the Services is granted as from the date on which member accepts the Terms of Service and first accesses the website. Such right is granted for an unlimited period of time, subject to the compliance of applicable law and the EULA and/ or the Terms of Service by each member.
11.2 Cessation
Members may cease the use of the Service at all times, in which case they are required to permanently remove any software they may have downloaded for use in combination with any of the services provided.
FilmOn may at any time discontinue the provision of the Services or of part of it without having to notify members, without having to give any reason for the cessation of the Services to members and without giving right to any claim for compensation to members. Upon notice of cessation by FilmOn, members must immediately cease all use of the Services and completely erase all copies of any relevant software in User's possession or control.
FilmOn will not be liable for any damages caused by cessation of the Services.
12. GENERAL PROVISIONS
12.1 Non Transferability
Members may not assign or transfer any rights or obligations arising out of these Terms of Service to any third party. FilmOn may assign any rights and obligations arising out of these terms of service including the provision of certain or all services or parts of it without the consent of the members concerned.
12.2 Modifications, alterations and amendments
FilmOn reserves the right to modify and to amend these terms of service at all times and at its sole discretion without having to notify members of any such modifications or amendments. The actual and legally binding version of the terms of service is published on the Site and is valid as of the date of its publication. It is the member's sole responsibility to consult the Site from time to time, to take notice of any amendments and to abide by such amendments.
12.3 Severability
Should any provision of these terms of service be deemed invalid, void or unenforceable all other aspects of the terms of service shall remain in force. In such event the invalid, void or unenforceable provision shall be replaced by a valid or enforceable provision which best reflects the commercial purpose of the invalid, void or unenforceable provision. The same shall apply in the event of a contractual omission.
12.4 Language
The original version of these Terms of Service has been drafted in English. In the event of inconsistency or discrepancy between different language versions, the English version shall prevail.
13. APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the substantive laws of the country of incorporation, the United Kingdom and The United States. User hereby consents to and irrevocably submits to the exclusive jurisdiction of their country of Residence closest to either the UK or the United States. Not withstanding the above, FilmOn may, at its own election, choose to bring any action against members in the courts of the country in which the member is domiciled.
FIlmOn.TV Terms & Conditions
Filmon film accsess and multi-user online community terms and privacy policy.
Please read these terms and conditions carefully before using the website operated by FilmOn. ( we, us ) They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1. Introduction
1.1 If you wish to register with the service you must provide us with personal details which includes your name, email address, and postal address which are true and correct. You must update this information and notify us of any changes. By clicking on the box marked 'Terms and Conditions and Privacy Policy' clearly shown on our website you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.2 If you do not wish to be bound by these terms and conditions then you may not use our website.
2. The services available via the FilmOn website
2.1 If you have selected monthly billing, you will be billed the same amount every month at this time. If you wish to stop this billing procedure please email support@filmon.com. Payments for yearly subscription packages will be processed through Paypal. Or Credit Card Processor
2.2 Our website describes how you can use FilmOn in more detail. These terms and conditions govern your use of the FilmOn service at all times.
2.3 Our website is a place for you to register with our service and then access thousands of film titles ( 'the Films') in four different ways:
- you can download to own the films made available to you on the website;
- you can download to rent the films made available to you on the website;
- you can simply stream the films made available to you on the website; and
- you can custom make your own DVD compilation and download films to burn to your own DVD which you may watch anywhere.
Each of the above services are subject to the restrictions contained in these terms. Throughout these terms we make reference to your 'access' or 'accessing' the Films. Whenever we use those references we intend them to refer to all four methods by which you may view the Films.
2.4 Our website is also a multi-user online service provided by us and a place for you primarily to create your own community about movies and more, post links and exchange views with other users in the FilmOn3d ( 'FilmOn3d') section of our website on whatever subject you choose ( subject to the restrictions contained in these terms ) and post personal information about yourself and material of your choosing including, photographs, video clips, create a graphical representation of your body (such representation being called an 'Avatar'), post music and user generated content by email, or on MP3 files via our website on the Internet ( the 'Content').
2.5 The FilmOn3d service includes the software which we provide by way of licence to you and the online environments that support the service, including the server computation, software access, messaging and protocols that simulate the various locations featured in the FilmOn3d environment (collectively, the 'FilmOn3d Software'). Our website and service and the FilmOn3d Software collectively constitute the 'Service' as used in these terms and conditions.
2.6 We grant to you a non-exclusive, limited, fully revocable license to use the FilmOn3d Software and the rest of the Service during the time you are in full compliance with these terms and conditions.
2.7 You acknowledge that by using the Service you may have access to Content provided under license by independent content providers, including contributions from other users of the Service. ( 'Content Providers')
2.8 We shall not be concerned with the day to day management of and do not pre-screen Content. The Content which you submit to FilmOn3d shall be your sole responsibility. We shall not intervene at any stage in such management nor shall we act as mediator in the event of any dispute between you and any other participant or Content Provider in FilmOn3d.
3. Modifications to the FilmOn website
3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or new features shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.
4. Information you provide to us and our Privacy Policy
4.1 FilmOn appreciates that your privacy is very important to you. We recognise that providing personal information is something which requires trust which we take very seriously. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the products and services we or those with whom we are associated may be able to market to you.
