Terms of Use
These Terms of Use are effective on December 1, 2010 for all users who register or otherwise
provide opt-in consent on or after that date.
Welcome to ReelClipsTV.com
1. TERMS OF USE
ReelClipsTV.com ("we" or "us") provides an online video service offering a selection of television shows, movies, clips,
and other video content. Our video service, the Content, our player for viewing the
Content (the "Video Player") and any other features, tools, applications, materials, or other services
offered from time to time by ReelClipsTV.com in connection with its business, however accessed, are referred to
collectively as the "ReelClipsTV.com Services."
The Content is available for permissible viewing on or through the following:
- the ReelClipsTV.com website(the "ReelClipsTV.com Web Site");
- ReelClipsTV.com affiliate and distributor websites;
- other websites where users or website operators are permitted to embed the Video Player; and
- ReelClipsTV.com authorized applications, features or devices.
Use of the ReelClipsTV.com Services (including access to the Content) on the Properties
is subject to compliance with these Terms of Use ("Terms of Use" or "Terms")
and any end user license agreement that might accompany a ReelClipsTV.com application, feature or device.
Certain ReelClipsTV.com Services are provided to you free-of-charge. There are some other ReelClipsTV.com Services that,
if you are interested in accessing, will require payment by you. The ReelClipsTV.com Services that may be
accessed after payment are referred to currently as "ReelClipsTV.com Premium." You can learn more about ReelClipsTV.com Premium
by clicking here. There is certain information in these Terms that relate only to ReelClipsTV.com Premium and
those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe
to ReelClipsTV.com Premium, then please familiarize yourself with Section 4, in addition to all of the other
provisions in these Terms (please note that references to "ReelClipsTV.com Services" throughout this
Terms of Use are intended to include ReelClipsTV.com Premium). If you are not a subscriber of ReelClipsTV.com Premium,
then Section 4 does not apply to you.
It is our pleasure to provide the ReelClipsTV.com Services for your personal enjoyment and entertainment
in accordance with these Terms of Use. To access and enjoy the ReelClipsTV.com Services, you must agree to,
and follow, the terms and conditions set forth in these Terms of Use. By visiting the ReelClipsTV.com Site
or using any of the ReelClipsTV.com Services (including accessing any Content) you are agreeing to these Terms.
Please take a moment to carefully read through these Terms. It is our goal to provide you with a first
class user experience, so if you have any questions or comments about these Terms, please contact us at: termsofuse@ReelClipsTV.com.
2. CHANGES TO THE TERMS OF USE
ReelClipsTV.com may amend these Terms of Use at any time by posting the amended Terms of Use on the ReelClipsTV.com Web Site at
http://www.reelclipstv.com/termsofuse.aspx. If we make a material amendment to these Terms of Use, we will notify you
by posting notice of the amendment on the ReelClipsTV.com Web Site. Any material amendment to these Terms of Use shall
be effective automatically 30 days after it is initially posted or, for users who register or otherwise
provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.
3. USE OF THE ReelClipsTV.com CONTENT AND SERVICES
Age Limitations. If you are under the age of 13, then you are not permitted to register
with ReelClipsTV.com or use any feature or other part of the ReelClipsTV.com Services that requires registration. In order to
subscribe to ReelClipsTV.com Premium, you must be at least 18 years of age.
Please note for those under 18 years of age, if your parent or guardian subscribes to ReelClipsTV.com Premium and
authorizes you to access his or her ReelClipsTV.com Premium account then you will not be able to access all of
the Content offered as part of the ReelClipsTV.com Premium service if we have been informed during the registration
process for the account that the primary user of such account will be under 18 years of age.
Parents and guardians and users under the age of 18 must review these Terms with each other to
make sure that each understands and agrees with them. You represent that you are at least 13 years
of age if you are registering an account, and, if you are a ReelClipsTV.com Premium user, that you are at least
18 years of age or you have received consent from your parent or guardian to access his or her ReelClipsTV.com Premium account.
