Terms of Service
Thank you for your interest in using the online service (the "Service") operated by Popcornflix, LLC. ("Popcornflix"). These Terms of Service (the "Terms") govern your use of the Service, your use of any software that Popcornflix makes available to users of the Service (the "Software"), and your use of the Popcornflix Web site currently located at www.popcornflix.com (the "Site"). In these Terms, the Service, the Software, and the Site are collectively referred to as the "Popcornflix Network." Please read these Terms carefully. By using the Popcornflix Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Popcornflix Network. The Popcornflix Network may be accessed from certain third-party Web sites. Your use of such third-party Web sites may be subject to applicable terms and conditions that are different from these Terms.
1. YOUR RESPONSIBILITIES
2. OWNERSHIP OF POPCORNFLIX'S CONTENT; RESTRICTIONS ON USE
The content on the Popcornflix Network, other than User Submissions (defined below), including without limitation, television shows, movies, clips, videos, text, software, scripts, graphics, photos, sounds, music, interactive features and the like (collectively, the "Content") and the "Popcornflix" word mark and the Popcornflix design mark, as well as certain other of the names, logos, and materials displayed on or through the Popcornflix Network that constitute trademarks, tradenames, service marks or logos ( the "Marks") are owned by or licensed to Popcornflix and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Popcornflix Network or any portion of the Popcornflix Network, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise authorized in writing by Popcornflix and its applicable licensors. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these Terms or as otherwise authorized in writing by Popcornflix and its applicable licensors. You may not incorporate the Content into any hardware or software application. The Popcornflix Network is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geofiltering and/or encryption) associated with the Content.
3. LICENSE GRANTED TO YOU
Popcornflix hereby grants you a revocable, non-exclusive, non-transferable, limited, world-wide, royalty-free license to view and embed the Content and/or User Submissions subject to the restrictions set forth below and solely for non- commercial purposes as permitted and intended by the Popcornflix Network. The foregoing license granted to you shall automatically terminate if you violate these Terms.
Popcornflix may enable you to cut and paste code (e.g., HTML) from the Popcornflix Network for the purpose of embedding the Content and/or User Submissions on your own personal Web sites or Web pages. You agree that you will not: (a) modify or cause to be modified such code; (b) modify or cause to be modified the display of any Content and/or User Submission (e.g., you will not remove any watermark, copyright notice.); or (c) use such code or any Content and/or User Submission for any commercial purpose. Further, you agree that you will not embed any Content on any website or other location that contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise, or potentially gives rise, to civil liability, violates any law, rule or regulations, infringes any right of any third party including intellectual property rights, is otherwise objectionable to Popcornflix, or links to infringing or unauthorized content.
4. COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
a) Copyright Infringement Notification. Popcornflix respects the intellectual property rights of others. Upon proper notice, Popcornflix will suspend access to the Popcornflix Network (or any portion thereof) to any user who uses the Popcornflix Network in violation of copyright law, and terminate the accounts of repeat infringers.
Pursuant to Title 17 of the U.S. Code, Section 512, Popcornflix has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Popcornflix's copyright agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Popcornflix to locate the material on the Popcornflix Network; (iii) information reasonably sufficient to permit Popcornflix to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information ("Notice of Infringement") and fax, email or mail it to the following Popcornflix copyright agent:
757 Third Avenue
New York, NY 10017
Fax: (212) 308 1791
By submitting a Notice of Infringement, you acknowledge and agree that
(a)Popcornflix may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice. Please do not send notices or inquiries unrelated to alleged copyright infringement to Popcornflix's designated agent.
(b) Counter Notification. If you believe that your content has been wrongfully removed from the Popcornflix Network, you may send Popcornflix a counter not