4.2 We are fully registered under the Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. Further information on the Act is on the internet at www.informationcommissioner.gov.uk.
4.3 We collect information about you firstly to process your registration and second, to provide you with an excellent service. The following applies to any information you provide to us.
1. You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address and email address, to the extent reasonably necessary to provide the Service available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies').
2. If you send us personal correspondence such as e-mails then we may collect this information into a file specific to you. The various purposes shall be known as the Purposes. All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
3. You must ensure that the Personal Information you provide is accurate and complete and that all registration details contain your correct name, an address and other requested details.
4. We use technology to establish patterns of behaviour of those registered with the Service. This includes the use of cookies which are stored on your browser. We use cookies only to store information such as your user identification number to allow us to identify whether you have registered to use that part of our website which you are using and, if so, to make your access to our website quicker. We will only read cookies from your cookie file placed there through your web browser interaction with our website. Therefore when you visit the FilmOn website the cookies will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You can modify your browser to prevent such tracking.
5. When you register with the Service, we ask you to provide certain information, such as your contact details and demographic information. We will store this data and use it to contact you, provide you with details of other products or services and otherwise for the normal use and improvement of the Service, unless you have asked us not to do so. If you would rather not receive this information please inform us using the contact form.
6. We may also use the data you send to us to prepare user profiles.
7. We do pass on your personal data to third parties and by accepting these terms and conditions you are providing your consent to such transfer.
8. So we can check and improve the Service, we may also gather information about you when you use it, such as details of your operating system, browser version, domain name and internet service provider's address.
9. Our website provides links to other websites. We are not responsible for their data protection policies. You should check their privacy policies if you are concerned.
10. We do our best to protect your personal data including through the use of encryption technology, but we cannot guarantee the security of any data you disclose.
11. We add to the data which you give us information we obtain from third parties. You have the right to receive information about your personal data which we hold under the Data Protection Act 1998. If you believe any of your data held by us is incorrect, please contact us.
12. We have obligations under money laundering legislation to check the identity of users of our website and may need to make enquiries and obtain information from you for that purpose. You confirm that all information you supply will be accurate and that we may pass on such information as we consider necessary to comply with any legal/reporting requirements.
13. You agree that we may disclose to any person empowered to require such information by or under any legal enactment, any information they may request or require relating to you.
4.4 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (all falling within the definition 'Content'):
1. you must own or have the right to submit Content for publication on our website and use as part of the Service and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations standards and/or codes of practice;
2. you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
3. you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services;
4. we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
5. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as we see fit in our sole discretion.
4.5 You grant us a non-exclusive, royalty free, worldwide licence to publish all Content that you submit to us. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
4.6 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us using the contact form.
4.7 You undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting, linking to or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
5. Your use of the FilmOn website and your security obligations
5.1 You must create an account with us ( your 'Account' ) to use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the online registration form and maintain and promptly update that information to keep it true, accurate, current and complete.
5.2 You must choose an account name to identify yourself to other users of FimOn3d ( your 'Account Name'), which will also serve as the name for your Avatar. You must not select as your Account Name the name of another person to the extent that could cause confusion or deception. You must not select a name which violates any trademark right, copyright, or other proprietary right or a name which we deem in our sole discretion to be vulgar or otherwise offensive. We reserve the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.
5.3 When you open an Account you must select a password. You are responsible for maintaining the security and confidentiality of your password. We will not be responsible for any harm which results from your disclosure, or authorisation of the disclosure of your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. You must notify us immediately of any unauthorised use of it or breach of security regarding our website or Service that comes to your attention.
5.4 You must not impersonate any other person while using our website.
5.5 You must be 18 years of age or older to use our website. By accepting these terms and conditions you confirm that you are at least 18 years of age. Certain content provided by the Service may not be suitable for anyone under 18 years of age. We will disable access to such content by default. We do allow you to configure filtered access to such content but we do advise parents or guardians to supervise their childrens use of our website.
6. How we comply with the law
6.1 You assume total responsibility and risk for your use of our website and use of all information contained within it.
6.2 We have used our best endeavours to ensure that our website complies with UK laws and where appropriate European Community law including without limitation, The E Commerce Regulations 2002, The Data Protection Act 1998, the Disability Discrimination Act 1995 and the general law. However, we make no representations that materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material, content or Films on our website, or products offered through our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
7. Buying the Films from the FilmOn service
7.1 Once you have clicked on the box marked 'Terms and Conditions and Privacy Policy' clearly shown on our website to confirm your acceptance of these terms and conditions you may purchase and access the Films. You may view the Films in the following ways depending on which service you have chosen;
- you can download to own the films made available to you on the website;
- you can download to rent the films made available to you on the website;
- you can simply stream the films made available to you on the website; and
- you can custom make your own DVD compilation and download films to burn to your own DVD which you may watch anywhere
In all cases you cannot re-sell, re-distribute, sub-licence or otherwise transfer any rights or licence in the Films, or use the Films in any manner apart from as stated above or as otherwise stated on our website at the time you buy the Film. If we do add any other usage rules on our website those rules shall be incorporated into these terms and conditions
.7.2 If you download to rent or stream the Films you may retain one file relating to the Film on the hard drive of your personal computer ( or other device which we have authorised) to which the Films are initially delivered via the internet. That file is not transferable to any other device and must not be used on any other device.
