A. Summary of Service
- Reelhouse is a platform where certain users (“Video Creators”) show video content for free, or provide video content for viewing and download for a fee, or provide recognition of users’ support on the Site for a fee, or sell merchandise based on or related to that video content, to other users (“Viewers”), such services referred to as video on demand (“VOD”) or subscription video on demand (“SVOD”). Through the Site, email, websites and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information and associated trademarks and copyrightable works (collectively, “Content”) on a VOD or SVOD or other basis. Video Creators, Viewers and other visitors to and users of the Service (collectively, “Users”; “you” and “your” refer to Users, Video Creators or Viewers, as the context implies) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
B. Acceptance of Terms
- The Service is available only to individuals who are at least 19 years old. You represent and warrant that if you are an individual, you are at least 19 years old and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
D. Rules and Conduct
(a) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
(b) you know is false, misleading, or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
(e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
(f) impersonates any person or entity, including any employee or representative of the Company;
(g) relates to sales of (i) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (v) items that are considered obscene, (vi) certain sexually oriented materials or services, (vii) ammunition, firearms, or certain firearm parts or accessories, or (viii) certain weapons or knives regulated under applicable law;
(h) relates to transactions that (i) show the personal information of third parties in violation of applicable law, (ii) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (iii) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iv) are for the sale of certain items before the seller has control or possession of the item, (v) are by payment processors to collect payments on behalf of merchants, (vi) are associated with the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (vii) provide certain credit repair or debt settlement services;
(i) involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
(j) violates applicable laws or industry regulations regarding the sale of (i) tobacco products, or (ii) prescription drugs and devices; or
(k) involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Reelhouse and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- Additionally, you shall not: (a) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third‑party providers’ infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (c) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (e) run Maillist, Listserv, or any form of auto‑responder or “spam” on the Service; or (f) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
- You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Service; or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, provincial, national and international laws and regulations.
- The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (a) cancel, reject, interrupt, remove, or suspend a campaign or project; (b) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (c) remove or block any User or User Submission. Reelhouse reserves the right not to comment on the reasons for any of these actions.
- You agree not to post Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) may constitute or contribute to a crime or tort; (d) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (e) contains any information or content that is illegal; (f) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (g) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Reelhouse reserves the right, but is not obligated, to reject or remove any Content that Reelhouse believes, in its sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization.
- The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account related security breach.
- You must keep your account password secure. Although Reelhouse will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Reelhouse or others due to such unauthorized use.
- You may use your User settings to control your User profile. By providing Reelhouse your email address you consent to Reelhouse using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
F. Projects: Paid Content and Commerce
Reelhouse is a platform where Video Creators can offer exclusive Content only available to Viewers who pay a fee (“Fee”) for the Content (the “Paid Content”). Video Creators can also offer merchandise based on or related to their Content for sale to Viewers (“Merchandise”). By designating Content as Paid Content or offering Merchandise for sale, or by paying a Fee to view Paid Content, or by purchasing Merchandise, you agree to be bound by this entire Agreement, including the following terms:
(a) It is up to a Video Creator to designate Content as Paid Content, and the Fee required to view and download the Paid Content. Any Content that is not designated as Paid Content will be accessible by all Users without paying a Fee.
(b) A Video Creator will be the legal entity to which Fees will be directed. By designating Paid Content, a Video Creator represents and warrants that it is the legal entity responsible for soliciting and receiving Fees for the Paid Content.
(c) To receive Fees, a Video Creator must establish an account (a “Fee Account”) with the payment processor designated by Reelhouse at the time the Video Creator designates Paid Content. You understand and agree that your Fee Account will be governed by your agreement with the payment processor, and that Reelhouse shall have no liability for your Fee Account or your transactions or interactions with the payment processor.
(d) All Fees paid to a Video Creator will be directed to the Video Creator’s Fee Account. An artist using the VOD service is charged 10% + $0.50 per VOD purchase. SVOD royalties will be divided and allocated amongst Video Creators based on pro rata views of Video Creators respective content each calendar quarter end. Reelhouse will direct funding contributions of all VOD purchases to the Video Creator’s Funding Account on a monthly basis on or about the first (1st) day of each month for contributions received during the preceding month. Reelhouse will direct funding contributions of all SVOD monthly membership proceeds to the Video Creator’s Funding Account on a quarterly basis on or about the first (1st) day of each quarter for contributions received during the previous quarter. If the owing amount for that quarter is less than $5.00 USD, Reelhouse will retain the amount until it surpasses $5.00 USD. Reelhouse is not responsible for any error or omission in the Fee Account information you provide.
(e) For VOD, all fee amounts will be set by the Video Creator and charged on the basis of access to Paid Content, as determined by the Video Creator. For SVOD, fee amounts will be set by Reelhouse and are subject to change.
