Welcome to DramaFever! We hope you (hereinafter, “You” or “Your”) enjoy Your time here. DramaFever Corp. ("DramaFever", "we", “us”, “our”) provides its services through the DramaFever.com website (the "Site"), certain software applications downloadable to supported mobile devices, consumer electronic devices and other mechanisms (collectively, the “Applications”), as well as other places where our services are available, including websites and applications of our third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed our video player (the "Video Player") (collectively, “Portals”). Our video service, the Site Content (defined below), the Video Player, and any other features, tools, materials, products and services we offer through the Portals are collectively referred to as the “Service”.
Additional terms may apply to Your participation in certain supplemental activities through the Service, such as “giveaways”; these terms will be provided to You when You register for such activities.
PLEASE NOTE: You must be at least 13 years of age to use the Service and engage in activities through the Service. If You are not at least 13 years old, You should not be accessing Site Content, using the Service or submitting any PII. Video Content is only available in licensed territories.
The Service allows You to view a selection of television shows, movies, clips and other video content (collectively, "Video Content"). You may also view postings, submissions and profiles of registered members of the Service if they elect to make their postings, submissions and profiles public ("User Material"). If You register as a member of the Service (a "Registered Member"), You will be able to take advantage of a broader range of services, including the ability to maintain Your viewing history, to post and share reviews of Video Content, and to optimize Your viewing of Video Content. Premium Registered Members have access to a more extensive library of Video Content and are able to watch the Video Content in high definition and with fewer or no commercials, depending on the level of membership. Unless otherwise authorized in writing by DramaFever, both registered and unregistered users can access only one (1) video stream at any time on no more than five (5) personal devices per account. Except as expressly provided below with respect to Premium Memberships, DramaFever reserves the right to modify, reduce, add to or eliminate features of the Service at any time. You are responsible for all costs and equipment required for You to access the Service via the Internet.
2. Site Content
The Video Content, the User Material, the Video Player, any other software provided by or accessed through the Service, and any other content offered on or through the Service, including graphics, photographs, text, quotations, trademarks, logos, layout, design, interface, audio and video materials and stills (all of the foregoing, collectively, the "Site Content"), are owned solely and exclusively by DramaFever and its licensors and are protected by U.S. and foreign laws securing intellectual property rights, including those safeguarding copyrights and trademarks. Using technologies to access the Video Content from territories where DramaFever does not have rights to offer such content is strictly prohibited.
3. WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT REPRESENTATION OR WARRANTY BY DRAMAFEVER OF ANY KIND, AND THAT YOUR USE OF ALL OR ANY OF THE SAME IS AT YOUR SOLE ELECTION AND RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, DRAMAFEVER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, TITLE AND NON-INFRINGEMENT AND THOSE IMPLIED THROUGH COURSE OF CUSTOM OR USAGE OF TRADE.
FOR AVOIDANCE OF DOUBT, BUT WITHOUT LIMITING THE FOREGOING IN ANY WAY, DRAMAFEVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE OPERATION OF THE SERVICE OR SOFTWARE THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, CONSUMER ELECTRONIC DEVICE, OTHER MECHANISMS AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF USING THE SERVICE. IN ADDITION, WE MAKE NO GUARANTEES REGARDING THE AMOUNT OF TIME THAT ANY SITE CONTENT OR USER MATERIAL WILL BE PRESERVED.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO USER MATERIAL POSTED AND/OR SUBMITTED BY OTHER USERS OF THE SERVICE. WE DO NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY USER MATERIAL, AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER MATERIAL. WE ARE NOT IN ANY MANNER RESPONSIBLE FOR THE USER MATERIAL, AND WE DON’T GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER MATERIAL. IN ADDITION, WE CAN’T ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER MATERIAL WILL NOT APPEAR ON THE SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER MATERIAL ON THIS SERVICE, WE ARE MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND ARE NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER MATERIAL OR ACTIVITIES OF USERS ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER MATERIAL ARE NOT NECESSARILY OURS OR THOSE OF OUR AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
4. Restrictions on Use
You may use the Service only for Your own personal, non-commercial use. You may view Video Content only through the Video Player on up to, but not more than, five (5) personal devices per account, and You are limited to one (1) simultaneous stream at a time. In addition, You acknowledge and agree that certain Site Content may not be accessible through every Portal, due to certain restrictions from content licensors or other limitations imposed by third parties.