7.3 If you download to rent or stream the Films and you have a mobile device such as a mobile phone you are permitted to retain one file relating to the Film that is transferable to that device. The device must be compatible with the format which we display when you purchase the Film. You must synchronise your device with your personal computer in order to transfer the file. However, once you have transferred the file to your mobile device you cannot then transfer the file to any other device either from your personal computer or from your mobile device.
7.4 If you want to view the Films on personal computers other than the one to which you have told us the Films are to be delivered, you must obtain a new licence. You may do this by connecting the new computer to our website via an internet connection and logging in to your Account.
7.5 We will determine in our sole discretion from time to time which devices are compatible for you to view the Films in cases where you download to rent or stream the Films and we will display this information on our website.
7.6 Once you have downloaded the Films it is your sole responsibility to retain a permanent copy of the Film. If the Film which you buy fails to download and play properly please contact the FilmOn Customer Service Department either by emailing us using the contact form, or by telephoning +44 207 758 0690. We will use our best endeavours to resolve the problem. However, once you have successfully downloaded the Film we will not replace it if you are then unable to play it or if you subsequently lose the Film or if the file;
1. becomes damaged or corrupted;
2. is deleted by accident;
3. your computer crashes;
4. your hard drive fails;
5. the Film fails to play for any other reasons.
8. Intellectual Property Rights
8.1 The contents of our website are a combination of user generated content, published materials but also original works produced by us. Our works are protected by international copyright laws and other intellectual property rights. We are the owner of these rights together with our affiliates or other third party licensors. You acknowledge that other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that such rights are not licensed or otherwise transferred by mere use of the Service. All product and company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the purpose of using the Service. You acknowledge that if you modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to the video, Avatars, music, text, graphics, messages, codes and/or software, unlawfully you do so on your own initiative and we are not responsible for your actions.
8.2 Any Intellectual property rights which we grant to you via our website or in these terms and conditions to enable you to purchase and access the Films or use the Service are granted simply as a means for you to use the Service. They do not constitute a grant or waiver whether implied or otherwise, of any rights of the copyright owners in any audio or video content contained within the Films.
9. License Granted when you submit Content to FilmOn3d
9.1 If you submit Content to us you grant us a non-exclusive right to make available the Content via the Internet during the period in which the Content is featured on FilmOn3d, ( the Licence Period ) including making any alterations to the Content technically required to make the Content available to other users of FilmOn3d via the Service.
9.2 You grant us the right to display any promotional material relating to the Content.
9.3 You shall observe any further obligations as part of the registration procedure and / or the upload procedure for FilmOn3d (on a submission by submission basis).
9.4 You irrevocably consent to us retaining data relating to you on a database (which means information stored by us in electronic form relating your personal information) and dealing with such data for the purpose of marketing and perhaps exploiting the Content. All databases shall remain our sole property notwithstanding the expiry of the Licence Period.
9.5 You shall refrain from any act which would interfere with the exploitation of the rights granted hereunder.
9.6 Following the expiry of the License Period we shall if requested by you use our best endeavours to delete all copies of the Content and promotional material under our control save to the extent stored as data in any database.
10. Permissions required when you submit Content to FilmOn3d.
10.1 You confirm to us that you are able to make the Content available to users of FilmOn3d during the Licence Period.
10.2 We may choose not to permit any Content or promotional material if in our reasonable opinion it is necessary to do so for legal, technical or marketing reasons.
10.3 If, because of any act or default on our part, you are unable to make any Content available to users of FilmOn3d for a period of thirty (30) days or longer then your sole remedy shall be to terminate the Licence Period in respect of that Content by giving us notice in writing. Your notice must state expressly whether you require us to remove your Content from the website.
11. Warranties you provide when you submit Content to FilmOn3d
11.1 You are free to participate and submit Content to FilmOn3d.
11.2 You have not entered into any arrangement which might conflict with the service provided by FilmOn3d and are not under any disability, restriction or prohibition which might prevent you from performing any of your obligations under these terms and conditions.
11.3The Content provided by you shall be original to you and shall not under laws in force in any part of the world be obscene or blasphemous or defamatory of any person or infringe any right of copyright or right of privacy or right of publicity or moral right or performers right or performers property right or any other right of any nature or any person.
11.4 Our Service allows people to interact online regarding topics and content chosen by users of the Service, and those users can alter the Service environment on a real-time basis. We shall at all times have absolute discretion as to whether to make available to users of FilmOn3d or to continue or discontinue the making available to users of FilmOn3d and as to the exploitation of the Content and the terms and conditions of promotion and advertising and all other related matters.
11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs ), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.
12. Linked Sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
13. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
14. Our Liability to you
14.1 Save as otherwise required by any statutory provision, we exclude all express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any Films, the Service, material or information featured on our website or any information or service provided through our website.
