THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OPPER SPORTS, INC. ("OPPER SPORTS") STATING THE TERMS THAT GOVERN YOUR USE OF THE BODIES IN MOTION VIDEO ON DEMAND SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF OPPER SPORTS'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND OPPER SPORTS. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND OPPER SPORTS MAY REFUSE ACCESS TO THE BODIES IN MOTION VIDEO DOWNLOAD SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. THE SERVICE
Opper Sports is the provider of the Bodies in Motion Video on Demand Service (the "Service") that offers digitized versions of movies, television shows, sporting events, and other video content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content in two different ways: by streaming a copy, or by downloading a copy. As indicated on the product detail pages of the Service, some Digital Content is available for streaming only, some Digital Content is available for download only, and some Digital Content is available for streaming and download.
2. SYSTEM REQUIREMENTS
In order to be able to stream or download Digital Content from the Service and to view Digital Content on the Service, you will need a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
3. POLICIES AND RULES
Your use of the Service and purchases made through it are subject to the Terms of Sale at http://www.giladondemand.com/bodiesinmotion/termsofsale, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read the Terms of Sale, you should do so now.
4. YOUR INFORMATION
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Opper Sports may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Opper Sports may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit.
5. USER ACCOUNT AND SECURITY
a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Opper Sports of any unauthorized use of your Account or any other breach of security. Opper Sports shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and products purchased through the Service, such as videos and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Opper Sports and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Opper Sports for compliance purposes, and Opper Sports reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Opper Sports for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
6. LICENSE TO DIGITAL CONTENT DOWNLOADS
The Service allows you to: (i) pay a fee to view Digital Content an unlimited number of times over a limited period of time ("Rental Digital Content"), or (ii) pay a fee to view Digital Content an unlimited number of times over an indefinite period of time ("Purchased Digital Content"). As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to purchase or rent the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content.
a. Rental Digital Content. Upon your payment of the rental fee, Opper Sports grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to stream, and to view, use and privately display, for Non-Commercial, Private Use, the Rental Digital Content rented by you, by way of one (1) non-portable Authorized Device (e.g., a laptop or desktop computer) connected to the Service over the Internet, all as specified on the detail pages of the Rental Digital Content or other help or informational pages of the Service at the time of your payment. Unless otherwise designated on a detail page for Rental Digital Content, the license for Rental Digital Content is limited in its term and duration to twenty-four (24) hours from the time your payment of the rental fee is made or you start viewing the Rental Digital Content, whichever period ends sooner.
b. Purchased Digital Content. Upon your payment of the purchase fee, Opper Sports grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license (i) to download, (ii) to retain a permanent downloaded copy of, and (iii) to view, use, and privately display, for Non-Commercial, Private Use, the Purchased Digital Content purchased by you, on Authorized Devices, all as specified on the detail pages of the Purchased Digital Content or other help or informational pages of the Service at the time of your payment. With respect to downloaded copies of Purchased Digital Content, you may exercise these rights on up to two (2) non-portable Authorized Devices (e.g., laptop or desktop computers) and two (2) portable Authorized Devices, as specifically designated by Opper Sports from time to time.
c. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase. If you are unable to complete a download after having reviewed our online help resources, please contact the Bodies in Motion Video on Demand customer support. Once you purchase or rent Digital Content and we make the Digital Content available to you, you bear responsibility for completing download, if you choose to download, and for all risk of loss of the Digital Content after download. Purchased Digital Content will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Opper Sports will not be liable to you if purchased Digital Content becomes unavailable for further download or streaming.
d. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not:
i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
ii. remove any proprietary notices or labels on the Digital Content;
iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or,
iv. use the Service or Digital Content for any commercial or illegal purpose.
7. AGREEMENT TO PAY
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Opper Sports may charge your credit for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING OPPER SPORTS WITH A VALID CREDIT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Opper Sports can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
8. DELIVERY OF PRODUCTS.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Opper Sports.
9. RESERVATION OF RIGHTS.
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service and Digital Content are reserved and retained by Opper Sports and its licensors, and Opper Sports and its licensors do not transfer any right, title or interest in the Digital Content. You do not acquire any ownership rights in the Digital Content as a result of streaming or downloading Digital Content.
10. LIMITED TO U.S.
Due to restrictions placed on us by our content providers, we are currently only able to make the Service available to customers located in the United States. We regret that you may not use the Service if you are outside of the United States. If you are inside the United States, you may not transfer Digital Content outside the United States. "United States" refers to the 48 contiguous United States, the District of Columbia, Alaska and Hawaii.
11. ALL RENTALS AND SALES FINAL.
All purchases and rentals of Digital Content are final when you click the "Complete Purchase" button.
a. Termination by Opper Sports. If you fail, or Opper Sports suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Opper Sports with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Opper Sports, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Opper Sports reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Opper Sports will not be liable to you or to any third party should it exercise such rights.
13. GENERAL COMPLIANCE WITH LAWS.
The Service is controlled and operated by Opper Sports from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
14. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEBSITES.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, Opper Sports may provide links to certain third party Web sites. You acknowledge and agree that Opper Sports is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Opper Sports does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Opper Sports is not in any way responsible for any such use by you.
15. INTELLECTUAL PROPERTY.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Opper Sports and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Opper Sports Content or Other Materials. Notwithstanding any other provision of this Agreement, Opper Sports and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Opper Sports be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Opper Sports may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the Bodies in Motion Video on Demand Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Opper Sports and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Opper Sports trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Opper Sports, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
16. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
a. OPPER SPORTS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME OPPER SPORTS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY OPPER SPORTS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL OPPER SPORTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OPPER SPORTS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. OPPER SPORTS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND OPPER SPORTS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. OPPER SPORTS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OPPER SPORTS DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
17. WAIVER AND INDEMNITY.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD OPPER SPORTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY OPPER SPORTS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM OPPER SPORTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OPPER SPORTS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Opper Sports reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Bodies in Motion Video on Demand Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Opper Sports may send you notice with respect to the Service by sending an email message to the email address listed in your Opper Sports Account contact information, by sending a letter via postal mail to the contact address listed in your Opper Sports Account contact information, or by a posting on the Bodies in Motion Video on Demand Service. Notices shall become effective immediately.
20. GOVERNING LAW.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Opper Sports or relating in any way to your use of the Service resides in the courts of the State of California.
21. ADDITIONAL TERMS
a. These Terms of Service constitute the entire agreement between you and Opper Sports and govern your use of the Service, superseding any prior agreements between you and Opper Sports. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Opper Sports's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Opper Sports will not be responsible for failures to fulfill any obligations due to causes beyond its control.
b. If you violate any of the terms or conditions of this Agreement, your license to Rental Digital Content and Purchased Digital Content will immediately terminate, and Opper Sports may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and Opper Sports shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
c. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and Opper Sports shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Opper Sports does not guarantee their accuracy.
d. Opper Sports reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Opper Sports will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
e. Opper Sports reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
f. Content providers providing Digital Content that you rent or purchase on the Service are intended third-party beneficiaries under this Agreement.