Last update: 11/23/2016
These Terms of Service govern the use of Filmoch, LLC’s (“Filmoch,” “us,” “we,” or “our”) service as described below (the “Filmoch Service”). To agree to these Terms of Service, click “I agree” [below]. If you do not agree to these terms, do not click “I agree” and do not use the Filmoch Service or our mobile application or web site, www.Filmoch.com (collectively, the “Website”).
Changes to Terms of Service:
Filmoch reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the “Terms of Service” link located at the bottom of the Website. You should periodically visit the Terms of Service page on the Website so you are aware of the terms and conditions that apply to your use of the Filmoch Service and the Website. Your continued use of the Filmoch Service and the Website will represent your acceptance of the most current Terms of Service.
Description of Filmoch Service:
The Filmoch Service is provided by Filmoch, LLC The Filmoch Service is an Internet-based home entertainment service that provides access to a library of movies, images, television shows, artwork and/or other episodic content (“Content”) through your computer or mobile device, your Internet-capable television and/or a proprietary device manufactured by Filmoch or a third party who is licensed to incorporate the Filmoch Service into its device(s) (collectively, the “Filmoch Devices”). Please direct all questions regarding the Filmoch Service to [email protected].
Filmoch reserves the right in its sole and absolute discretion to change how it operates the Filmoch Service and the Website. You should not consider any description of how the Filmoch Service works to be a representation or obligation with respect to how the Filmoch Service will work in the future.
Activating the Filmoch Service:
In order to access and use the Filmoch Service, you must open an account online (“Filmoch Account”). During online setup of your Filmoch Account, these Terms of Service will be provided electronically. You can access a printable/downloadable version of these Terms of Service before selecting “I Agree” by visiting Terms of Service .
Filmoch Service Minimum Requirements:
YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, A Filmoch ACCOUNT AND A DEVICE COMPATIBLE WITH THE Filmoch SERVICE TO USE THE Filmoch SERVICE. You will be responsible for all costs associated with procuring and maintaining the Internet connectivity and device(s) necessary to access and use the Filmoch Service, including but not limited to any internet connectivity, data transmission or airtime fees charged by internet service providers or mobile phone carriers while accessing the Filmoch Service or Content. The Filmoch Service is available only, and Content can be accessed only from, within the United States of America, including the District of Columbia and Puerto Rico.
You may link up to eight (8) Filmoch Devices to your Filmoch Account in order to view Content (each, a “Linked Device”), provided such Linked Device may only be linked to a single Filmoch Account at a given time. NOTE: Computers that stream content via the Internet are not required to be linked to your Filmoch Account and will not be considered a “Linked Device”; provided, however that any computer that is used to download Content via the Filmoch To Go service will require a link to your Filmoch Account and will be considered a “Linked Device.”
Filmoch Community/Your Personal Information:
Filmoch offers you several ways to share your Filmoch experience with others and interact with other members of the Filmoch community through the Website and/or a Filmoch Device (the “Filmoch Community”). Because the features of the Filmoch Community are always changing and improving, the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in Filmoch's Terms of Service. The Filmoch Community is designed for you to share information with others.
THEREFORE, BY USING THE Filmoch COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE Filmoch COMMUNITY, USERS OF THE Filmoch SERVICE AND OTHER VISITORS TO THE Filmoch WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE Filmoch COMMUNITY FEATURES.
Use of the Filmoch Community feature is for your personal, non-commercial use and is at your own option and risk. Filmoch Community contains several different elements (e.g. blog, forum, etc.), each with its own degree of associated information sharing and features. These elements may change without notice to you, and the degrees of associated information sharing and functionality may also change without notice.
Filmoch may share information with The Digital Entertainment Content Ecosystem, LLC, the provider of the UltraViolet™ content management service, regarding your usage (including streaming and downloading) of UltraViolet™-compatible Content.
If you send us any submissions (e.g. e-mails, letters, postings to chat rooms, boards or contests), feedback, creative suggestions, ideas, notes, drawings, concepts or other information through the Filmoch Service, your Filmoch Account or any social media account Filmoch may maintain from time to time (e.g., Twitter, Facebook, etc.) (collectively, Submissions”), they will be deemed to be our property and we will not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the Submissions. We reserve the right (but not the obligation) to remove or edit any Submissions, but we do not regularly review posted Submissions.
Your Conduct on the Filmoch Website:
By accessing the Filmoch Website, you agree to use the Filmoch Service, features and functionalities associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any Submissions and/or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Filmoch Website. You also agree not to interfere with the servers or networks connected to the Filmoch Website or the Filmoch Service or to violate any of the procedures, policies or regulations of networks connected to the Filmoch Website or Filmoch Service. You also agree not to impersonate any other person while using the Filmoch Website, Filmoch Community and related features and that you will not conduct yourself in a vulgar or offensive manner while using the Filmoch Service, Website or Filmoch Community.
You are solely responsible for the activity on your Filmoch Account, including, but not limited to, any and all purchases made from your Filmoch Account, maintaining the confidentiality of your Filmoch Account password and restricting access to your Filmoch Device(s). You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the Filmoch Website. As an additional security measure, the parental controls in your account management profile allow you to restrict purchasing through your Filmoch Account by requiring that a passcode be entered prior to finalizing any purchase. If you believe that you may be victim of identity theft involving your Filmoch Account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. Filmoch reserves the right to place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. Filmoch is not obligated to credit or discount a membership for holds placed on the account by either a representative of Filmoch or by the automated processes of Filmoch.
Termination by Filmoch:
We reserve the right to terminate your Filmoch Account and/or your use and access to the Filmoch Service at any time with or without cause. If your Filmoch Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your Filmoch Account. We have no obligation to refund fees paid for Filmoch Devices or any value, monetary or otherwise, you may have accrued as Filmoch Credits.