Your Rights.ReelClipsTV.com is pleased to grant you a non-exclusive limited rights to use
the ReelClipsTV.com Services on the Properties, including accessing and viewing the Content on a streaming-only
basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content.You may only access and view the Content personally and for a non-commercial
purpose in compliance with these Terms. You may not either directly or through the use of any device,
software, internet site, web-based service, or other means remove, alter, bypass, avoid, 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
associated with the Content including geo-filtering mechanisms. You may not either directly or through
the use of any device, software, internet site, web-based service, or other means copy, download,
stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate,
broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted
by ReelClipsTV.com in writing. You may not incorporate the Content into, or stream or retransmit the Content via,
any hardware or software application or make it available via frames or in-line links unless expressly
permitted by ReelClipsTV.com in writing. Furthermore, you may not create, recreate, distribute or advertise an
index of any significant portion of the Content unless authorized by ReelClipsTV.com. You may not build a business
utilizing the Content, whether or not for profit. The Content covered by these restrictions includes
without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials,
and stills. 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, including montages, mash-ups and similar
videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by
ReelClipsTV.com in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player.You may not modify, enhance, remove, interfere with, or otherwise
alter in any way any portion of the Video Player, its underlying technology, any digital rights
management mechanism, device, or other content protection or access control measure incorporated
into the Video Player. This restriction includes, without limitation, disabling, reverse engineering,
modifying, interfering with or otherwise circumventing the Video Player in any manner that enables
users to view the Content without: (i) displaying visibly both the Video Player and all surrounding
elements (including the graphical user interface, any advertising, copyright notices, and trademarks)
of the webpage where the Video Player is located; and (ii) having full access to all functionality of
the Video Player, including, without limitation, all video quality and display functionality and all
interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player.Where ReelClipsTV.com has incorporated an embed option
in connection with Content on the ReelClipsTV.com Services, you may embed videos using the Video Player, provided
you do not embed the Video Player on any website or other location that (i) contains or hosts content
that is unlawful, infringing, pornographic, obscene, 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 is otherwise inappropriate or objectionable
to ReelClipsTV.com (in ReelClipsTV.com's sole discretion), or (ii) links to infringing or unauthorized content
(collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or
software application, even for non-commercial purposes. ReelClipsTV.com reserves the right to prevent embedding
to any website or other location that ReelClipsTV.com finds inappropriate or objectionable
(as determined by ReelClipsTV.com in its sole discretion).
Ownership. You agree that ReelClipsTV.com owns and retains all rights to the ReelClipsTV.com Services.
You further agree that the Content you access and view as part of the ReelClipsTV.com Services is owned or
controlled by ReelClipsTV.com and ReelClipsTV.com's licensors. The ReelClipsTV.com Services and the Content are protected by copyright,
trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the ReelClipsTV.com Services safe and available for everyone to use,
we all have to follow the same rules of the road. You and other users must use the ReelClipsTV.com Services for lawful,
non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to
observe the ReelClipsTV.com Services, Content, Video Player and embedding restrictions detailed above, and further agree
that you will not access the ReelClipsTV.com Site or use the ReelClipsTV.com Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the ReelClipsTV.com Services (including the Content) that is not authorized by ReelClipsTV.com (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the ReelClipsTV.com Services);
- involves accessing the ReelClipsTV.com Services (including the Content)through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible 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 ReelClipsTV.com Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces 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;
- damages, disables, overburdens, impairs, or gains unauthorized access to the ReelClipsTV.com Services, including ReelClipsTV.com's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the ReelClipsTV.com Services (including the Content);
- uses the ReelClipsTV.com Services to advertise or promote services that are not expressly approved in advance in writing by ReelClipsTV.com;
- collects personally identifiable information in violation of ReelClipsTV.com's Privacy Policy;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by ReelClipsTV.com;
- interferes with any other party's use and enjoyment of the ReelClipsTV.com Services; or
- attempts to do any of the foregoing.
If ReelClipsTV.com determines in its sole discretion that you are violating any of these Terms, we may (i) notify you,
and (ii) use technical measures to block or restrict your access or use of the ReelClipsTV.com Services.
In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use)
the ReelClipsTV.com Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or
attempt to restore such access or use.
