A. Summary of Service
- Reelhouse is a platform where certain users (“Video Creators”) show video content for free, or provide video content for viewing and download for a fee, or provide recognition of users’ support on the Site for a fee, or sell merchandise based on or related to that video content, to other users (“Viewers”), such services referred to as video on demand (“VOD”) or subscription video on demand (“SVOD”). Through the Site, email, websites and other media, the Services makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information and associated trademarks and copyrightable works (collectively, “Content”) on a VOD or SVOD or other basis. Video Creators, Viewers and other visitors to and users of the Services may have the ability to contribute, add, create, upload, submit, distribute, share, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User” means a user of the Services. “User Submissions” means any Content Submitted by Users.
B. Acceptance of Terms
- The Services are available only to individuals who are at least 19 years old. You represent and warrant that if you are an individual, you are at least 19 years old and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Liquid Media may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
D. Rules and Conduct
(a) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
(b) you know is false, misleading, or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
(e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Liquid Media or any third party;
(f) impersonates any person or entity, including any employee or representative of Liquid Media;
(g) relates to sales of (i) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (v) items that are considered obscene, (vi) certain sexually oriented materials or services, (vii) ammunition, firearms, or certain firearm parts or accessories, or (viii) certain weapons or knives regulated under applicable law;
(h) relates to transactions that (i) show the personal information of third parties in violation of applicable law, (ii) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (iii) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (vii) provide certain credit repair or debt settlement services;
(i) involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
(j) violates applicable laws or industry regulations regarding the sale of (i) tobacco products, or (ii) prescription drugs and devices; or
(k) involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Liquid Media and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Liquid Media in its sole discretion) an unreasonable or disproportionately large load on Liquid Media’s or its third‑party providers’ infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (c) bypass any measures the Liquid Media may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (e) run Maillist, Listserv, or any form of auto‑responder or “spam” on the Service; or (f) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
- You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Service; or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, provincial, national and international laws and regulations.
- Liquid Media does not guarantee that any Content will be made available through the Services. The Liquid Media has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (a) cancel, reject, interrupt, remove, or suspend a campaign or project; (b) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (c) remove or block any User or User Submission. Liquid Media reserves the right not to comment on the reasons for any of these actions.
- You agree not to post Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) may constitute or contribute to a crime or tort; (d) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (e) contains any information or content that is illegal; (f) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (g) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Reelhouse reserves the right, but is not obligated, to reject or remove any Content that Reelhouse believes, in its sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
- Liquid Media reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account related security breach.
- You must keep your account password secure. Although Liquid Media will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Reelhouse or others due to such unauthorized use.
- You may use your User settings to control your User profile. By providing Liquid Media your email address you consent to Liquid Media using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
F. Projects: Paid Content and Commerce
Liquid Media is a platform where Video Creators can offer exclusive Content only available to Viewers who pay a fee (“Fee”) for the Content (the “Paid Content”). Video Creators can also offer merchandise based on or related to their Content for sale to Viewers (“Merchandise”). By designating Content as Paid Content or offering Merchandise for sale, or by paying a Fee to view Paid Content, or by purchasing Merchandise, you agree to be bound by this entire Agreement, including the following terms:
(a) It is up to a Video Creator to designate Content as Paid Content, and the Fee required to view and download the Paid Content. Any Content that is not designated as Paid Content will be accessible by all Users without paying a Fee.
(b) A Video Creator will be the legal entity to which Fees will be directed. By designating Paid Content, a Video Creator represents and warrants that it is the legal entity responsible for soliciting and receiving Fees for the Paid Content.
(c) To receive Fees, a Video Creator must establish an account (a “Fee Account”) with the payment processor designated by Liquid Media at the time the Video Creator designates Paid Content. You understand and agree that your Fee Account will be governed by your agreement with the payment processor, and that Reelhouse shall have no liability for your Fee Account or your transactions or interactions with the payment processor.