Operational Limits/Force Majeure:
The provision of the Filmoch Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Filmoch Service, including Filmoch’s ability to stream rented or purchased movies to you, may occur as normal events in the provision of the Filmoch Service and that Filmoch is not liable for such interruptions. You further understand and agree that Filmoch is not liable for any failure of performance due to any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action or request by any government, civil or military authority, suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.
You agree to configure Filmoch Devices only in accordance with the user manual located at http://www.Filmoch.com/userguide.html. You will not, and will not allow anyone else to, open, tamper with or reverse engineer, decompile or disassemble your Filmoch Device(s) (or any software contained within) or make any modifications, additions, attachments or alterations to the Filmoch Device(s) (or any software contained within). Additionally, you agree not to, or attempt to, disclose or circumvent any security measures utilized as part of the Filmoch Service or Filmoch Device(s) (or the software contained within). You understand and acknowledge that the Filmoch Service and Filmoch Devices (or the software contained within) incorporate and utilize propriety technologies, materials and Content of Filmoch, the Content Providers and other third-party licensors that are protected by copyright, patent, trade secret and other laws and that any use or disclosure of the Filmoch Service, Content or Filmoch Devices (or the software within) contrary to these Terms of Service or any copying of the materials and/or Content residing in the Filmoch Devices will result in substantial damages to us or our licensors and subject you to civil liabilities and/or criminal penalties. The software contained within Filmoch Devices uses libraries from the FFmpeg project under the LGPLv2.1. Filmoch does not own FFmpeg. Information on FFmpeg and the LGPLv2.1, including ownership and usage, can be found at http://ffmpeg.org. The restrictions on reverse engineering set forth in these Terms of Service do not apply to FFmpeg.
Age Restrictions and Parental Control:
While Filmoch does distribute Content that may be watched by children, if you are under the age of 18, you may access and use the Filmoch Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. Filmoch is relying on your representation that you are at least 18 years of age. Filmoch would not allow you to enter these Terms of Service and would not allow you to access the Filmoch Service but for your representation that you are at least 18 years of age. Filmoch does not intentionally or knowingly collect personal information about children under the age of 13. If you are a parent or legal guardian entering into to these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of the Filmoch Service, including all financial charges and legal liability that he or she may incur. You are responsible for the viewing selections of your children, and Filmoch shall have no liability whatsoever if your child, through mistake or otherwise, views Content that may be deemed objectionable to you or your child. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Filmoch Service.
The Filmoch Service includes a parental control feature that lets you restrict access to certain Content based on the rating system of the Motion Picture Association of America. You can access Parental controls in your account profile.Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 51 2(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Filmoch, LLC, 600 West California Avenue, Sunnyvale, CA 94086; e-mail to: [email protected]; or fax to: (408) 588-4080. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to Filmoch Customer Care at [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that content or a Submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such content or Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counternotice, at our sole discretion.
Links to Third Party Websites:
The Filmoch Website may contain links to third-party sites which are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.Warranty Disclaimer; Limitation of Damages and Liability:
THE Filmoch DEVICES, Filmoch SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER Filmoch NOR THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE Filmoch DEVICES, Filmoch SERVICE OR CONTENT MADE AVAILABLE THROUGH THE Filmoch SERVICE OR THAT THE Filmoch DEVICES, Filmoch CONTENT OR Filmoch SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND Filmoch AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE Filmoch DEVICES, Filmoch SERVICE, CONTENT OR CONTENT OF THE Filmoch WEB SITE OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE Filmoch DEVICES, Filmoch SERVICE, CONTENT OR Filmoch WEBSITE. YOU AGREE THAT Filmoch MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Filmoch SERVICE, Filmoch COMMUNITY AND Filmoch COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE Filmoch SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Filmoch’S SOLE OBLIGATION FOR ANY MALFUNCTIONING Filmoch DEVICES SHALL BE AS SET FORTH IN Filmoch’S PUBLISHED LIMITED WARRANTY AGREEMENT. YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL APPLY TO THE Filmoch SERVICE OR Filmoch DEVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Filmoch AND THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY Filmoch OR CONTENT PROVIDERS, SHALL Filmoch, CONTENT PROVIDERS OR ANY OF THEIR OR Filmoch'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY) OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE THE Filmoch DEVICES OR USE OR ACCESS THE Filmoch SERVICE OR CONTENT; (ii) THE TERMINATION OF THE Filmoch SERVICE; (iii) THE INSTALLATION, INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF YOUR Filmoch DEVICES, (iv) ERRORS OR OMISSIONS IN THE CONTENT; OR (v) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE Filmoch SERVICE AND/OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Filmoch’S OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE Filmoch WEBSITE, Filmoch SERVICE, Filmoch DEVICES OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.
You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, and that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.
If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Governing Law, Determination of Disputes:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in connection with, this Agreement shall be submitted to the Superior Court in and for the County of Santa Clara, State of California (or if the Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court. Said parties hereby consent to the exclusive jurisdiction of such court and to the service of process by mail outside the State of California pursuant to the requirements of such court in any matter so to be submitted to it. Content Providers are third party beneficiaries of these Terms of Service and may enforce these Terms of Service, at law or in equity, with respect to Content or any other materials provided by it.
You agree to indemnify, defend and hold Filmoch and its affiliates, officers, agents, co- branders, licensors, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Filmoch Website, Filmoch Service or Filmoch Devices or participating in any of the foregoing programs offered by Filmoch herein, including, without limitation, your violation of these Terms of Service or your violation of any rights of another.
PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO: [email protected]
2016 Filmoch, LLC All rights reserved. All brand and product names are trademarks or registered trademarks of their respective holders.