You may not, without the express prior written consent of DramaFever in each instance:
- Reproduce, duplicate, provide, display, publish or otherwise distribute (including by way of email, linking, tagging, facsimile or other electronic means) the Site Content;
- Alter or remove any copyright and other proprietary notices marked on the Site Content;
- Access, isolate, duplicate, modify, install or deploy the Video Player except in the context of and solely for the purpose of Your personal viewing of Video Content on and from a single computer, mobile device, consumer electronic device or other similar mechanism;
- Incorporate any Site Content into, or stream or retransmit any Site Content via, any hardware or software application, or make any Site Content available via frames or in-line links;
- Create derivative works, or materials that otherwise are in any way derived from or based on the Site Content or Service, including without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, indexes of any significant portion of the Site Content or merchandise;
- Access the Service 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);
- 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;
- Use the Service on behalf of or in the name of another person or entity;
- Damage, disable, overburden, impair, or gain unauthorized access to the servers, computer network, or user accounts of DramaFever or its business partners;
- Collect, retrieve or recreate personally identifiable information provided by Registered Members;
- Collect, retrieve or harvest information about users of the Service, whether or not Registered Members, for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- Start or build a business utilizing the Site Content, whether or not for profit;
- Violate these User Terms or any policy or other terms posted on the Service with respect to the Service and/or Site Content; or
- Violate any applicable law, rules or regulations in connection with Your use of the Service.
DramaFever reserves the right to immediately terminate Your membership or use of the Service at any time, without notice or liability, if DramaFever determines in its sole discretion that You have
- breached these User Terms;
- violated any law, rule, or regulation;
- engaged in other inappropriate conduct; or
- placed an undue burden on DramaFever's networks or servers.
BY REGISTERING FOR AND/OR PARTICIPATING IN ANY ACTIVITIES ON THE SERVICE, OR USING, POSTING OR ACCESSING ANY SITE CONTENT, YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS DRAMAFEVER, ITS PARENTS, AFFILIATES AND BUSINESS PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, LICENSORS, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, DAMAGES, CLAIMS, JUDGMENTS, LOSSES, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES, INCLUDING ANY INCURRED IN ENFORCEMENT OF THIS PROVISION), COSTS OR OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE USER MATERIAL YOU POST OR YOUR USE OF THE SERVICE, WHETHER OR NOT SUCH USE IS IN COMPLIANCE WITH THESE USER TERMS.
The trademarks, logos, service marks and other similar proprietary designations and designs (whether or not registered, collectively the "Trademarks") displayed in Site Content or in conjunction with the Service are Trademarks of DramaFever and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Service should be construed as granting to You, by implication, estoppel or otherwise, any license or right to use any Trademark without DramaFever's express prior written permission or the written permission of the third party that owns the Trademark.
7. Registration; Passwords
8. User Viewing History
When You register as a Registered Member of the Service, Your viewing history of Video Content (“Viewing History”) will be automatically captured and stored by the Service for Your use. You retain sole ownership of Your Viewing History. You may at any time publish or share Your Viewing History on the Service or through other means and media. You may also edit Your Viewing History at any time. DramaFever will not provide Your Viewing History to any third party without Your prior authorization except where required by law, regulation or judicial process, where necessary to protect DramaFever's rights or the rights of third parties, in conjunction with a merger, acquisition or similar event, or in order to provide you with certain features of the Service. Once You publish Your Viewing History on the Service, it becomes publicly available and may be republished, viewed or used for other purposes, in each case as permitted by law, by DramaFever, visitors to the Service, or any third party.
DramaFever will use commercially reasonable efforts to accurately collect, store, secure and maintain Your Viewing History. However, You understand and agree that DramaFever does not warrant or represent that Your Viewer History will be accurately, completely or securely collected or stored, that all revisions You make to the same will be accurately or completed processed or maintained, or that You will have uninterrupted access to Your Viewer History. In addition, DramaFever reserves the right to permanently delete Your Viewer History if Your account on the Service is inactive for more than one (1) month.
