Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PEERFLIX SITE OR SERVICES. BY USING, VISITING OR BROWSING THE PEERFLIX SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, YOU DO NOT HAVE ANY RIGHT TO USE THE PEERFLIX SITE OR SERVICES. PEERFLIX'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY PEERFLIX, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Web pages available at www.peerflix.com, and all linked pages ("Site"), are owned and operated by Peerflix, Inc. ("Company"), a Delaware corporation, and are accessed by you ("User") under the following terms and conditions:

ACCESS TO THE SERVICES
Subject to the terms and conditions of these Terms of Service, Company may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Company performs for User, as well as the offering of any content on the Site. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify these Terms of Service at any time without notice by posting a new version on the Site under the "Terms of Service" hyperlink or elsewhere. Use of the Site or Services by User following such change constitutes User's acceptance of the terms and conditions of the Terms of Service as modified and the most current version of the Terms of Service will supersede all previous versions.

User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. These Terms of Service are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, printer, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

SITE CONTENT
The Site and its contents are intended solely for the use by Company's Users and may only be used in accordance with the terms of these Terms of Service, the Peerflix Service Policies and the Peerflix Privacy Policy. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

User may not download or copy the Content, or other items displayed on the Site for download, without the express written consent of Company. User shall not store any portion of any Content in any form. Copying or storing of any Content is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Company property and User hereby assigns all rights, title and interests in and to such contributions to Company/Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by Company and agrees not to assert any Moral Rights with respect thereto. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

POSTING CONTENT ON THE SITE
Users may use the Site to post, reviews, comments, information, data, messages, directions and other content; and submit suggestions, ideas, questions, or other information (collectively “Content”), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content. While Company does not regularly review posted Content, Company does reserve the right (but not the obligation) to remove or edit such Content and pursue any available remedies at law.

If you do post Content or submit material to the Site, you grant Company and its affiliates a nonexclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Company or its affiliates for all claims resulting from Content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or Content. Company takes no responsibility and assumes no liability for any Content posted by you or any third party.

You understand and agree that Site is provided "AS-IS" and that Company assumes no responsibility or liability for, among other things, (1) any outages or interruptions (2) the unavailability of particular postings, features or services, (3) the inability to access the Site, (4) the failure or inability to post materials to the Site, (4) the deletion of materials posted to the Site or (5) the failure to store materials posted to the Site.

Please use caution and common sense when viewing the Content. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted it, and that you will be solely responsible for any Content that you post, email or otherwise transmit via the Site. You acknowledge that Company is not responsible for, does not control, does not endorse and does not verify the Content posted to the Site or available through the Site, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will Company be liable in any way to you for any Content, 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 posted or otherwise transmitted via the Site.

You understand that Company does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Site may contain links to other websites, which are completely independent of Company. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.
User agrees not to use the Site to:
a) violate or solicit the violation of any applicable local, state, national or international law;
b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
c) upload, post, email or otherwise transmit any Content that (1) is unlawful, false, deceptive, harmful, harassing, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, terrorism, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (7) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or (8) you do not have a right to upload or post due to contractual or other legal obligation.
d) impersonate any person or entity, including, but not limited to, a Company employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
f) interfere with or disrupt the Site, computer servers or postings accessible through the Site;
g) disseminate off-topic messages on postings promoting any product, service, web site, board or venture, or promote postings on the Site through unsolicited electronic mail messages to third parties;
h) retransmit, re-broadcast or retrieve either though automated or repetitive manual means the Content stored in and/or managed by the Site.
i) conduct any action or publish any Content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.
j) use the Site as a promotional tool, for excessive or inappropriate linking to third party sites, or as a search engine optimization tool.
k) contact anyone who has asked not to be contacted.
l) "stalk" or otherwise harass anyone.
m) collect personal data about other users for commercial or unlawful purposes.
n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site - unless expressly permitted by Company.
o) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
If you do use the Site to commit any of the above, Company may, at its sole discretion, terminate your password, account (or any part of it) or ability to use the Site, and remove and discard any Content within the Site, as well as pursue any remedies available at law.

RESTRICTIONS
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in.

User may not use the Site or Services for any commercial purposes or for the benefit of any third party.

Movies
Users may not illegally copy movies. A User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of movies or unlawfully distributes movies. As a User, you acknowledge and agree that you have valid title and ownership rights to any movies that you make available on the Site or Service. You are aware that not all movies are available on the Site or via the Services and Company cannot, and does not, guarantee any User will receive any movie or the order in which a User will receive the movies they have requested.

PRIVACY
Usage of the Site or Services and any information submitted therein is subject to our Privacy Policy, the terms of which are incorporated herein. Users are advised to review our Privacy Policy.

LINKS
The Company Site or Services may contain links to or references to third party websites. The Company is not responsible for these websites and has not reviewed such websites.