(f) If a Video Creator offers Paid Content in return for Fees, the Video Creator hereby authorizes Reelhouse to make such Paid Content available for access to a Viewer for reviewing immediately upon a Viewer providing sufficient payment through Reelhouse’s designated payment processor. A Video Creator does not guarantee that any Content will remain designated as Paid Content, or that any Paid Content will remain on the Site. A Video Creator may change publicly available Content to Paid Content, and vice versa.
(h) A Video Creator shall have full responsibility for applicable taxes for all Fees and all payment for Merchandise paid to it under this Agreement, and for compliance with all applicable labour and employment requirements with respect to its self-employment, sole proprietorship or other form of business organization, and with respect to its employees and contractors, including worker’s compensation insurance coverage requirements and any applicable immigration visa requirements. You agree to indemnify, defend and hold Reelhouse harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labour or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Reelhouse by the relevant taxing authorities with respect to any Fees or payment for Merchandise paid to you.
(i) Reelhouse makes no representations, warranties or guarantee regarding the availability or quality of Paid Content, or the amount of any Fees to be made to a Video Creator under this Agreement.
(j) It is solely a Viewer’s choice to pay Fees to a Video Creator. You understand that paying Fees for Paid Content does not give you any rights in or to Paid Content, other than a non-exclusive, non-sublicensable, and non-transferable license to access and view the Paid Content (for which you paid Fees) for your own personal, non-commercial use. You understand that paying Fees for Support Recognition does not give you any rights in or to Content on the Site.
(k) Any purchase and sale of Merchandise is between the Viewer and the Video Creator only, and Reelhouse does not guarantee that Merchandise will be delivered or satisfactory.
(l) Fees paid to Video Creators are nonrefundable. Under certain circumstances Reelhouse may, but is under no obligation to, seek the refund of Fees if the Video Creator misrepresents the Paid Content, does not provide the access to Paid Content. The Viewer acknowledges and agrees that all his Fee transactions are between the Viewer, the Video Creator, and the payment processor only, and that Reelhouse is not responsible for Fee transactions, including without limitation any personal or payment information the Viewer provides to the payment processor.
(m) Reelhouse makes no representations regarding the deductibility of any contribution for tax purposes. Please consult your tax advisor for more information.
(n) Viewers agree to provide their payment information at the time they pay a Fee or a payment for Merchandise.
(o) Viewers consent to Reelhouse and its designated payment processor partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full Fee or Merchandise purchase price at any time between the agreement to pay and collection of the Fee or merchandise purchase price, or to effect payment immediately.
(p) Viewers agree to have sufficient funds or credit available at the time of payment to ensure that the Fee or Merchandise purchase price will be collectible.
(q) Video Creators agree to make a good faith attempt with best efforts to fulfill each sale of Merchandise by its estimated delivery period.
(s) For some Merchandise, the Video Creator needs further information from Viewers, such as a mailing address or t shirt size, to enable the Video Creator to deliver the Merchandise. The Video Creator shall request the information when offering Merchandise. To receive the Merchandise, Viewers agree to provide the requested information to the Video Creator.
(t) Reelhouse does not offer refunds or guarantee payment of Fees or payments for Merchandise. The Video Creator and Viewer each agree that Reelhouse is not responsible for the Fees and Merchandise transactions between them. A Video Creator is not required to grant a Viewer’s request for a refund of payment for Merchandise unless the Video Creator is unable or unwilling to deliver the Merchandise.
(u) Video Creators shall deliver Merchandise to Viewers who have paid and had their orders accepted, or refund any Viewer whose Merchandise the Video Creator cannot or does not deliver.
(v) Video Creators may cancel or refund a Viewer’s payment for Merchandise at any time and for any reason, and if they do so, are not required to deliver the Merchandise.
(w) Because of occasional failures of payments from Viewers, Reelhouse cannot guarantee the full receipt of the amount agreed upon minus Reelhouse’s fees.
(x) Reelhouse reserves the right to cancel a Fee or a payment for Merchandise at any time and for any reason. Reelhouse reserves the right to reject, cancel, interrupt, remove, or suspend an offering of Paid Content or Merchandise at any time and for any reason. Reelhouse is not liable for any damages as a result of any of those actions. Reelhouse’s policy is not to comment on the reasons for any of those actions.
- Reelhouse is not liable for any damages or loss incurred related to Fees, Support Recognition, Paid Content, Merchandise or any other use of the Service. All dealings are solely between Users. Reelhouse is under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with transactions on the Site. Reelhouse does not oversee the performance or punctuality of transactions. The Company does not endorse any User Submissions. You release Reelhouse, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
- Reelhouse pays out SVOD artists quarterly.
G. Fees and Payments
- Joining Reelhouse is free. However, we do charge service fees for certain services. When you use a service that has a service fee you have an opportunity to review and accept the service fee that you will be charged. Changes to service fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all service fees and taxes associated with your use of the Service.