14.2 We will do our best to ensure that all materials and information published on our website are accuraccurate, but please note that all content, materials and information on our website are provided on an as is basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
14.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or the Service, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
14.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and the Service and to properly download and view the Films and use the Service, including sufficient internet connectivity and bandwidth and is compatible with our website, as specified under our Knowledgebase Compatibility Articles. We cannot specify particular requirements which may vary. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.5 Neither we nor our shareholders, directors, officers, employees or agents shall be liable whether jointly or severably to you or any third party for any indirect, special, incidental or consequential loss or damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of our website, the Service or any services or goods available through it or the Films. Our liability shall be limited to the sum of One Pound ( ??1).
14.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
15. How to cancel your registration to FilmOn
15.1 You can cancel your registration to the FilmOn service at any time via our website at www.filmon.com. If you want to cancel you must notify us online via our website by clicking on the section marked Cancel my FilmOn registration and following the instructions shown there. We will track this request and it will form part of your customer account history. As soon as you have requested cancellation no further access to the Films, FilmOn3d or the Service will be possible. We only accept cancellation requests via our website and are unable to accept cancellation requests made via letter, SMS text message or any other method of communication.
15.2 When your cancellation notice is accepted we will send you a confirmation email to the address notified by you upon registration.
15.3 We will only refund amounts paid by you if there is a fault on our delivery system (and not any third party's fault), and provided that (i) you notify us via email (support@filmon.com) about such a fault in our delivery system and (ii) we do not rectify the fault within 14 days of your notice.
16. How we may terminate or restrict your use of the FilmOn Service
We reserve the right to terminate or otherwise restrict your use of the FilmOn Service for any reason whatsoever. This may include where we believe that you are in breach of any of your obligations under these terms and conditions. If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice. If we terminate your use of the Service for any other reason then we will give you thirty ( 30 ) days notice of such termination.
17. General
17.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. However, the terms and conditions are personal to you and you agree to them purely for your own benefit and not for the benefit of any other party.
17.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
17.3 These terms and conditions are the whole agreement between us. You acknowledge that you have not entered into these terms and conditions in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions.
17.4 Your registration with FilmOn is non-transferable and cannot be sold or traded in any manner.
17.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.6 These terms and conditions and your use of our website and Service are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
17.7 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
17.8 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
17.9 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.10 Unless the context otherwise requires the words and expressions used in these terms and conditions shall have the same meanings as are given to them in the Copyright Designs and Patents Act 1988 together with the Copyright and Related Rights Regulations 2003.
17.11 No partnership or agency is created by your registering with FilmOn and neither party shall represent otherwise.
17.12 Neither you or FilmOn shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer. The costs of the mediator shall be borne by the party intending to bring proceedings but shall be subject to the mediation in any event. This clause shall not apply to the extent that one party requires immediate injunctive relief to protect its interests hereunder.
Customer payments to FilmOn.com are not refundable under any circumstances, except at the discretion of Company management and are to be considered forfeited to the Company at the date of payment. This provision includes any denial of customer service due to any issue including but not limited to network, technical or content licensing factors.
18. Notices
1. to us via e-mail using the contact form or by email to support@filmon.com
2. to you at either the e-mail or postal address you provide during the registration process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
FilmOnX Terms of Use
Herein are content & services Provided by FilmOnX Inc. Therefore the company’s Terms and Conditions are also included in this document.
Effective as of July 31st, 2012
Welcome to FilmOnX.com (“Site”) operated by FilmOnX (“FilmOnX”). FilmOnX is an on-line platform that Members may use to access broadcast television and other content. Please read these Terms of Use (“Terms”), which set forth the legally binding terms governing your use of this Site, as well as the FilmOnX platform. If you have a question about FilmOnX, please feel free to contact support@FilmOnX.com.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS INCLUDING YOUR AGREEMENT TO SUBMIT CERTAIN CLAIMS TO ARBITRATION.
By visiting and/or using the Site and/or becoming a FilmOnX.com member, whether on a trial or permanent basis, (“Member”) you agree to be bound by these Terms. If you do not agree to these terms do not visit or use the Site or become a Member. To be eligible to become a FilmOnX Member, you must click on “Join Now” on the FilmOnX home page. Once you submit the requested information, subject to capacity and verifying your eligibility, we will send you an invitation to become a Member.
In these Terms, “you” and “your” refer to each visitor to the Site and/or Member and his or her agents (unless the context requires otherwise). “We,” “us” and “our” refer to FilmOnX.
We reserve the right, at our sole discretion, to amend and/or change these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
In addition, when using the Site, the Equipment and/or the Platform (all as defined below), you shall be subject to any additional terms applicable to such use that may be posted on the Site, including, without limitation, the Privacy Policy Privacy Policy. All such terms are hereby incorporated by reference into these Terms.
RIGHT TO USE FilmOnX EQUIPMENT AND PLATFORM
14. FilmOnX makes available to its Members certain equipment including a remote antenna and tuner (“Antenna Equipment”) and a remote digital video recorder (“DVR Equipment”) (together the “Equipment”). Members may utilize the Equipment to access and manage over the air broadcast television signals remotely via the Internet utilizing supported personal devices including smart phones, tablets, personal computers, netbooks and certain other types of devices capable of internet connection (collectively “Supported Devices”).
