RIGHT TO USE FILMON TV EQUIPMENT AND PLATFORM
1. In part FilmOn TV makes available to its Members and to FilmOn TV Try For Free Users remote antennas and satellite dishes to access and manage over the air and satellite 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.
2. Other channels which FilmOn licenses and or produces are delivered in other more scalable methods that include modern streaming technologies.
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 Rentals1. 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.
"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) non-pay 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 non-pay 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.
7.1 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
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.
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
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.
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.
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.
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
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.
1.2 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 firstname.lastname@example.org. 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.
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.
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.
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 youconfirm 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. All viewers, users, customers, affiliates and subscribers of the FilmOn.com site, and all of it's owned, operated or affiliated sites and apps (the "FilmOn platform"), are strictly prohibited from ever downloading or owning any of its content, for any usage at any time. Any viewing and/or usage of the FilmOn Platform constitutes your approval to abide by this irrevocable rule.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 (email@example.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 firstname.lastname@example.org
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.