Additional terms may apply to Your use of certain supplemental Site activities such as Site "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 Site Services and engage in Site activities. If You are not at least 13 years old, You should not be accessing Site Content (defined below) or participating in Site Services. In addition, certain of the Site Video Content may not be available for viewing outside of North America and South America.
1. Site Services
The Site allows You to view a selection of television shows, movies, clips and other video content ("Site Video Content"). You may also view postings, submissions and profiles of registered members of the Site if they elect to make their postings. submissions and profiles public ("User Material"). If You register as a member of the Site (a"Registered Member"), You will be able to take advantage of a broader range of Site services, including the ability to maintain Your viewing history, to post and share reviews of Site Video Content, and to optimize Your viewing of Site Video Content. Premium Registered Members have access to a still more extensive library of Site Video Content and are able to watch the Site Video Content in high definition and without commercials. Unless otherwise authorized in writing by DramaFever, both registered and unregistered Site users can access only one video stream at any time. All of the services, activities and features offered through the Site are referred to in these User Terms as the "Site Services." Except as expressly provided below with respect to Premium Memberships, DramaFever reserves the right to modify, reduce, add to or eliminate Site Services at any time. You are responsible for all costs and equipment required for You to access the Site via the internet.
2. Site Content
The Site Video Content, the User Material, the Site video player (the "Site Video Player"), any other software provided by or accessed through the Site, and any other content offered on or through the Site, including graphics, photographs, text, quotations and design (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 Site Video Content from territories where DramaFever does not have rights to offer such content is prohibited.
3. Third Party Downloads
In order to take advantage of certain Site Services, including viewing Site Video Content, You may be required to download the Site Video Player or the Site Video Player may be automatically downloaded to Your computer or mobile device. Any such downloads should be considered Site Content and are governed by these User Terms. You may also be required to accept certain third party license or usage terms when You download third party software. Your acceptance of those license or usage terms constitutes a legally enforceable agreement between You and the third party software licensor and those those license or usage terms will also govern Your use of that particular software program.
4. WARRANTY DISCLAIMER
You understand and agree that that the Site, Site Content and Site Services are provided "AS IS" without representation or warranty 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 Site, Site Content and Site Services, express or implied, including implied warranties of merchantability, fitness for a particular purpose, completeness, accuracy, currency, and non-infringement and those implied through course of custom or usage of trade. For avoidance of doubt, but without limiting the previous disclaimer in any way, DramaFever does not warrant that Your access to the Site or to Site Content or Site Services will be uninterrupted or error free, or that User Material will be appropriate, accurate, fair or original.
5. Restrictions on Use
You may use the Site Services and Site Content only for Your own personal, non-commercial use and You may view Site Video Content only through the Site Video Player. 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 Site Video Player except in the context of and solely for the purpose of Your personal viewing of Site Video Content on and from a single computer or mobile device;
- Create derivative works, or materials that otherwise are in any way derived from or based on the Site Content or Site Services, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise;
- Access the Site Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the DramaFever 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 Site Services 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 Site users, whether or not Registered Members, for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- Violate these User Terms or any policy or other terms posted on the Site with respect to Site Services and/or Site Content; or
- Violate any applicable law, rules or regulations in connection with Your use of the Site Content or Site Services
DramaFever reserves the right to immediately terminate Your membership or use of the DramaFever Services 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 AND/OR PARTICIPATING IN ANY SITE SERVICES OR USING ANY SITE CONTENT, YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS DRAMAFEVER, ITS AFFILIATES AND BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, LICENSORS AND AGENTS, FROM ANY AND ALL DAMAGES, CLAIMS, EXPENSES (INCLUDING LEGAL FEES AND COSTS), COSTS OR OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE USER MATERIAL YOU POST OR YOUR USE OF THE SITE, SITE CONTENT OR SITE SERVICES 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 Site Services are Trademarks of DramaFever and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to You, by implication, estoppel or otherwise, any license or right to use any Trademark without DramaFever's written permission or the written permission of the third party that owns the Trademark.