15. The Equipment is only available to trial and permanent FilmOnX Members. Your Membership provides you with a right to use the Equipment as set forth in, and subject to, these Terms. In connection with your Membership, subject to these Terms, FilmOnX hereby grants you a non-exclusive, non-transferable, limited right to use and control the Antenna Equipment to access over-the-air broadcast television broadcast content within your Home Market and to use and control the DVR Equipment in connection with your Supported Devices solely to record, store and play-back over the air broadcast content accessed using the Antenna Equipment. "Home Market," as used herein, means and is limited to those terrestrially broadcast channels that are available to you at your residential address using an effective antenna. The right granted in this paragraph does not include, and specifically excludes, any right to view over-the-air broadcast content from outside your Home Market. It also specifically excludes the right to use the DVR Equipment with respect to over-the-air broadcast television outside of the Home Market. FilmOnX does not guarantee reception of any particular channel.? The address that you provided in connection with registering for an FilmOnX trial or permanent Membership must be your residential address and must be within one of the follow locations: New York, Chicago, Los Angeles Minneapolis/St Paul zipcodes
16. In addition to the Equipment, FilmOnX offers certain products and/or features in connection with your Membership, including a program guide, social networking capabilities and certain video programming content (“Video Programming”) other than over-the-air broadcast content (all of the capabilities of the FilmOnX system, including the Equipment, constitute the “FilmOnX Platform”). Subject to terms and conditions of these Terms, FilmOnX hereby grants you a non-exclusive, non-transferrable, limited license to use the FilmOnX Platform, in connection with your Supported Devices, to access the guide, social networking capabilities and Video Programming and to utilize the DVR Equipment in connection with such Video Programming.
17. Your right to use the Equipment and/or Platform is for a term that continues until your Membership ends or is terminated by you or FilmOnX.
18. You may not use the Site, Equipment, Platform and/or and any materials or content contained or embodied therein for any commercial purpose whatsoever.
MEMBERSHIP AND BILLING
6. You may only register for a FilmOnX Membership if you live within the FilmOnX Market and you must register for the FilmOnX Membership using your residential address. You may only use the Site and the Equipment to receive television signals that are available in your Home Market. You may not use or attempt to use the Site and/or Equipment to access signals that are not available in your Home Market or register for a Membership outside of the FilmOnX Market, including, without limitation, by providing a false home address, using a business address, by using another person’s login and password or by any other method that misrepresents or conceals your residential address. FilmOnX reserves the right to verify your residential home address using your Internet Protocol address, your billing information, geo-location and any other information that you provide to FilmOnX, as well as any publicly available information.
7. You may be eligible for a free trial (“Free Trial”). The Free Trial lasts for one month unless otherwise specified. If you or any member of your household has been a FilmOnX Member previously, you are not eligible for a Free Trial. In order to begin a Free Trial, you must become a registered Member in accordance with the Terms herein. In connection with a Free Trial, you must provide a valid credit card or other acceptable form of payment (“Payment Method”). While FilmOnX will not apply any charges to your Payment Method during the Free Trial, up to one month of charges will be authorized on your Payment Method at the inception of the Free Trial. On or before the conclusion of the Free Trial, you may cancel your Membership by signing into your account and clicking “cancel.” If you do not cancel your Membership on or before the conclusion of the Free Trial, we will begin billing your Membership and will continue billing your Membership until such time as you or FilmOnX cancel your Membership.
8. You may be eligible to register for a monthly or annual Membership. All Memberships, in whatever form or for whatever duration, are subject to these Terms. Our Membership fees are subject to change without notice.
9. You Membership may automatically renew under this agreement. Your Membership will continue for the length of time that you elected at registration and then it will automatically renew for additional pre-paid periods of the same length at the Membership price then in effect unless you cancel by signing into your account and clicking “cancel” as set forth above.
10. You may also be offered a promotional Membership (“Promotion”). In order to be eligible for a Promotion, you must register for a Membership in accordance with these Terms and a promotional Membership is subject to these Terms.
11. our Membership includes the right to use the Equipment and the FilmOnX Platform. From time to time, there may be Video Programming available on the FilmOnX Platform for which you will be charged a fee if you elect to view it. Such charges for certain “video-on-demand” content is in addition to your monthly Membership fee and will be separately charged to your Payment Method.
12. You are solely responsible for any charges for Internet access, data usage, mobile charges and/or any other charges that you incur while using the Site, the Equipment and/or the Platform.
13. By signing up for an FilmOnX Membership (other than with respect to any Free Trial as set forth in these Terms), you are authorizing FilmOnX or its designated payment processor to charge a monthly Membership fee at the then current rate as well as any other charges that you may incur for paid content that you access on the FilmOnX Platform. All payments are to be made in United States dollars. You are responsible for all applicable charges, including any sales or use tax, duties or other governmental taxes or fees payable in connection with your purchase, and FilmOnX reserves the right to collect such taxes or other fees from you at any time. FilmOnX may change its Membership pricing at any time or add new fees and charges from time to time, but will provide advance notice to you of these changes by email. If a credit card reaches its expiration date, you must update your account to be authorized to continue use of the FilmOnX Platform. Under all circumstances, you remain responsible for any charges that you incur in connection with your use of the FilmOnX Platform.
