1. THE SERVICE
The Gigaplex Video on Demand Service (the "Service") offers digitized versions of movies, television shows, sporting events, news 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 by streaming a copy to a mobile device. As indicated on the product detail pages of the Service, some Digital Content is available only after a one time purchase of a specific app such as Gigaplex Classic Movies, some Digital Content is available for streaming via-pay-per-view and some content is available via monthly subscription.
2. AUTHORIZED DEVICES
In order to be able to stream Digital Content from the Service and to view Digital Content on the Service, you will need to use a portable media player, smart phone, tablet or other mobile device that (i) meets minimum system requirements that GigaplexÔ may establish from time to time and (ii) supports the digital rights management system for the Digital Content that you access on the Service (each such device, an “Authorized Device”). Each Authorized Device can be linked to only one account for the streaming of Digital Content from the Service.
3. 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 purchase an app to view Digital Content an unlimited number of times over an indefinite period of time ("Purchased Digital Content") or (iii) pay a monthly fee to view as much content as you want as many times as you want during the subscription period (“Subscription to View 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, GigaplexÔ 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) portable Authorized Device (e.g., a smart phone, iPhone, iPad, Blackberry) connected to the Service over a network, 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 two (2) days from your payment of the rental fee or twenty-four (24) hours from the time you start viewing the Rental Digital Content (by commencing streaming of the Digital Content), whichever period ends sooner. Gigaplex may cease streaming to your Authorized Device any Rental Digital Content that is beyond its limited license term, and you consent to the cessation. You may not copy or move Rental Digital Content from any location where it where it has been streamed to your Authorized Device.
b. Purchased App to View Digital GigaplexÔ Classic Movies Content. Upon your payment of the purchase fee, Gigaplex grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license (i) to view and (ii) to use, and privately display, for Non-Commercial, Private Use, the Purchased Digital Content App purchased by you, on Authorized Devices, all as specified on the detail pages of the Purchased Digital Content App or other help or informational pages of the Service at the time of your payment. With respect to streamed copies of Purchased Digital Content, you may only stream only one copy of Purchased Digital Content from your Service account at any one time.
c. Streaming Risk of Loss. If you are unable to view Purchased Digital Content after having reviewed our online help resources, please contact Gigaplex customer service. Purchased Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and Gigaplex will not be liable to you if purchased Digital Content becomes unavailable for further 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:
4. 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 Gigaplex and its licensors, and Gigaplex 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 Digital Content.
5. LIMITED GEOGRAPHY
Due to restrictions placed on us by our licensors, we may only be able to make certain content available to Gigaplex users located in specific geographies. We regret that you may not be able to use the Service to view a specific piece of Digital Content if Gigaplex has been restricted by a licensor for a specific geography.
6. ALL RENTALS AND SALES FINAL.
All purchases and rentals of Digital Content are final.
7. ADDITIONAL TERMS
a. 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 Gigaplex may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, Gigaplex shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. 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 Gigaplex 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 GigaplexÔ does not guarantee their accuracy.
c. Gigaplex reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Gigaplex will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
d. Gigaplex 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.
e. Content providers providing Digital Content that you rent or purchase on the Service are intended third-party beneficiaries under this Agreement.