(d) All Fees paid to a Video Creator will be directed to the Video Creator’s Fee Account. An artist using the VOD service is charged 10% + $0.50 per VOD purchase. SVOD royalties will be divided and allocated amongst Video Creators based on pro rata views of Video Creators respective content each calendar quarter end. Reelhouse will direct funding contributions of all VOD purchases to the Video Creator’s Funding Account on a monthly basis on or about the first (1st) day of each month for contributions received during the preceding month. Reelhouse will direct funding contributions of all SVOD monthly membership proceeds to the Video Creator’s Funding Account on a quarterly basis on or about the first (1st) day of each quarter for contributions received during the previous quarter. If the owing amount for that quarter is less than $5.00 USD, Reelhouse will retain the amount until it surpasses $5.00 USD. Reelhouse is not responsible for any error or omission in the Fee Account information you provide.
(e) For VOD, all fee amounts will be set by the Video Creator and charged on the basis of access to Paid Content, as determined by the Video Creator. For SVOD, fee amounts will be set by Liquid Media and are subject to change.
(f) If a Video Creator offers Paid Content in return for Fees, the Video Creator hereby authorizes Liquid Media to make such Paid Content available for access to a Viewer for reviewing immediately upon a Viewer providing sufficient payment through Liquid Media’s designated payment processor. A Video Creator does not guarantee that any Content will remain designated as Paid Content, or that any Paid Content will remain on the Site. A Video Creator may change publicly available Content to Paid Content, and vice versa.
(h) A Video Creator shall have full responsibility for applicable taxes for all Fees and all payment for Merchandise paid to it under this Agreement, and for compliance with all applicable labour and employment requirements with respect to its self-employment, sole proprietorship or other form of business organization, and with respect to its employees and contractors, including worker’s compensation insurance coverage requirements and any applicable immigration visa requirements. You agree to indemnify, defend and hold Reelhouse harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labour or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Reelhouse by the relevant taxing authorities with respect to any Fees or payment for Merchandise paid to you.
(i) Liquid Media makes no representations, warranties or guarantee regarding the availability or quality of Paid Content, or the amount of any Fees to be made to a Video Creator under this Agreement.
(j) It is solely a Viewer’s choice to pay Fees to a Video Creator. You understand that paying Fees for Paid Content does not give you any rights in or to Paid Content, other than a non-exclusive, non-sublicensable, and non-transferable license to access and view the Paid Content (for which you paid Fees) for your own personal, non-commercial use. You understand that paying Fees for Support Recognition does not give you any rights in or to Content on the Site.
(k) Any purchase and sale of Merchandise is between the Viewer and the Video Creator only, and Liquid Media does not guarantee that Merchandise will be delivered or satisfactory.
(l) Fees paid to Video Creators are nonrefundable. Under certain circumstances Liquid Media may, but is under no obligation to, seek the refund of Fees if the Video Creator misrepresents the Paid Content, does not provide the access to Paid Content. The Viewer acknowledges and agrees that all his Fee transactions are between the Viewer, the Video Creator, and the payment processor only, and that Reelhouse is not responsible for Fee transactions, including without limitation any personal or payment information the Viewer provides to the payment processor.
(m) Liquid Media makes no representations regarding the deductibility of any contribution for tax purposes. Please consult your tax advisor for more information.
(n) Viewers agree to provide their payment information at the time they pay a Fee or a payment for Merchandise.
(o) Viewers consent to Liquid Media and its designated payment processor partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full Fee or Merchandise purchase price at any time between the agreement to pay and collection of the Fee or merchandise purchase price, or to effect payment immediately.
(p) Viewers agree to have sufficient funds or credit available at the time of payment to ensure that the Fee or Merchandise purchase price will be collectible.
(q) Video Creators agree to make a good faith attempt with best efforts to fulfill each sale of Merchandise by its estimated delivery period.
(s) For some Merchandise, the Video Creator needs further information from Viewers, such as a mailing address or t shirt size, to enable the Video Creator to deliver the Merchandise. The Video Creator shall request the information when offering Merchandise. To receive the Merchandise, Viewers agree to provide the requested information to the Video Creator.