14. ALL PAYMENTS ARE NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR UNUSED PERIOD OR PARTIAL MONTHS.
15. We reserve the right to terminate your Membership or access to the FilmOnX Platform for any reason or for no reason. Without limitation on the foregoing, if you violate these Terms, your right to use the Equipment and/or Platform automatically terminates.
INTELLECTUAL PROPERTY
5. This Site contains information about and related to FilmOnX including advertising, logos, trademarks, pictures, videos, information, digital images, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although FilmOnX makes this Site accessible, FilmOnX does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal DVR use in accordance with the paragraph below), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on this Site.
6. FilmOnX and the FilmOnX logo (“FilmOnX Marks”) are trademarks of FilmOnX. Other trademarks, service marks, graphics, logos and or domain names appearing on this Site and/or in connection with the FilmOnX Platform may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third party trademarks, service marks, graphics, logos and/or domain names.
7. FilmOnX does not own the copyrights and other intellectual property rights in any broadcast television programming that you choose to view using the Equipment. FilmOnX provides only the Equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the Equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of (except for recordings on the FilmOnX Platform) and/or disseminating any over-the air broadcast content that you chose to access using the FilmOnX Equipment.
8. FilmOnX has and retains exclusive ownership of all right, title, and interest in and to the Equipment and the FilmOnX Platform, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, FilmOnX retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Equipment and/or Platform. You acknowledge that your use of the Equipment and/or Platform may require software that is licensed, sold and/or provided to you by third parties and is included on your Supported Devices ("Third Party Software"). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software.
9. You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Equipment and/or the Platform or in any way derive from the Equipment and/or Platform any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the Equipment and/or Platform or any content that you access utilizing the Equipment and/or Platform.
10. FilmOnX, and the FilmOnX logo, are trademarks of FilmOnX. Our trademarks may not be used to identify products or services that are not FilmOnX’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that FilmOnX sponsors or endorses your products or services.
11. All references to third party products, services, companies, television stations, networks, programs, and Web sites on this Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that FilmOnX is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners.
12. FilmOnX makes no representation whatsoever regarding the content of any other Web sites accessible through or from the FilmOnX Site. FilmOnX has no control over the contents of the Web sites of third parties. A link out to a non-FilmOnX Web site does not mean that FilmOnX endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site.
13. FilmOnX makes no warranties or representations regarding the over-the-air broadcast content or FilmOnX Programing available through the Site, FilmOnX Equipment and/or FilmOnX Platform. Without limitation on the foregoing, FilmOnX does not represent or specify that any content available through your Membership is appropriate for all ages. FilmOnX does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.
COPYRIGHT COMPLAINTS
6. FilmOnX respects the intellectual property of others, and we ask our users to do the same. FilmOnX will promptly process and investigate notices of alleged infringement on the Site and will take actions as appropriate under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been “used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, send an email to FilmOnX@gmail.com
• FilmOnX's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached FilmOnX@gmail.com
• The maintenance of these notice procedures is not an indication that FilmOnX will take any specific action in response to any specific notice provided by any specific third party. FilmOnX hereby reserves its right to take or refrain from taking any action it deems appropriate in its sole discretion in response to any notice it receives hereunder.
• Repeat Infringer Policy: In accordance with the DMCA and other applicable law, FilmOnX has adopted a policy of terminating, in appropriate circumstances and at FilmOnX's sole discretion, Members who are deemed to be repeat infringers. FilmOnX may also at its sole discretion limit access to the Site, Equipment and/or Platform and/or terminate the Memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
USE OF THE SITE AND EQUIPMENT
3. The Site, Equipment and/or Platform are for your personal, noncommercial use.
4. You may not access or use this Site in any way that could or is intended to damage, disable, overburden, or impair the operation of this Site, or any server or network underlying this Site, or that interferes with any other party’s use and enjoyment of this Site.
5. You may not make or attempt any unauthorized access to any data, information, system, networks, or servers on which this Site is hosted, including, without limitation, accessing or attempting to access Equipment and/or the FilmOnX Platform other than that which is available through your Membership. You may not modify or alter this Site in any way, nor may you attempt to do so.
6. You may not transfer or attempt to transfer material available on FilmOnX’s Site and/or through your use of the Equipment and/or Platform, to another storage device or medium other than the DVR Equipment for your personal use.
7. You may not use the Site, the Equipment and/or the Platform for any purpose that is unlawful, fraudulent, or prohibited by these Terms.
8. You must be eighteen years of age or older to become an FilmOnX Member. Individuals under the age of eighteen may visit this Site and/or utilize an FilmOnX Membership of a parent or guardian only under the direct supervision of that parent or guardian. It is the obligation of the parent or guardian to monitor the use of anyone under the age of eighteen who is using their Membership.
9. FilmOnX may, in its sole discretion, add, remove and/or change the content of the Site, the Equipment and/or features of the FilmOnX Platform.