No Spam/Unsolicited Communications.We know how annoying and upsetting it can be to receive unwanted
email or instant messages from people you do not know. Therefore, no one may use the ReelClipsTV.com Services to harvest information
about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications.
You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering,
utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise
send spam, advertising, or other unsolicited communications of any kind through the ReelClipsTV.com Services, you acknowledge that you will
have caused substantial harm to ReelClipsTV.com and that the amount of such harm would be extremely difficult to measure. As a reasonable
estimation of such harm, you agree to pay ReelClipsTV.com US$200 for each such unsolicited communication you send through the ReelClipsTV.com Services.
Downloads. In order to participate in certain ReelClipsTV.com Services or access certain Content, you may be notified that
it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by
these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation.We hope not to, but we may change, suspend, or discontinue — temporarily or permanently —
some or all of the ReelClipsTV.com Services (including the Content and the devices through which the ReelClipsTV.com Services are accessed), with respect
to any or all users, at any time without notice. You acknowledge that ReelClipsTV.com may do so in ReelClipsTV.com's sole discretion. You also agree that
ReelClipsTV.com will not be liable to you for any modification, suspension, or discontinuance of the ReelClipsTV.com Services, although if you are a
ReelClipsTV.com Premium subscriber and ReelClipsTV.com suspends or discontinues the ReelClipsTV.com Premium service, ReelClipsTV.com may, in its sole discretion, provide you
with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account)
in accordance with Section 4 below. However, if ReelClipsTV.com terminates your account or suspends or discontinues your access to
ReelClipsTV.com Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges.You are responsible for any costs you incur to access the internet.
Customer Service.If we can be of help to you, please do not hesitate to contact our customer service
department by clicking here. It would be our pleasure to serve you.
4. ReelClipsTV.com PREMIUM SUBSCRIPTION AND BILLING
While it is our mission to provide users with as many viewing choices as possible, sometimes that involves
giving users the choice of paying a fee in order to view Content that ReelClipsTV.com would not otherwise be able to
make available without charging a fee. As part of that, access to the Content in ReelClipsTV.com Premium requires payment by you of a subscription fee.
You can find the specific details regarding your subscription to ReelClipsTV.com Premium at any time by clicking on Your Account.
You agree that your ReelClipsTV.com Premium account is for individual use only and your ReelClipsTV.com Premium account is limited to only one
simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content
licensors and other limitations or considerations from third parties, certain Content that may be accessible through
one Property may not be accessible through other Properties.
Because the ReelClipsTV.com Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Use
begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
Billing.
By signing up for your ReelClipsTV.com Premium subscription, you are expressly agreeing that we are authorized to
charge you a monthly subscription fee, any other fees for additional services you may purchase, and
any applicable taxes in connection with your use of ReelClipsTV.com Premium to the credit card or other payment
method accepted by ReelClipsTV.com ("Payment Method") that you provided during registration. If you want to use a
different Payment Method than the one you signed up for during registration, or if there is a change in
your credit card validity or expiration date, you may edit your Payment Method information by clicking
on Your Account. If your Payment Method expires and you do not edit your Payment Method information or
cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable,
against your Payment Method. The subscription fee will be billed at the beginning of your subscription
or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal
thereafter unless and until you cancel your subscription or the account or service is otherwise
suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period,
go to the billing information section on Your Account page.
We automatically bill your Payment Method each month on the calendar day corresponding to the
commencement of your subscription. However, if you change your Payment Method, this could result
in changing the calendar day upon which you are billed. In the event your subscription began on
a day not contained in a given month, we bill your Payment Method on the last day of such month.
For example, if you became a paying subscriber on January 31, your Payment Method would next be
billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers,
changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your
Payment Method for the corresponding amounts. If ReelClipsTV.com changes the subscription fee or other charges for ReelClipsTV.com Premium
from time to time, we will give you advance notice of these changes by email. However, we will not be able to
notify you of changes in any applicable taxes.