(t) Liquid Media does not offer refunds or guarantee payment of Fees or payments for Merchandise. The Video Creator and Viewer each agree that Liquid Media is not responsible for the Fees and Merchandise transactions between them. A Video Creator is not required to grant a Viewer’s request for a refund of payment for Merchandise unless the Video Creator is unable or unwilling to deliver the Merchandise.
(u) Video Creators shall deliver Merchandise to Viewers who have paid and had their orders accepted, or refund any Viewer whose Merchandise the Video Creator cannot or does not deliver.
(v) Video Creators may cancel or refund a Viewer’s payment for Merchandise at any time and for any reason, and if they do so, are not required to deliver the Merchandise.
(w) Because of occasional failures of payments from Viewers, Liquid Media cannot guarantee the full receipt of the amount agreed upon minus Liquid Media’s fees.
(x) Liquid Media reserves the right to cancel a Fee or a payment for Merchandise at any time and for any reason. Liquid Media reserves the right to reject, cancel, interrupt, remove, or suspend an offering of Paid Content or Merchandise at any time and for any reason. Reelhouse is not liable for any damages as a result of any of those actions. Reelhouse’s policy is not to comment on the reasons for any of those actions.
- Liquid Media is not liable for any damages or loss incurred related to Fees, Support Recognition, Paid Content, Merchandise or any other use of the Service. All dealings are solely between Users. Liquid Media is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with transactions on the Site. Liquid Media does not oversee the performance or punctuality of transactions. The Company does not endorse any User Submissions. You release Liquid Media, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
- Liquid Media pays out SVOD artists quarterly.
G. Fees and Payments
- Joining Liquid Media is free. However, we do charge service fees for certain services. When you use a service that has a service fee you have an opportunity to review and accept the service fee that you will be charged. Changes to service fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all service fees and taxes associated with your use of the Service.
- Liquid Media’s service fees, Fees charged by Video Creators and Merchandise purchase payments by Viewers are collected by our payment processor. Liquid Media is not responsible for the performance of its payment processor. The Services currently use Stripe as our current payment processor, but the use of a payment processor is subject to change by Liquid Media.
H. Third-Party Sites
- The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third‑party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third‑party website or resource.
I. Content and License
- You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information and restrictions contained in any Content accessed through the Service.
- The Company grants to each User of the Service a worldwide, non‑exclusive, non‑sublicensable and non‑transferable license to view the Content, solely for personal, non‑commercial use. Use, reproduction, modification, distribution, or storage of any Content is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third‑party right.
J. Intellectual Property of Users
By Submitting your User Submissions to the Services or otherwise to Liquid Media, you hereby grant Liquid Media a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers) and transferable license to use your User Submissions and your trademarks and service marks (“Trademarks”) as necessary or useful for Liquid Media to provide or promote the Services and to advance the business of Liquid Media and its Affiliates (such usage rights include the right to access, store, host, reproduce, adapt, translate, publish, publicly perform, publicly display, transmit, stream, playback, telecommunicate, transcode, modify, repost, rent out, sublicense, create derivative works from, and distribute your User Submissions) (the “License”). Without limiting the generality of the foregoing, the License permits Liquid Media to:
(a) stream your User Submissions to Users;
(b) allow your User Submissions to be downloaded by Users;
(c) include portions of your User Submissions in promotional materials promoting the Services or Liquid Media;
(d) embed or frame your User Submissions on third-party services;
(e) convert or compress your content for optimized delivery, including by upscaling, downscaling, changing the aspect ratio, cropping, or converting file format;
(f) run advertisements before, during, or after the display of your User Submissions including advertisements that pop up during the delivery of your User Submissions or overlay your User Submissions;
(g) include advertisements in the webpage or frame surrounding or in the vicinity of your User Submissions;
(h) insert advertising breaks into your User Submissions;
(i) translate your User Submissions into different language, including by adding dubbed audio and translated closed captions;
(j) generate same language closed captions from the audio contained in your User Submissions;
(k) modify your User Submissions to comply with any time requirements, technical requirements, or local laws (including censorship laws);
(l) make thumbnails and previews from your User Submissions; and
(m) distribute your User Submissions to Sub-Distributors so that those Sub-Distributors may provide their end-users with access to your User Submissions or further distribute your User Submissions to their respective Sub-Distributors (a Sub-Distributor of a Sub-Distributor, a “Second Tier Sub-Distributor”)
You hereby grant Liquid Media the right to use your name (including any stage name or fictional name), picture, portrait, image, likeness, biographical information, and voice included in your User Submissions, for the purposes of promoting your User Submissions or the Services (the “Personality License”) Liquid Media may sublicense to its Affiliates and Sub-Distributors any or all of the rights granted to Liquid Media under the License and Personality License, together with any necessary or useful conforming changes. For clarity, this sublicensing right permits Liquid Media to grant Sub-Distributors the right to sublicense their rights under the License and Personality License to other Sub-Distributors.