9. User Reviews, Comments and Other Material
Registered Members may have an opportunity to publish, transmit, submit or otherwise post on or to the Service (collectively, "Post") reviews, comments or other materials. You must own or have the legal right to Post Your User Material. By Posting User Material, You represent and warrant that:
- You have the legal right to Post such User Material;
- Neither Your User Material nor the use thereof infringes, misappropriates or violates any right of any third party;
- Your User Material will not be defamatory or libelous; and
- You grant DramaFever and other Service users a license to publish, display, transmit, sublicense and distribute Your User Material as provided below,
in each case without the requirement that You, DramaFever or any third party pay any fees, expenses or other costs with respect to such Post or license grant.
In order to keep the Service enjoyable for all of our users, we encourage You to be selective in the User Material You Post and to limit Your Posts to User Material that relates to the Video Content and the Service. Remember that the Service is accessible to the general public. Accordingly, You should be very careful if You decide to Post personally identifiable information, such as Your full name, email address, telephone number or street address.
You are also prohibited from Posting User Material that includes or consists of:
- Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words;
- Hate language or obscene, lewd, slanderous, pornographic, abusive, violent, threatening or harassing language of any kind;
- Impersonating or purporting to represent other people or entities, or falsely attributing User Material to other persons or entities;
- Opinions or comments that attack or disparage individuals, companies or their products or services;
- Other offensive or discriminatory content;
- Advertising of any kind, including, without limitation, the advertising or promotion of other companies or URLs; or
- Advanced fonts, java, tables, html, or other programming codes or commands.
DramaFever does not endorse any User Material, and User Material does not reflect the opinions or policies of DramaFever. In no event does DramaFever assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against DramaFever with respect to such User Material. DramaFever has no obligation to monitor User Material but reserves the right, in its sole discretion, to (a) terminate the account of and ban from Service participation users who violate these User Terms or who in any way abuse the purpose of the Service, and (b) remove any User Material for any reason. Notwithstanding the foregoing, a failure by DramaFever to impose any penalty for violations of these User Terms or to remove any impermissible User Material shall not be deemed a waiver of any such violation and DramaFever shall have no liability to You or any third party for its failure to enforce these User Terms in each or any instance.
You retain all ownership rights in Your User Material and DramaFever does not claim any such rights. However, by Posting Your User Material on or through the Service, You hereby expressly (a) grant DramaFever a non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up, perpetual, irrevocable license to use, display, reproduce, transmit, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, publish and otherwise exploit such User Material, in any media formats and any media channels now known or hereinafter created, for any purpose whatsoever, and (b) waive any and all rights You may have, now or in the future, to assert any rights, actions, accountings or other claims against DramaFever for compensation or damages of any kind based on DramaFever's use of Your User Material, including any commercial exploitation it may make of the same. By Posting Your User Material, You also hereby grant each user of the Service a non-exclusive, limited license to access Your User Material through the Service, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Service and under these User Terms.
10. Premium Membership Fees, Payment Terms and Refund Policy
Only Premium Memberships are fee-bearing. Premium Membership entitles You to access a broader range of titles and to view Video Content in high definition and with fewer or no advertisements, depending on the level of membership. Premium Memberships are offered on a subscription basis and are subject to all of the terms and conditions of these User Terms. The subscription fee schedule is published on the Service here. Your Premium Membership subscription will be renewed automatically for the same term as your initial subscription, unless You cancel your Premium Membership prior to the expiration of Your then-current subscription term. For more information on how you can cancel your Premium Membership subscription, click here.
When You register as a Premium Member, You authorize Your credit card to be charged for the first subscription term and for each renewal subscription term. Premium Membership fees are stated exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties which will appear as separate line items on Your invoice or registration page. A third party processor handles all Premium Membership purchase transactions. This means that (a) all credit card and payment information You provide is delivered directly to the third party processor, and (b) the third party processor is responsible for accurate processing of the transaction and appropriate storage and protection of Your personal information, including Your personal financial information. DramaFever does not receive, store or handle Your personal financial information. Without limiting the foregoing, You understand and agree that DramaFever is not liable for any error in invoicing or payment processing, or any breach in security with respect to Your payment information, associated with the third party processor's management of the purchase transaction.
DramaFever may modify the terms of Premium Membership plans upon thirty (30) days prior written notice. The notice will be provided either by posting the information on the Service or by sending You an email to the email address You provided in connection with Your registration. Any such modifications, to the extent they impact pricing or materially reduce the scope of the Premium Membership offering, will be effective only as of the commencement of the next renewal term of Your subscription.
