Last Updated July 2, 2014
3. SCOPE OF YOUR LICENSE TO USE THE SERVICES
1. sale of subscription or the requirement of any payment or consideration in exchange for access to the Services or any website that includes Content;
2. inclusion of the Services or Content in commercial publications, including books, newspapers, magazines, documentaries, films, news reports, news features, and similar material; and
3. using the Services or incorporating the Services or Content into any third-party service for the purpose of developing a service that competes with us or the Services, or for the purpose of learning about the Services in anticipation of the development of such Services.
Notwithstanding this definition, your use of the Embeddable Player to embed Content into or associate Content with a website that includes advertising is not considered revenue-generating.
Because our ability to provide Services to you is limited by the scope of the licenses that we hold, we may restrict your ability to access certain Content in order to comply with our licenses. You agree not to attempt to defeat or avoid geographic or other access restrictions, and you agree to comply with any request by us that you not access specified Content.
You may change the settings on your My Profile page to control your user Profile. By providing SnagFilms your email address you consent to our using your email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Services-related emails. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Profile Settings. Opting out will prevent you from receiving email messages regarding updates, improvements, or offers.
The Services are intended for the use of adults 18 years or older and children over the age of 13. You agree not to use the Services if you are below the age of 13 and, if you are age 13 or older, not to assist any person under the age of 13 in accessing the Services. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Service. Please have him or her read this contract with you.
NOTICE TO PARENTS AND GUARDIANS: If your child is using the Services and is under 13, please contact us immediately so that we can disable his or her access. If you have questions about whether the Services is appropriate for your child, contact us at email@example.com.
WARNING: Even if you are old enough to use the Services, some of the Content available within the Services may not be appropriate for you. Some Content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
5. NOTIFICATION PROCEDURES
6. PROHIBITED ACTIVITIES
In exchange for your access to the Services, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Services or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to attempt to:
1. modify, enhance, or otherwise alter in any way any portion of the SnagFilms (or others’) Embeddable Player or its underlying technology, including by disabling or modifying any portion of the Services in a manner that enables users to view Content without using the Embeddable Player;
2. modify, enhance, edit or otherwise alter in any way any portion of the Content streamed via (or contained on) the SnagFilms (or others’) Embeddable Player except as otherwise permitted; use technology or other means to access the Services that is not authorized by SnagFilms, including accessing the Services through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services);
3. introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. damage, disable, overburden, impair, or gain unauthorized access to the Services or our servers, computer network, or user accounts;
5. collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by SnagFilms; falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information; use our servers, networks, or other facilities for any purpose not explicitly authorized by SnagFilms, including for the transmission of messages not authorized by SnagFilms, or to interfere with or cause damage to the Services or any other service operated by us or any other party; or take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party;
6. act in a deceptive manner by, among other things, impersonating any person; misrepresent your affiliation with a person or entity, conduct fraud, hide or attempting to hide your identity;
7. harm or exploit minors; use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user;
8. distribute “spam”;
9. advertise or solicit others to purchase any product or service within the Services or otherwise use the Services for any commercial solicitation purposes; or
10. bypass the measures we may use to prevent or restrict access to the Services.
In order to protect our users from unsolicited advertising or solicitation, SnagFilms has the right to restrict the number of communications that a user may send to other users in any 24-hour period to a number that SnagFilms deems appropriate in its sole discretion. SnagFilms has the right, but not the obligation, to monitor all conduct on and User Content (defined below) submitted to the Services and to remove any User Content for any reason, including because the User Content is deemed to be inappropriate or because third parties have complained regarding the User Content.
7. USER GENERATED CONTENT
The Services contain features that allow users to post their own content and communicate with others. When your account is used to submit, post, or add content to the Services or to communicate with other users (collectively, “User Content”), you agree to accept sole responsibility for that User Content, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.
When you provide any User Content to us, you grant us, our affiliates, and our partners and designees, licensees, or sublicensees, a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, promote, prepare derivative works from and otherwise exploit all such content and material as if we were the full owner thereof, in any media formats and any media channels now known or later developed. In addition, you agree to allow us, our affiliates, and our partners and designees, licensees, or sublicensees, to use your name, identity, likeness, and other identifying characteristics for promotional or any other purposes without notifying or further compensating you. This license lasts until you terminate your SnagFilms account, except in the case of User Content that you have published, made public and/or shared with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the SnagFilms Services, except that, where applicable under local country law, you agree to waive your right to be identified as the author of any User Content on the SnagFilms Services and your right to object to derogatory treatment of such User Content.
SnagFilms is free to use any of your User Content without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SnagFilms Services.
Without limiting the generality of the foregoing, SnagFilms, its licensees and assigns have the right to: (i) display the User Content within the Services and/or on third-party websites and applications through a content embed or API; (ii) allow other users to play, download, and embed on third-party websites the User Content; (iii) use the User Content to promote SnagFilms, its funders and partners, the Services; and (iv) archive or preserve the User Content for disputes, legal proceedings, or investigations. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. SnagFilms is under no obligation to use any User Content.
1. infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
2. contain any material that could be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, indecent, sexually explicit, or hateful, or content that refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
3. be posted in a false name or the name of another person, or include impersonations of any person, except where such impersonations are obvious and are included exclusively for the purpose of parody;
4. include illegal material or encourage, solicit, or glorify illegal activity;
5. contain false statements or misrepresentations that could damage you, us, or a third party;
6. include commercial advertisements or solicitations, except if we have specifically authorized their inclusion;
7. include material that is otherwise objectionable to SnagFilms; or
8. seek to exploit children, by exposing them to inappropriate content or communications or by asking for personally identifiable information.