All fees and charges are nonrefundable except in connection with your early cancellation of
the account as further described in "Ongoing Subscription" below. Very rarely, if there are
special circumstances where ReelClipsTV.com determines it is appropriate (e.g., the ReelClipsTV.com Premium service is
unavailable for days due to technical difficulties), we may provide credits to affected subscribers.
The amount and form of such credits, and the decision to provide them, are at ReelClipsTV.com's sole and
absolute discretion, and the provision of credits in one instance does not entitle anyone to
credits in the future under similar or different circumstances.
Ongoing Subscription and Cancellation.
Your ReelClipsTV.com Premium subscription will continue in effect on a month-to-month basis unless and until
you cancel your subscription or the account or service is otherwise suspended or discontinued
pursuant to these Terms. You must cancel your subscription before it renews each month in order
to avoid the next month's billing. We will bill the monthly subscription fee plus any applicable
taxes to the Payment Method you provide to us during registration (or to a different Payment Method
if you change your account information). If you cancel your subscription during the first month,
you will not receive a refund for that first month but, unless you elect to cancel your subscription
using the "Cancel Today" option, you will continue to have access to ReelClipsTV.com Premium for the remainder
of that month. If you cancel your subscription after the first month, then your access to ReelClipsTV.com Premium
will cease for the remainder of that month, and you will receive a refund prorated for the number of
days remaining in the month during which you cancelled. You can cancel your account by going to
Your Account, choosing to "edit" your subscription under "Billing Information" and clicking on the "cancel" option.
Unpaid Amounts.
In order to sustain the ReelClipsTV.com Premium service, it is important that each user of the ReelClipsTV.com Premium
service honor the payment obligations to which the user agreed. Accordingly, we reserve the
right to pursue any amounts you fail to pay in connection with ReelClipsTV.com Premium. You will remain liable
to ReelClipsTV.com for all such amounts and all costs we incur in connection with the collection of these amounts,
including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
Free Trials.
On occasion, we may be authorized to offer the use of ReelClipsTV.com Premium through free trials for certain qualifying users.
If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material
describing the particular free trial. We are unable to accommodate combining free trials with any other offers.
To view the specific details regarding your free trial, if any, click on Your Account.
Once your free trial period ends, we will begin billing your Payment Method for monthly subscription
fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to
the end of your free trial. For that reason, unless otherwise indicated in the free trial description,
you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from ReelClipsTV.com that your free trial
subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your
Payment Method, you must cancel ReelClipsTV.com Premium prior to midnight Eastern Time on the last day of your free
trial period. You can cancel your account by going to Your Account, choosing to "edit" your subscription under
"Billing Information" and clicking on the "cancel" option. We will continue to bill your Payment Method on a
monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or
discontinued pursuant to these Terms. You may cancel your subscription at anytime. To the extent ReelClipsTV.com Premium
subscriptions are offered in conjunction with purchases of, or payment for, third party products or services,
you agree that ReelClipsTV.com will not be liable to you for any claims arising out of or related to your purchase or use
of such third party products or services.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with ReelClipsTV.com.
If at any time you choose to register or create an account with us, the additional terms and conditions set forth
below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential.
You will not have to reveal it to any ReelClipsTV.com representative. You are responsible for all use on your account,
including unauthorized use by any third party, so please be very careful to guard the security of your password.
Please notify us by clicking HERE and completing the form as soon as you know of, or suspect any unauthorized use
of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by going to Your Account, and choosing the "delete my account" option.
Please identify your account and provide a valid reply email address in the event we require additional
information to terminate your account. Please note, if you are a ReelClipsTV.com Premium subscriber you must
first cancel your ReelClipsTV.com Premium subscription before you will be able to terminate your account.
Please see the section "Ongoing Subscription and Cancellation" above for instructions on how
to cancel your ReelClipsTV.com Premium subscription.