(*) “Affiliate” means a corporation or other legal entity directly or indirectly controlled, controlling, controlled by, or under common control with Liquid Media. “control” for the purpose of this definition shall mean, with respect to any corporation or other legal entity, the right to exercise or cause to be exercised at least fifty per cent (50%) of the voting rights in such corporation or other legal entity.
- 3. The License and Personality License for each User Submission will commence on the date the User Submissions is Submitted to the Services or otherwise to Liquid Media and will continue until that User Submission has been removed from the Services; however, any sublicenses of your User Submissions will continue until your User Submissions have been removed from the systems of the applicable sublicensees. You may remove your User Submissions from the Services by using the User Submission deletion tool provided on the Services. After you submit a User Submission removal request with the deletion tool, we will submit a corresponding removal request to all Sub-Distributors to which your User Submissions have been distributed. You acknowledge that removal of your User Submissions from the Services and any systems operated by Sub-Distributors may take up to 90 days and that we and the Sub-Distributors may delay the removal of your Content to allow end-users who have rented your User Submissions the opportunity to access the User Submission within their rental period or alternatively, we or the Sub-Distributor may provide a refund to those end-users and recoup that refund from you.
- 5. If you Submit User Submissions, Liquid Media and the Sub-Distributors may identify you publicly with your name and User ID in association with your User Submission.
- 7.By Submitting User Submissions, you hereby waive in favour of Liquid Media, our Affiliates, and all Sub-Distributors to whom your User Submissions have been distributed, any and all moral rights that you may have in your User Submissions.
- 8.Each time you Submit User Submissions, you represent and warrant that:
- 9. You agree to defend, indemnify and hold harmless Liquid Media and our Affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to our Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including any intellectual property right; or (iv) any claim that your User Submissions caused damage to a third party, including any claim against us that the exercise of any right granted pursuant to the License or Personality License infringes any intellectual property rights of any third party. This section survives termination of this Agreement indefinitely.
- 11.You understand that all User Submissions, whether publicly posted or privately transmitted when posting, sharing, displaying, uploading, sending or submitting material using our Services, is the sole responsibility of the person from whom it originated. This means that you, and not Liquid Media, are entirely responsible: (i) for all User Submissions that you Submit or otherwise make available via the Services; and (ii) for ensuring that your User Submissions are accurate, lawful, and do not include misleading information or infringe or violate anyone’s rights. Liquid Media does not guarantee the accuracy, integrity, or quality of any User Submissions. You agree that you will not hold Liquid Media responsible or liable for any inaccuracies or for any errors or omissions in any User Submissions, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Submissions Submitted or otherwise made available via the Services. All Content (including User Submissions) you access through the Services is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
- 12.You acknowledge that Liquid Media is not obligated to pre-screen, monitor, or modify User Submissions, but that Liquid Media has the right (but not the obligation) to refuse, remove, modify, or delete any User Submissions for any reason or no reason. You acknowledge and expressly consent to Liquid Media, accessing, preserving, and disclosing your Account information and User Submissions if required to do so by law or if in good faith Liquid Media believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Submissions violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Liquid Media, or our affiliates, staff, Users, or the public. We may exercise the rights granted in the previous sentence even if you have requested the removal of your User Submissions from the Services.