Please note that we use your first and last names as your user name and therefore your first and last names will appear to the public each time you post. We advise that you do not, and you should also be careful if you decide to, post additional personally identifiable information, such as your email address, telephone number, or street address.
Although we may review User Content, we do not edit or approve User Content prior to its publication. As a result, you agree that we cannot take responsibility for User Content and that we are not obligated to monitor User Content.
Following deletion or termination of your account, or if you remove any User Content from SnagFilms, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, SnagFilms and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that has been published or that other users have stored or shared through SnagFilms.
8. OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION
9. OUR INTELLECTUAL PROPERTY RIGHTS
Except for your own User Content, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except that you may use technology provided and authorized by SnagFilms, including the Embeddable Player, to Snag Content or embed Content into third-party websites as described in Section 11, below, or to “Snag A Scene” or as otherwise permitted by SnagFilms.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of content will be permitted without the express permission of SnagFilms and the copyright owner.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all SnagFilms or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to SnagFilms or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of SnagFilms or any third party.
10. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. 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;
3. information reasonably sufficient to permit us to contact the complaining party;
4. a statement that the complaining party has 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;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of infringement on the Services is:
1250 Connecticut Avenue, NW
Washington, D.C. 20036-3023
This contact information is only for suspected copyright infringement. If you would like to contact us about another matter, please email us at firstname.lastname@example.org.
We will remove any Content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
11. SNAGFILMS’ EMBEDDABLE VIDEO PLAYER
In addition, you may not link to or embed Content or any other portion of the Services, from or on any website or other publication or service that contains content that is unlawful, pornographic, obscene, indecent, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or that we determine, in our exclusive discretion, to be otherwise inappropriate.
Finally, you agree to maintain control of any posting or publication of the Embeddable Player technology that you initiate, and that control must be sufficient to allow you to delete the posting or publication upon our request. You agree that we may require that you delete any posting or publication of Content or Services, or to discontinue use of the Embeddable Player or the Services entirely, for any reason and at any time. You agree to comply with any such instruction, provided to the most recent email address that you provided to us or such other contact information that we may identify for you, as promptly as possible and, in any event, within 24 hours after the request was transmitted. You agree not to make any posting or publication of Content or Services, or to otherwise use the Embeddable Player, if you cannot retain this control or if you cannot respond to a deletion instruction from us within 24 hours.
12. LINKED WEBSITES AND ADVERTISING
As a convenience to users, we may provide links to third-party content, websites or services. We do not endorse, sponsor, control, or otherwise accept responsibility for this material.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You understand that the Services are provided purely for your entertainment, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Services, for any reason, including costs incurred while using the Services, the inaccessibility of the Services, or the costs associated with any claims you bring or try to bring against us.
We do not guarantee that we will continue to provide the Services, that the Services will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function. You agree that we will not have liability to you or to others for these changes to the Services.
IN NO EVENT SHALL SNAGFILMS OR ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “SNAGFILMS PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES).
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER THE SNAGFILMS PARTIES, NOR THEIR AFFILIATES OR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED BY SNAGFILMS.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE SNAGFILMS PARTIES’ CONDUCT WAS WILLFUL. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SNAGFILMS PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE SNAGFILMS PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT PROVIDED ON OR THROUGH THE SERVICES. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE SNAGFILMS PARTIES, NOR THEIR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS, SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
We have implemented commercially reasonable technical measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.
17. SOCIAL MEDIA
Users in certain countries will have the ability to connect their SnagFilms movie Collections and recommendations, Queues, comments and other activities with their Facebook and Twitter accounts. If you choose to connect, you will be able to take advantage of various social features. These features will be designed to share information with others. For example, your friends will be able to see your movie Collections in their newsfeeds, or they may be able to see which films you “Like.” They will also be able to see that you are a user of SnagFilms. In addition, SnagFilms has the right to personalize and otherwise enhance your user experience based on your Facebook or Twitter information, such as basic information and “Likes.” Facebook or Twitter may offer ways to manage the information you share with SnagFilms. See the Facebook or Twitter websites for details.
BY CONNECTING YOUR SNAGFILMS ACCOUNT TO YOUR FACEBOOK OR TWITTER ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK OR TWITTER, IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK OR TWITTER. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR MOVIE PREFERENCES, TO BE SHARED IN THIS MANNER, DO NOT LOG IN TO SNAGFILMS FROM FACEBOOK OR TWITTER.
18. YOUR REPRESENTATIONS AND WARRANTIES
19. OPERATED FROM THE UNITED STATES
The Services is controlled and operated from its facilities in the United States. SnagFilms makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be fully performed therein (without regard to its conflict of laws provisions). Any claim or dispute between you and SnagFilms that arises in whole or in part from the Services will be decided exclusively by a court of competent jurisdiction located in New York, New York unless submitted to arbitration as set forth in the following paragraph.
INTERNET ACCESS CHARGES. You are responsible for any costs you incur to access the internet.
FEEDBACK. You further agree that SnagFilms and its affiliates are free to use for any purpose whatsoever ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content or User Content posted in response to, as a supplement to, or in association with any other content available on or in connection with the SnagFilms Services (“Feedback”), whether oral, written or video/multimedia, that you may send to SnagFilms or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that SnagFilms has no duties to you, with respect to such Feedback.