8. Registration; Passwords
9. User Viewing History
When You register as a Registered Member of the Site, Your viewing history of Site Video Content will be automatically captured and stored by the Site for Your use. You retain sole ownership of Your Viewing History. You may at any time publish or share Your Viewing History on the Site 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 the Site Services. Once You publish Your Viewing History on the Site, it becomes publicly available and so may be republished, viewed or used for other purposes, in each case as permitted by law, by DramaFever, Site visitors, or any third party.
DramaFever will use commercially resasonable 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 Site is inactive for more than one (1) month.
10. User Reviews, Comments and Other Material
Registered Members may have an opportunity to publish, transmit, submit or otherwise post on or to the Site (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). 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, and
- Grant DramaFever and other Site users a license to publish, display, 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 Site Services 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 Site Services. Remember that the Site is accessible to the general public. Accordingly, You should be 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 or attributing.
- Opinions or comments that are attack or flame 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 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.
You retain all ownership rights in Your User Material and DramaFever does not claim any such rights. However, by Posting Your User Material, 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, and publish such User Material, in any media formats and any media channels now known or hereinafter created, 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 DramaFever Services a non-exclusive limited license to access Your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Site Services and under these User Terms.
11. Premium Membership Fees, Payment Terms and Refund Policy
Only Premium Memberships of the Site are fee-bearing. Premium Membership entitles You to access a broader range of titles and to view Site Video Content in high definition and without advertisements. 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 Site. Your Premium Membership subscription will be renewed automatically for renewal terms of the same length unless You email DramaFever at firstname.lastname@example.org, prior to the termination of Your then current Premium Membership term, of Your intent not to renew Your Premium Membership. 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 to participate in Site Services 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 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 and conditions of Premium Membership plans upon thirty (30) days prior written notice. The notice will be provided either by posting the information on the Site or by sending You an email based on the email address You provided in connection with Your registration. Any such modifications, to the extent they 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, that portion of the subscription fee You paid for the Premium Membership representing the unused balance of Your then current subscription term.
Subject to the foregoing, Premium Member 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 at:
72 Madison Avenue
New York, NY 10016
12. Links from the Site; Advertisements on Site
In addition, DramaFever makes no representation as to the quality, performance or content of (a) any such third party sites, services or software, or (b) any third party advertisements displayed on the Site. You understand and acknowledge 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 site, services or software, or allows You to access such sites, services or software from the Site, should be construed as an endorsement or representation by DramaFever with respect to such sites, services or software. Likewise, nothing in the fact that DramaFever displays third party advertising on the Site should be construed as an endorsement or representation by DramaFever with respect to the third party advertiser or the advertised products or services.
13. Copyright Protection
If You believe that any User Materials or other Site Content violates Your or a third party's copyright, You should contact DramaFever immediately by email to dmca@DramaFever.com. For Your notice to be effective, it needs to include the following:
- 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 Site 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.
14. 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, SHAL DRAMAFEVER, OR ITS AFFILIATES OR BUSINESS PARTNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, 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 SITE, THE SITE CONTENT OR THE SITE SERVICES (INCLUDING YOUR VIOLATION OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF SITE CONTENT OR SITE SERVICES) 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.
15. Export Controls
The accessing and transmission of any technical data, including software, in connection with Your use of the Site, Site Content and Site Services 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.
16. Choice of Law; Dispute Resolution.
These User Terms are governed by and shall be construed in accordance with the laws of the State of New York without giving effect to its conflict of laws principles. By accessing or using the Site, Site Content or Site Services, You are agreeing to submit all disputes or claims You may have with respect to the Site, Site Content or Site Services 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.
17. Contract Construction
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these 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 Site, Site Content and Site Services. These User Terms replace and supersede any prior agreements, representations or understandings between You and DramaFever, including any prior versions of the 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 Site at http://www.dramafever.com/terms.html. Your use of the Site, Site Content or Site Services after the new User Terms are posted will indicate Your agreement to the new terms. Therefore, it is important that You review the User Terms page regularly to ensure You are familiar with the most current User Terms.