MEMBERSHIP, BILLING, PAYMENT
Details of your membership are available on the My Account page of the Site. On occasion the Company may offer a free trial, promotions or other incentives. These offers are only available while they last and are a subject to a maximum of one per household. At the end of any free trial, promotion or incentive you will begin to be billed automatically unless you cancel as required by the Company. You agree that as a User we are permitted to automatically charge or debit, as applicable, without further notice the fees you incur in your use of the Site or Services. The fees for the Site and Services will be automatically renewed and charged to you.

TRADE CASH
Users acknowledge that buying and selling movies via the Site is done through the use of Trade Cash. The Trade Cash balance of a User’s account will be reduced when it is used to purchase movies, cashed out when requested by that User subject to any limitations set forth in the Peerflix Service Policies, or depleted as a result of service or other fees. Users are required to expressly request via an email to Customer Support when they would like to “cash out” their Trade Cash account and Company will issue a cash out payment per the Trade Cash Disbursement policy set forth in the Peerflix Service Policies. Additionally, Trade Cash cash out payments will be disbursed to User following a User-initiated cancellation per the Trade Cash Disbursement policy. Users acknowledge that Trade Cash balances in their accounts may be extinguished, cancelled or otherwise reduced by one time or periodic fees set from time to time by the Company. In the event User’s account is inactive for ninety (90) days, their account will be terminated and any Trade Cash balance will immediately expire without further notice.

INACTIVE ACCOUNTS
In the event that User does not log into their account for a period of ninety (90) days or more, Company may cancel their account and extinguish any Trade Cash balance in the account without further notice. Upon the cancellation of any account, User acknowledges that any Trade Cash balance in that account will be forfeited and under no circumstances does User have any right to redeem Trade Cash or otherwise receive any refund or other monetary amount from Company.

COOKIES
The Company may place a cookie or other small text file on any computer from which a User accesses the Site or Services.

WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to User. User acknowledges that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Company from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.

REGISTRATION AND SECURITY
As a condition to using Services, User may be required to register with Company and select a password and screen name ("Company User ID"). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of User's account. User may not (i) select or use as a Company User ID or a screen name of another person with the intent to impersonate that person; or (ii) use a Company User ID or a screen name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID or screen name in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password.

INDEMNITY
User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of these Terms of Service or Peerflix Service Policies by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE TO A USER WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR TWENTY-FIVE DOLLARS ($25), WHICHEVER IS LESS; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

FEES AND PAYMENT
Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. User authorizes Company to automatically charge User for any and all fees incurred by User. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User's acceptance of any new or increased charges.

MOVIE PRICING
When adding titles to your Want list, the default setting for the “Want It” button selects all possible editions of the title which may be priced differently and feature different content than the edition you see while browsing. To stipulate exactly which edition of a title you want, you must visit the Movie Detail page of the title in question and specifically select or de-select the appropriate editions you want or do not want. If you do not want to receive certain editions of a title, you may deselect those editions by unchecking the box on the Movie Detail page. By accepting receipt of any edition, you may pay a price higher than you had expected when you placed the title on your Want List.

FRAUD, ACCOUNT SUSPENSION OR TERMINATION, PEERSAFE PROTECTION PROGRAM, ETC.
User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a movie but not actually sending it, claiming a movie was never received when in fact it was, claiming a movie is lost, broken, incorrect, scratched or otherwise problematic when it is not, intentionally sending damaged, incorrect or illegal movies, etc.

Company reserves the right, in its sole and complete discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time with or without cause for any reason or no reason. Upon termination of the User's account, User's right to use the Services, access the Site, and any Content will immediately cease. Any fees paid by a User are non-refundable and Trade Cash balances of the User’s account may be reduced by one time or periodic fees set from time to time by the Company.

Users are limited in the number of lost claims that can be filed, lost claims that can be filed against them, and illegal disc claims that can be filed against them in a given month and/or in lifetime use of the Site. The maximum number of the aforementioned claims that can filed in a given month is 2. The maximum number of aforementioned claims that can be filed in a lifetime is 5. The maximum dollar amount that can filed in a lifetime is $50. Company may, at its sole and complete discretion, determine that the User is not eligible for the Peersafe Protection Program and Company may elect not to apply any credit to the individual's account. Company may also, at its sole discretion, suspend or terminate a User’s account or access to the Site or Services in addition to pursuing any remedies available at law.

Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our Site or Services to you if: (a) you breach these Terms of Service, Peerflix Service Policies or the documents they incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by User except with Company's prior written consent. These Terms of Service shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and User does not have any authority of any kind to bind Company in any respect whatsoever. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

These Terms of Use also incorporate and you explicitly agree to be bound by the Peerflix Service Policies and the Peerflix Privacy Policy.