We reserve the right to immediately terminate or restrict your account or your use of the
ReelClipsTV.com Services or access to Content at any time, without notice or liability, if ReelClipsTV.com determines
in its sole discretion that you have breached these Terms of Use, violated any law, rule, or
regulation, engaged in other inappropriate conduct, or for any other business reason. We also
reserve the right to terminate your account or your use of the ReelClipsTV.com Services or access to Content
if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid
such termination; therefore, we may use technology to limit activities, such as the number of calls
to the ReelClipsTV.com servers being made or the volume of User Material (as defined below in Section 7) being Posted,
and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about ReelClipsTV.com's policies and practices regarding the collection and use of your personally
identifiable information, please read ReelClipsTV.com's Privacy Policy located here. The Privacy Policy is incorporated
by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your
presence on the ReelClipsTV.com Site and use of the ReelClipsTV.com Services on any of the Properties are governed by the ReelClipsTV.com
Privacy Policy in effect at the time of your use.
7. LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations.
If we provide links or pointers to other websites or destinations, you should not infer or
assume that ReelClipsTV.com operates, controls, or is otherwise connected with these other websites or
destinations. When you click on a link within the ReelClipsTV.com Services, we will not warn you that you
have left the ReelClipsTV.com Services and are subject to the terms and conditions (including privacy policies)
of another website or destination. In some cases, it may be less obvious than others that you
have left the ReelClipsTV.com Services and reached another website or destination. Please be careful to read
the terms of use and privacy policy of any other website or destination before you provide any
confidential information or engage in any transactions. You should not rely on these Terms to
govern your use of another website or destination.
ReelClipsTV.com is not responsible for the content or practices of any website or destination other than the ReelClipsTV.com Site,
even if it links to the ReelClipsTV.com Site and even if the website or destination is operated by a company affiliated
or otherwise connected with ReelClipsTV.com. By using the ReelClipsTV.com Services, you acknowledge and agree that ReelClipsTV.com is not
responsible or liable to you for any content or other materials hosted and served from any website or
destination other than the ReelClipsTV.com Site.
Advertisements. ReelClipsTV.com takes no responsibility for advertisements or any third party material
Posted on any of the Properties, nor does it take any responsibility for the products or services
provided by advertisers. Any dealings you have with advertisers found while using the ReelClipsTV.com Services
are between you and the advertiser, and you agree that ReelClipsTV.com is not liable for any loss or claim that
you may have against an advertiser.
8. TRADEMARKS
ReelClipsTV.com, the ReelClipsTV.com logo, www.reelclipstv.com, and other ReelClipsTV.com marks, graphics, logos, scripts, and
sounds are trademarks of ReelClipsTV.com. None of the ReelClipsTV.com trademarks may be copied, downloaded, or otherwise exploited.
9. UNSOLICITED SUBMISSIONS
It is ReelClipsTV.com's policy not to accept unsolicited submissions, including scripts, story lines, articles,
fan fiction, characters, drawings, information, suggestions, ideas, or concepts. ReelClipsTV.com's policy is to
delete any such submission without reading it. Therefore, any similarity between an unsolicited
submission and any elements in any ReelClipsTV.com creative work, including a film, series, story, title,
or concept, would be purely coincidental.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE ReelClipsTV.com SERVICES,
YOU AGREE THAT USE OF THE ReelClipsTV.com SERVICES IS AT YOUR OWN RISK. THE ReelClipsTV.com SERVICES,
INCLUDING THE ReelClipsTV.com SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER,
USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE
PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW,
ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, ReelClipsTV.com DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY,
COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE ReelClipsTV.com SERVICES WILL BE UNINTERRUPTED,
FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL ReelClipsTV.com OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF
THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS
(INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "ReelClipsTV.com 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 ReelClipsTV.com SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES
ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ReelClipsTV.com PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING
IN ANY ACTIVITY RELATED TO USE OF THE ReelClipsTV.com SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ReelClipsTV.com PARTIES FROM AND
AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE
ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED
TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ReelClipsTV.com SERVICES
(INCLUDING YOUR USE OF THE CONTENT). ReelClipsTV.com RESERVES THE RIGHT, AT OUR OWN EXPENSE,
TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the
ReelClipsTV.com Services, including through a link, infringes your copyright, you should notify
ReelClipsTV.com of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that ReelClipsTV.com receives and take appropriate
action in accordance with applicable intellectual property laws. A notification of claimed
copyright infringement should be emailed to ReelClipsTV.com's copyright agent at copyrights@ReelClipsTV.com (subject line: "COPYRIGHT Takedown Request").