SOCIAL MEDIA
1. In connection with your Membership, you may have access to certain social media features. You may enable such features in connection with your FilmOnX Membership and/or log in to FilmOnX via various online third party services such as Facebook or Twitter (“Third Party Services”). To take advantage of these features, we may have to authenticate, register for or log into Third Party Services on the websites of their respective providers. By logging into or enabling Third Party Services within your Membership, you are allowing us to pass your log-in information to these providers for this purpose. For more information about the implications of activating these Third Party Services and FilmOnX’s use, storage and disclosure of information related to you and your use of such services within FilmOnX (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and FilmOnX shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within FilmOnX.
2. You are solely responsible for any and all material that you post, re-post, share or otherwise participate in, in connection with FilmOnX whether on the FilmOnX Platform and/or any social media site. Any content that you post, whether in the form of text, photos, or other images, must be owned entirely by you and cannot infringe any right, including without limitation copyright, of any third party. You are specifically prohibited from posting any content which is infringing, obscene, hateful, racially or ethnically offensive, defamatory or otherwise offensive or constitutes an invasion of privacy or infringes a right of publicity. You hereby agree to indemnify FilmOnX against all claims, injury and/or damages including, without limitation, attorney’s fees, that arise from any material that you post on any forum or social networking site in connection with FilmOnX and/or any other claim related to your use of social media.
3. FilmOnX reserves the right to remove any material that you post to any social networking site that appears on the FilmOnX Site and/or Platform. In addition, upon request by FilmOnX, you agree to remove any material that you have posted to any Third Party Service and/or social networking site in connection with your FilmOnX Membership.
4. You hereby grant FilmOnX an irrevocable perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site in connection with FilmOnX.
5. Third party applications, software, and websites may be accessible through this Site and/or in connection with your FilmOnX Membership. Your use of such third party resources is subject to the terms and conditions of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources through the Site and/or Membership and you are responsible for all such fees.
6. All references to third party products, services, companies, television stations, networks, programs, and Web sites on this Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that FilmOnX is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners.
7. FilmOnX makes no representation whatsoever regarding the content of any other Web sites or any over the air broadcast television accessible through or from the FilmOnX Site. FilmOnX has no control over the contents of the Web sites of third parties and/or the content of over the air broadcast television. A link out to a non-FilmOnX Web site does not mean that FilmOnX endorses or accepts any responsibility for the content or use of such Web site or broadcast television content or any product, service or other material offered on that site or through that content.
SECURITY
1. In connection with registering as an FilmOnX Member, you will be provided a user name and password. Your username and password are solely for your personal use and are not to be shared with anyone else under any circumstances. You are responsible for maintaining the confidentiality of your username and password. We reserve the right to terminate your Membership in our sole discretion if you violate this policy.
2. If you believe that your user name and/or password have been lost or compromised and/or you have any concern about its security, you should promptly log in to your account and change your user name and/or password to prevent any unauthorized use. If you give your username and password to another person, or through negligence allow another person to use your username and password, you are fully responsible for their actions and hereby agree to pay any and all fees, costs and expenses incurred by any other person using your name and/or password, and to indemnify FilmOnX against any loss or damage resulting from any improper use of usernames and/or passwords provided to you.
PRIVACY
FilmOnX respects your privacy. Please carefully read our Privacy Policy, which is hereby made a part of these Terms of Use.
WARRANTY, DISCLAIMERS AND INDEMNITY
1. You agree to defend, indemnify and hold harmless FilmOnX, together with its subsidiaries, affiliates, officers, employees and agents, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, use of the Equipment and/or FilmOnX Platform and/or your breach or alleged breach of these Terms.
2. This Site, its contents, the Equipment and the FilmOnX Platform are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, WHETHER express, implied or statutory, INCLUDING BUT NOT LIMITED TO THE implied warrantY of merchantability, fitness for a particular purpose, TITLE AND NON-INFRINGEMENT.
3. You understand and agree that your use of the Site, the Equipment and/or the Platform is solely at your own risk and that you will be solely responsible for any damage to your Supported Devices or any other equipment or loss of data that may result from your use of or inability to use this Site, the Platform and/or the Equipment and/or any viruses, worms and/or other types of Internet attacks.
4. The Equipment receives broadcast television signals from the public airwaves. Reception of signals using the Equipment, including any particular program or the signal of any particular station, may be degraded or interrupted by interference caused by weather, atmospheric phenomena, other radio frequency equipment, disruptions of or changes to a television station’s transmission equipment. In addition, your access to the Equipment may be degraded or interrupted by network connectivity problems, power outages, or software or hardware incompatibilities. The Site, the Platform and the Equipment may be subject to such interruption or downtime.
5. WITHOUT LIMITING ANY OF THE FOREGOING, FilmOnX makes no warranties that this Site, any material obtained herein, or your use of the Equipment and FilmOnX Platform will meet your requirements, or that your use of this Site, the Equipment and/or the FilmOnX Platform will be uninterrupted, timely, secure, or error-free. FilmOnX shall not be liable or responsible for any errors, interruptions and/or omissions in connection with any Member's use of the Equipment and/or Platform, including but not limited to intermittent or interrupted service, erroneous deletions, failed recordings, and/or inability to schedule recordings or otherwise utilize the Equipment and/or Platform. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FilmOnX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FilmOnX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE, EQUIPMENT AND/OR PLATFORM; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE, EQUIPMENT AND/OR PLATFORM; OR (III) ANY OTHER MATTER RELATING TO THE SITE, EQUIPMENT AND/OR PLATFORM INCLUDING WITHOUT LIMITATION ANY MATERIALS THAT YOU CHOOSE TO ACCESS USING THE EQUIPMENT AND/OR PLATFORM AND/OR ANY DATA OR INFORMATION THAT YOU POST IN CONNECTION WITH THE FilmOnX PLATFORM. IN NO EVENT WILL FilmOnX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FilmOnX SITE, EQUIPMENT AND/OR PLATFORM OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF FilmOnX’S SITE, EQUIPMENT AND/OR PLATFORM.