In addition, DramaFever reserves the right, in its discretion, to terminate Your subscription at any time. If DramaFever does terminate Your account, without reasonable cause, then DramaFever will refund to You, as Your sole and exclusive remedy for any such termination and as DramaFever's sole and exclusive liability for the same, the pro-rata portion of the subscription fee for the balance of Your then-current subscription term.
Subject to the foregoing, Premium Membership subscription fees are not refundable, in whole or in part, for any reason including for periods of inactivity or service outages, or partially used periods. Notwithstanding the foregoing, DramaFever does reserve the right to terminate your subscription at any time in its discretion.
If You have any questions about billing, please contact us by email at email@example.com.
11. Links from the Service; Advertisements on the Service
In addition, DramaFever makes no representation as to the quality, performance or content of (a) any such third party websites, services or software, or (b) any third party advertisements displayed on or through the Service. You acknowledge and agree that any access or use that You make of the same is at Your own risk and DramaFever has no responsibility or liability for damages or other costs, expenses or claims, of any kind and based on any theory of law or equity, including negligence, arising out of such access or use. Nothing in the fact that DramaFever provides links or pointers to any third party website, service or software, or allows You to access such websites, services or software from the Service, should be construed as an endorsement or representation by DramaFever with respect to such websites, services or software. Likewise, nothing in the fact that DramaFever displays third party advertising on the Service should be construed as an endorsement or representation by DramaFever with respect to the third party advertiser or the advertised products or services.
12. Copyright Protection
If You believe that any User Materials or other Site Content violates Your or a third party's copyright, You may submit a notification by following the rules of the Digital Millennium Copyright Act, which require that you notify our designated copyright agent by email to dmca@DramaFever.com, with the following information:
- Your electronic or physical signature;
- sufficient information to identify the copyrighted work that You claim has been infringed;
- a description of the infringing content and the location on the Service of such infringing content;
- Your name, address, telephone number and/or email address so that we may contact You;
- the following statement: "I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright or trademark owner, its agent or the law"; and
- the following statement: "I swear, under penalty of perjury, that the above information in this notification is accurate and that I am, or am authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed."
If DramaFever receives a valid counter notification complying with the provisions of Section 512(g) of the U.S. Copyright Act to the effect that the allegedly infringing Site Content was removed as a result of mistake or misidentification, the Site Content may be reinstated. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
13. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT AND UNDER NO THEORY OF LAW, CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL DRAMAFEVER, ITS PARENTS, AFFILIATES OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, VENDORS, LICENSORS, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DAMAGE TO REPUTATION, OR LOSS OR DAMAGE TO DATA, SOFTWARE OR EQUIPMENT, IN EACH CASE TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SERVICE (INCLUDING YOUR VIOLATION OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE SERVICE), EVEN IF SUCH DAMAGES WERE FORESEEABLE BY DRAMAFEVER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
14. Export Controls
The accessing and transmission of any technical data, including software, in connection with Your use of the Service are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission and accessing of any such technical data from the United States or the country in which You reside.
15. Choice of Law; Dispute Resolution.
These User Terms are governed by and shall be construed in accordance with the laws in effect in the State of New York without giving effect to its conflicts of law principles. By accessing or using the Service, You are agreeing to submit all disputes or claims You may have with respect to the Service to the exclusive jurisdiction of the federal or state courts located in New York County, New York, and You hereby agree to the personal jurisdiction of such courts and waive all objections to venue therein.
16. Contract Construction
If any provision of these User Terms is unlawful, void or unenforceable, that provision is deemed severable from these User Terms and does not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect. To be effective, any waiver of a provision in these User Terms must be in writing and signed by the party against whom it is to be enforced. Any written waiver shall only be effective with respect to the specific incident and provision covered by the waiver, and shall not waive any subsequent violations of these User Terms. The word "including" shall be construed non-exclusively to mean "including but not limited to."
18. Complete Agreement
These User Terms constitute the entire legal agreement between You and DramaFever with respect to Your use of the Service. These User Terms replace and supersede any prior agreements, representations or understandings between You and DramaFever, including any prior versions of these User Terms. Only DramaFever may amend or modify these User Terms and it may do so at any time. Any such amendments or modifications shall be effective upon posting the new User Terms on the Service. Your use of the Service after the new User Terms are posted will constitute Your acceptance of, and agreement to be bound by, the updated version of the User Terms. Therefore, it is important that You review the User Terms page regularly to ensure You are familiar with the most current User Terms.
Updated as of: August 24, 2015