- Reelhouse’s service fees, Fees charged by Video Creators and Merchandise purchase payments by Viewers are collected by Reelhouse’s payment processor. Reelhouse is not responsible for the performance of its payment processor. Reelhouse’s current payment processor is Paypal, but the use of Paypal as a payment processor is subject to change by Reelhouse.
H. Third-Party Sites
- The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third‑party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third‑party website or resource.
I. Content and License
- You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information and restrictions contained in any Content accessed through the Service.
- The Company grants to each User of the Service a worldwide, non‑exclusive, non‑sublicensable and non‑transferable license to view the Content, solely for personal, non‑commercial use. Use, reproduction, modification, distribution, or storage of any Content is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third‑party right.
J. Intellectual Property of Users
- By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
(a) The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license (the “License”) to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non‑exclusive, perpetual, irrevocable, royalty‑free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, and distribute your User Submissions and your trademarks, service marks, slogans, logos and similar proprietary rights (collectively, the “Trademarks”) only in connection with (a) the Service, and (b) promoting, marketing and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third‑party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to access and view the User Submissions and Trademarks in connection with the Service solely for personal, non-commercial use; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
(b) You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
(c) You grant to each User a non‑exclusive license to access and view your User Submissions through the Service solely for personal, non‑commercial use.
(e) You further agree, represent and warrant that:
(i) Your User Submissions will not contain third‑party copyrighted material, or material that is subject to other third‑party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Reelhouse all of the license rights granted herein.
(ii) You have all necessary right, title, and interest in and to your Content to be able to submit your Content to us and to grant to us and to our users the Licenses; and
(iii) the exercise of any rights granted pursuant to the Licenses will not infringe the intellectual property or other rights of any third party.
(f) You hereby waive any moral rights (including the rights of integrity and paternity) you have in your Content in our favour.
(g) You agree to defend, indemnify and hold harmless Reelhouse and our affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to our Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including any intellectual property right; or (iv) any claim that your Content caused damage to a third party, including any claim against us that the exercise of any right granted pursuant to the Licenses infringes any intellectual property rights of any third party. This section survives termination of this Agreement indefinitely.
(i) The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
(j) The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
(k) All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that Content originated.
(l) The Company will not be liable for any errors or omissions in any Content. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
(m) All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
(n) Notwithstanding anything to the contrary, the Company’s rights and license to the videos submitted by Video Creators are limited to making available for viewing and using and modifying for the purposes of promoting the Service or the fundraising campaign of the Video Creator. A Video Creator may remove his or her video User Submissions at any time.
- In accordance with the Digital Millennium Copyright Act (“DMCA”), Reelhouse has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Reelhouse also may terminate User accounts even based on a single infringement.
K. Copyright Notifications
- Reelhouse will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Reelhouse’s Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site, sufficient for Reelhouse to locate the material;
(d) your address, telephone number and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- If you believe that your work has been removed or disabled by mistake or misidentification, please notify Reelhouse’s Copyright Agent in writing. Your counter‑notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
(a) a physical or electronic signature of the User;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement made under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) the User’s name, address, telephone number and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
- Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
- If you fail to comply with these notice requirements, your notification or counter‑notification may not be valid.
- Our designated copyright agent for notice of alleged copyright infringement is:
Reelhouse Media Ltd. Attn: Copyright Agent 138 E 7th Avenue, Suite 100 Vancouver, BC V5T 1M6 Canada Email: email@example.com Fax: +1 604-669-8855
M. Warranty Disclaimer
- The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON‑INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Electronic Communications Privacy Act Notice (18 USC §2701‑2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade‑secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
O. Limitation of Liability
- IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Q. Electronic Delivery, Notice Policy and Your Consent
- By using the Services, you consent to receive from Reelhouse all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Reelhouse may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
R. Governing Law
- These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Reelhouse or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Province of British Columbia. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non‑use of the Services, shall be filed only in the courts located in the City of Vancouver, in the Province of British Columbia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
S. Integration and Severability
U. Membership, Free Trials, Billing and Cancellation
- Ongoing Membership. Your Reelhouse SVOD membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Reelhouse SVOD service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
- Your Reelhouse SVOD membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Reelhouse reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY REELHOUSE WEB PAGE (www.reelhouse.org) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Recurring Billing. By starting your Reelhouse SVOD membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Reelhouse service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Reelhouse website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Reelhouse SVOD membership at any time, and you will continue to have access to the Reelhouse service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for Reelhouse SVOD using your account with a third party as a Payment Method, and wish to cancel your Reelhouse SVOD membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Reelhouse SVOD service through that third party. You may also find billing information about your Reelhouse SVOD membership by visiting your account with the applicable third party.