MISCELLANEOUS
1. If any provision of these Terms is deemed unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
2. These Terms constitute the entire agreement between you and FilmOnX regarding this Site, Equipment and/or Platform and supersede all prior agreements and understandings with respect to the subject matter of these Terms of Use.
3. These Terms, as well any claims arising out of and/or related to these Terms, the Site, the Equipment and/or the Platform shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Except only for those claims that are to be submitted to Arbitration as set forth below, you agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, the Site, The Equipment and/or the Platform shall be brought exclusively in the courts of the State of New York or the U.S. District Courts for New York. You and FilmOnX agree to submit to the personal jurisdiction of the courts located within the State of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
4. Any failure by us to enforce any of our rights under these Terms at any time shall not constitute a waiver of such right.
DISPUTE RESOLUTION AND ARBITRATION
THIS SECTION PROVIDES THAT CERTAIN DISPUTES, EXCEPT THOSE NOTED BELOW IN PARAGRAPH 3 OF THIS SECTION, MAY BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING THOSE DISPUTES TO A COURT, INCLUDING THE RIGHT TO A JURY TRIAL.
"Disputes" as used in this section refers all legal claims relating to the Site, the Equipment, the FilmOnX Platform and/or these Terms except those claims expressly set forth below in paragraph 3 of this section. The claims set forth in paragraph 3 of this section are not subject to arbitration and FilmOnX does not consent to arbitration with respect to such claims. Disputes, other than paragraph 3 exceptions, will be resolved as follows in paragraph 1, 2 and 4:
1. Informal Claim Resolution: Neither of us may commence arbitration for at least 60 days after one of us notifies the other of a Dispute in writing. You may notify us of a Dispute by sending a notice describing the Dispute by email to FilmOnX@gmail.com - If we initiate a Dispute, we will send our notice to your billing address on file with us.
2. Formal Resolution By Arbitration: If we cannot resolve a Dispute informally, including any Dispute between us, and any Dispute by either of us against any agent, employee, successor, or assignee of the other, then the Dispute(s) shall be resolved exclusively and finally by binding arbitration to take place in New York, New York. You consent to jurisdiction within the State of New York for such arbitration and waive any objection to jurisdiction in New York. The arbitration will be conducted by JAMS according to their Streamlined Arbitration Rules.
3. CLAIMS NOT SUBJECT TO ARBITRATION: Notwithstanding the foregoing or anything to the contrary in these Terms, any claim brought against FilmOnX by a commercial entity rather than an individual is not subject to arbitration and FilmOnX does not consent to arbitration with any commercial entity. In addition, any dispute and/or claim concerning and/or alleging unfair competition, violation of the Lanham Act, violation of the Communications Act of 1934, 47 U.S.C. §605, violation of the Telecommunications Act of 1996, violation of the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, violation of the Digital Millennium Copyright Act, 17 U.S.C. §§512 and 1201 et seq. or any alleged violation, infringement, piracy, theft and/or conversion of intellectual property rights, including without limitation copyright, trademark, domain name, rights of publicity and/or privacy and/or patent claims, is not subject to arbitration and FilmOnX does not consent to arbitration of any such claims. The claims set forth in this paragraph, as well as any claims regarding the applicability of this paragraph to a particular claim, may and must be decided only by a court of competent jurisdiction in New York as set forth in the jurisdictional and choice of law provisions set forth in paragraph 3 under “Miscellaneous” above. THE CLAIMS SET FORTH AND DESCRIBED IN THIS PARAGRAPH ARE NOT SUBJECT TO ARBITRATION UNDER ANY CIRCUMSTANCES AND FilmOnX MAKES NO AGREEMENT TO ARBITRATE SUCH CLAIMS.
4. Class Actions and Severability: If either party utilizes arbitration to resolve a Dispute, that Dispute shall be arbitrated on an individual basis. There shall be no right for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other Members, or other persons similarly situated. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Dispute submitted to arbitration (“Class Action Waiver”). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to these Terms and to the arbitration of Disputes between the parties and is non-severable from this agreement to arbitrate Disputes. 'Dispute' does not include any challenge to the validity and effect of the Class Action Waiver, which must be decided by a court in New York as set forth in paragraph 3 under “Miscellaneous” above. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this arbitration agreement or the Class Action Waiver is limited, voided or cannot be enforced, then the parties' agreement to arbitrate (except for this sentence) shall be null and void, subject to the right to appeal the limitation. By using the Site, Equipment and/or Platform, I acknowledge and agree that I have read these Terms of Use carefully and that I agree to and accept these Terms of Use, including the Privacy Policy that is incorporated into these Terms of Use.