- 13. User Submissions available through the Services do not necessarily reflect the views of Liquid Media, and Liquid Media disclaims all responsibility for any such User Submissions and for any losses or expenses resulting from their use or availability through the Services.
- 14. In accordance with the Digital Millennium Copyright Act (“DMCA”), Liquid Media has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Liquid Media also may terminate User accounts even based on a single infringement.
(*) “Sub-Distributor” means a third-party that operates a streaming service, content aggregation service, or other content delivery or distribution service.
(b) You have all the rights, power, and authority necessary to grant the Licence and Personality License;
(c) Liquid Media will not need to acquire any additional licenses or consents from, or pay royalties to, any third-parties to be able to fully exercise its rights under the License and Personality License in respect of your User Submissions;
(d) your User Submissions do not and will not violate any applicable law or the privacy rights or personality rights of any third-party;
(e) the exercise of any rights granted pursuant to the Licenses will not infringe the intellectual property or other rights of any third party;
(f) you have obtained all necessary releases and consents from all persons who appear or are audible in your User Submissions;
(g) the use or other exploitation of User Submissions by Liquid Media and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights;
(h) your User Submissions are not defamatory or unlawfully threatening or unlawfully harassing;
(i) your User Submissions do not violate any laws regarding unfair competition, anti-discrimination or false advertising;
(j) your User Submissions do not contain harmful code, such as viruses, trojans, worms, time bombs, or other malicious files;
(k) your User Submissions are not obscene or pornographic and do not contain child pornography; and
K. Copyright Notifications
- Reelhouse will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Reelhouse’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site, sufficient for Liquid Media to locate the material;
(d) your address, telephone number and email address;
(e) 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
(f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- If you believe that your work has been removed or disabled by mistake or misidentification, please notify Liquid Media’s Copyright Agent in writing. Your counter‑notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
(a) a physical or electronic signature of the User;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement made under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) the User’s name, address, telephone number and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
- Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
- If you fail to comply with these notice requirements, your notification or counter‑notification may not be valid.
- Our designated copyright agent for notice of alleged copyright infringement is:
Liquid Media Group (Canada) Ltd. 67 East 5th Avenue Vancouver, BC V5T 1G7 email: email@example.com
M. Warranty Disclaimer
- The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON‑INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU IF YOU ARE IN SUCH A STATE OR COUNTRY.
- Electronic Communications Privacy Act Notice (18 USC §2701‑2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade‑secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
- Liquid Media cannot guarantee the identity of any other Users with whom you may interact while using the Services.
- All Content you access through the Services is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
O. Limitation of Liability
- IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MIGHT NOT APPLY TO YOU IF YOU ARE IN SUCH A STATE OR COUNTRY.
- Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Q. Electronic Delivery, Notice Policy and Your Consent
- By using the Services, you consent to receive from Liquid Media all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Liquid Media may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
R. Governing Law
- These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Liquid Media or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Province of British Columbia. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non‑use of the Services, shall be filed only in the courts located in the City of Vancouver, in the Province of British Columbia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
S. Integration and Severability
U. Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your Liquid Media SVOD membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Liquid Media SVOD service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
- Your Liquid Media SVOD membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Liquid Media reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY Liquid Media WEB PAGE (www. reelhouse.org) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your Liquid Media SVOD membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Liquid Media service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Liquid Media website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Liquid Media SVOD membership at any time, and you will continue to have access to the Liquid Media service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for Liquid Media SVOD using your account with a third party as a Payment Method, and wish to cancel your Liquid Media SVOD membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Liquid Media SVOD service through that third party. You may also find billing information about your Liquid Media SVOD membership by visiting your account with the applicable third party.