You may also contact us by mail or facsimile at:
Attention: Copyright Department
ReelClipsTV Corporation
9120 John Simmons St.
Frederick, MD 21704
Facsimile: (301) 798-2192
To be effective, the notification must be in writing and contain the following information: (i)
an electronic or physical signature of the person authorized to act on behalf of the owner of an
exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been
infringed; (iii) a description of where the material that you claim is infringing is located on
the ReelClipsTV.com Services that is reasonably sufficient to enable ReelClipsTV.com to identify and locate the material;
(iv) how ReelClipsTV.com can contact you, such as your address, telephone number, and email address;
(v) 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; and (vi) a statement by you that the above information
in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of
the copyright owner or the owner of an exclusive right in the material. Emails sent to copyright@ReelClipsTV.com
for purposes other than communication about copyright infringement may not be answered.
ReelClipsTV.com has a policy of terminating repeat infringers in appropriate circumstances.
12. GENERAL INFORMATION
International Use. We are a company based in the United States.
ReelClipsTV.com's goal is to bring you as much Content as is legally available. That said,
we are limited by the rights that our content licensors grant to us. Using technologies
to access the Content from territories where ReelClipsTV.com does not have rights or does not offer
services is prohibited. ReelClipsTV.com Premium is not accessible through any devices from outside the United States.
Export Controls.Software and the transmission of applicable technical data,
if any, in connection with the ReelClipsTV.com Services are subject to export controls. You agree to
comply with all applicable laws regarding software and the transmission of technical data
exported from the United States or the country in which you reside.
Choice of Law and Forum.These Terms of Use are governed by, and construed in accordance with,
the laws of the State of Maryland without giving effect to principles of conflicts of law. In the event of a
claim by you against ReelClipsTV.com, you agree to submit to the exclusive jurisdiction of the courts located in the
Frederick County of the State of Maryland. In the event of a claim by ReelClipsTV.com against you, you agree
to submit to the jurisdiction of the courts located where ReelClipsTV.com pursues its claim against you,
which may include courts in the Frederick County of the State of Maryland.
No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate
it if you would let us know at feedback@ReelClipsTV.com (subject line: "Terms of Service Violation"). Precisely how ReelClipsTV.com responds
to a party that is violating these Terms will be determined after carefully analyzing all of the facts and .
circumstances of a particular case. You may not rely upon ReelClipsTV.com's precise response with respect to one party
or one situation as any indication of what ReelClipsTV.com might do with respect to another party or another situation,
even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a
violation of these Terms of Use, you should not assume that we do not object to the violation or even that
we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with
respect to any party as a waiver of that provision (or any other provision) with respect to either that party
or any other party. Further, ReelClipsTV.com's decision to delay exercising or enforcing any right or remedy under these
Terms of Use shall not constitute a waiver of such right or remedy. Even if ReelClipsTV.com acts in a way that appears
to you to be inconsistent with these Terms of Use, ReelClipsTV.com's action shall not be deemed a waiver or constructive
amendment of these Terms.
Integration, Amendment, and Severability.Please note that these Terms of Use, including ReelClipsTV.com's
Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany ReelClipsTV.com
authorized applications, features and devices, constitute the entire legal agreement between you and ReelClipsTV.com and
govern your use of the ReelClipsTV.com Services (including your use of the Content) (but excludes any services, if any,
that ReelClipsTV.com may provide to you under a separate signed written agreement), and completely replaces any prior
agreements between you and ReelClipsTV.com in relation to the ReelClipsTV.com Services. Except as set forth in Section 2 above,
these Terms may not be amended or varied except in a writing signed by ReelClipsTV.com. Although we understand that
electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures
these days, for these purposes, a signature or "signed" writing or written agreement may not include an
electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law.
If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that
the provision will be deemed severable from these Terms and will not affect the validity and enforceability
of any remaining provisions.
Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms,
the experience will be better for all users. Enjoy the ReelClipsTV.com Services!