2. ACCESS AND USE OF THE TomatoMovies SERVICES
A.Age Limitations and Restrictions.
B.Registration and Your Information.
1.If you want to use certain features of the TomatoMovies Services you will need to create an account (“Account”). You can do this with your email address via the TomatoMovies Site or Apps, or using your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option, please note that we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
2.It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you do not, we may suspend or terminate your Account. You agree that you will keep your password and Account information secure and that you will not disclose your Account password to anyone else and you will notify us immediately of any unauthorized use of your Account. You are responsible for all inaccuracies in your Account information and all activities that occur under your Account, regardless of whether or not you know about them.
The Content is available for permissible viewing on or through the TomatoMovies Services.
E.The Video Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
G.Accessing Apps from App Store.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TomatoMovies.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
7.You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.You must also comply with all applicable third party terms of service when using the App.
As between you and TomatoMovies, TomatoMovies and/or TomatoMovies’s licensors exclusively own, control and retain all right, title and interest in and to the TomatoMovies Services and the Content, including all associated intellectual property rights. You acknowledge that the TomatoMovies Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TomatoMovies Services, including without limitation the Content.
Your Responsibilities and TomatoMovies’s Enforcement Rights.
You can access and use the TomatoMovies Services and Content for lawful personal, non-commercial, and appropriate purposes only. You agree not to engage in any conduct that:
- violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or (2) is fraudulent, false, misleading or deceptive;
- uses technology or other means to access, index, frame, search or link to the TomatoMovies Services (including the Content) that is not authorized by TomatoMovies; remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by TomatoMovies or any of TomatoMovies’s providers or any other third party (including another user) to protect TomatoMovies Services, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the TomatoMovies Services;
- accesses, tampers with, or uses non-public areas of the TomatoMovies Services, TomatoMovies’s computer systems, or the technical delivery systems of TomatoMovies’s providers;
- involves accessing the TomatoMovies Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the TomatoMovies Services, excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- uses any meta tags or other hidden text or metadata utilizing a TomatoMovies trademark, logo URL or product name without TomatoMovies’s express written consent
- deciphers, decompiles, disassembles or reverse engineers any of the software used to provide the TomatoMovies Services;
- interferes with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the TomatoMovies Services;
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the TomatoMovies Services, including TomatoMovies’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the TomatoMovies Services (including the Content);
- uses the TomatoMovies Services to advertise or promote services that are not expressly approved in advance in writing by TomatoMovies;
- probe, scan or test the vulnerability of any TomatoMovies system or network or breach any security or authentication measures;
- collects or stores personally identifiable information from TomatoMovies Services without TomatoMovies’s authorization;
- violates, or encourages conduct that would violate, any applicable law or regulation, constitute a criminal offense or give rise to civil liability;
- interferes with any other party’s use and enjoyment of the TomatoMovies Services;
- encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.
J.No Spam/Unsolicited Communications.
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the TomatoMovies Services to provide personal information or otherwise collect information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the TomatoMovies Services, you acknowledge that you will have caused substantial harm to TomatoMovies and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay TomatoMovies $50 for each such unsolicited communication you send through the TomatoMovies Services.
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the TomatoMovies Services (including the Content and the devices through which the TomatoMovies Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that TomatoMovies may do so in TomatoMovies’s sole discretion. You also agree that TomatoMovies will not be liable to you for any modification, suspension, or discontinuance of the TomatoMovies Services.
M.Internet Access Charges.
You are responsible for any costs you incur to access the internet.
N.Customer Service; Availability.
If we can be of help to you, please do not hesitate to contact our customer service department by visiting our customer service web page on TomatoMoviestv.com. You acknowledge that from time to time the TomatoMovies Services may be inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions;
(ii) periodic maintenance procedures or repairs which TomatoMovies may undertake from time to time;
(iii) causes beyond the control of TomatoMovies or which are not reasonably foreseeable by TomatoMovies.
Third Party Posts.
You agree to waive any legal or equitable rights or remedies you may have against TomatoMovies with respect to User Material provided by other users. You acknowledge that Posts are public and TomatoMovies cannot guarantee the accuracy or security of any information provided through such Posts; you access and make such disclosures at your own risk. TomatoMovies is not responsible for the content or accuracy of any information contained in a Post, and shall not be responsible for any decisions made based on such information. TomatoMovies prohibits disclosing any inappropriate content or information, personal or sensitive information on or through the TomatoMovies Services.
5. LINKED DESTINATIONS AND ADVERTISING.
Third Party Destinations.
TomatoMovies is not responsible for advertisements or any third party material posted on any of the TomatoMovies Services, nor is TomatoMovies responsible for the products or services provided by advertisers. Any dealings you have with advertisers found while using the TomatoMovies Services are between you and the advertiser, and you agree that TomatoMovies is not liable for any loss or claim that you may have against an advertiser.
TomatoMovies, the TomatoMovies logo, and other TomatoMovies marks, graphics, logos, scripts, and sounds are trademarks, registered or otherwise, and trade dress of TomatoMovies, Inc.. You may not copy, download or exploit any of the TomatoMovies trademarks.
It is TomatoMovies’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts (“Unsolicited Submissions”). TomatoMovies’s policy is to delete any such submission without reading it. Therefore, any similarity between an Unsolicited Submission and any elements in any TomatoMovies creative work, including a film, series, story, title, or concept, would be purely coincidental. We welcome feedback, comments and suggestions for improvements to the TomatoMovies Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
THE TomatoMovies SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” TomatoMovies DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE TomatoMovies SERVICES OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TomatoMovies EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TomatoMovies MAKES NO WARRANTY THAT YOUR USE OF THE TomatoMovies SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE TomatoMovies SERVICES OR CONTENT WILL BE CORRECTED, THAT THE TomatoMovies SERVICES, CONTENT OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE TomatoMovies SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TomatoMovies WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE TomatoMovies SERVICES, CONTENT, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE TomatoMovies SERVICES, CONTENT, ATTENDANCE AT A TomatoMovies EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE TomatoMovies SERVICES OR CONTENT, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE TomatoMovies SERVICES, OR THE CONDUCT OF ANY USERS OF THE TomatoMovies SERVICES OR CONTENT, WHETHER ONLINE OR OFFLINE. YOUR USE OF POSTS, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE TomatoMovies SERVICES AND CONTENT, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE TomatoMovies SERVICES.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TomatoMovies’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TomatoMovies FOR THE TomatoMovies SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE TomatoMovies SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TomatoMovies WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO TomatoMovies FOR THE TomatoMovies SERVICES DURING THE TERM OF YOUR USE OF THE TomatoMovies SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO ACCESS OR USE THE TomatoMovies SERVICES OR CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF TomatoMovies’S ACTS OR OMISSIONS OR YOUR USE OF TomatoMovies SERVICES OR CONTENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS OR USE ANY PORTION OF THE TomatoMovies SERVICES OR CONTENT.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TomatoMovies HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect copyright law. If have any legal questions, please contact email：[email protected]
You may cancel your Account via the functionality provided in TomatoMovies Services.
11. GENERAL INFORMATION
Software and the transmission of applicable technical data, if any, in connection with the TomatoMovies Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the India or the country in which you reside.
Choice of Law and Forum.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and TomatoMovies agree to submit to the exclusive jurisdiction of the courts located in Delaware to resolve any Dispute arising out of the Agreement or the TomatoMovies Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE TomatoMovies SERVICES, OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Integration, Amendment, and Severability.
(i) via email;
(ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.