To subscribe to the ItsHD Online Service (the "Service"), you must provide IMOVIES with your complete name, e-mail address and credit or debit card number (the card you selected hereinafter referred to as your "Payment Card" The Service requires an Internet connection and will operate only on the hardware and software platforms specified on this Site. It is your responsibility to ensure that you have the appropriate software, hardware and an Internet connection to operate the Service. IMOVIES reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
All materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that IMOVIES and/or its affiliates and subsidiaries make generally available (the "Site Content") or make available only to registered users of this Site pursuant to a fee-based license in virtue of the "Premium Content" section below (the "Premium Content"), are intended only for persons over the age of eighteen (18). (The Site Content and Premium Content shall be collectively referred to as the "Download Content"). As such, in order to register for the Service and/or obtain any of the Premium Content available through the Service, you hereby represent and warrant that you are eighteen (18) years of age or older.
There are two (2) types of memberships: a free (default) account and a premium account. If you choose a free membership, you will NOT be charged recurring fees. Your Payment Card will be kept on file for movie purchases and rentals, and will be charged only if you choose to purchase or rent a movie. If you choose to upgrade to our premium memberships, a recurring charge on your Payment Card will be charged. By requesting a premium membership, you agree and authorize IMOVIES or its agent to charge your Payment Card the periodic premium membership fee (plus applicable taxes) corresponding to the premium membership plan you have selected (e.g.: 1 month, 2 months, 3 months, 6 months) on each periodic anniversary date of that premium plan, until your ItsHD Online premium membership is terminated or cancelled as herein provided. For example, if you have subscribed to a monthly premium plan and your paid premium membership began on June 19, your periodic anniversary date shall be the 19th day of each following month, and your Payment Card will be charged for the applicable periodic (monthly) premium membership fee on that date each following month. If you have a six (6) month premium plan, and your paid premium membership began on June 19, your periodic anniversary date shall be the nineteenth (19th) day of every following six (6) month period (that is, each following December and June), and your Payment Card will be charged the applicable periodic (six (6) months) premium membership fee on that date every six (6) months. If your periodic anniversary date falls on a date that is not contained in your anniversary month (for example, if your paid premium membership started on the thirty-first (31st) day of a month), your payment method will be charged on the first (1st) day of the following month. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic premium membership fee. You agree to pay the applicable periodic premium membership fees (plus applicable taxes) in accordance with your Payment Card issuer agreement. You also authorize IMOVIES to charge your Payment Card for any other charges you may incur associated with your ItsHD Online membership.
You are solely responsible for any and all fees charged to your Payment Card by the relevant issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
IMOVIES will charge you for all applicable taxes, including, without limitation, any applicable state, provincial, federal and local taxes.
You authorize IMOVIES to place a pending charge on your Payment Card when you become a member, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card. They are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00) per pending charge.
If your Payment Card reaches its original expiration date, your failure to cancel your ItsHD Online membership shall constitute authorization for IMOVIES to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic membership fee, you have a period of nine (9) days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information by visiting https://www.itshd.com/support/. If IMOVIES is able to charge your Payment Card (existing or new, if you have provided new Payment Card information,) during the abovementioned nine (9) day period and any past due ItsHD Online membership fees are paid, then ItsHD Online benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your ItsHD Online membership is cancelled (your original anniversary date will still apply). If IMOVIES is unable to charge your Payment Card (existing or new, if you have provided new Payment Card information), within the abovementioned nine (9) day period, then your ItsHD Online membership will be indefinitely suspended beginning on the tenth (10th) day from the date your Payment Card was initially declined. During a period of thirty (30) days immediately following the suspension of your membership, IMOVIES may attempt to charge the Payment Card for the periodic membership fee. If the overdue charge is accepted, then your ItsHD Online benefits will be reinstated as of the date the charge is accepted in full. Such charge date will then become your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your ItsHD Online membership is terminated or cancelled.
The ItsHD Online membership term commences on the date you sign up for ItsHD Online membership and is valid with renewals until termination or cancellation as outlined below (the "Membership Term").
From time to time, IMOVIES may offer a free trial period for the Service to first-time customers. Unless otherwise specified, this offer is limited to one (1) free trial subscription per household and/or Payment Card. When such an offer is made, at the time of registration for your free trial, your Payment Card will be authorized for one (1) month of Service plus applicable taxes, though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including the duration of the free trial, may vary. Specific details of your free trial not covered in these Terms and Conditions of Use will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership process. Your trial period begins on the day you sign up for the Service, not the day you first access Download Content.
UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY UNDER THE ONE (1) MONTH SUBSCRIPTION PLAN, REGARDLESS OF THE LENGTH OF YOUR FREE TRIAL PERIOD. The first (1st) day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period, unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD. You will not receive any notification from ItsHD at the expiration of your free trial period. Please note the expiration date of your free trial period for your records.
During the free trial period, you will receive the benefits of the Service at no charge. Membership may be cancelled or modified at any time prior to the end of your free trial period by calling toll-free at 1-877-801-9065 for the U.S.A. and Canada or +1 (438) 338-1012 for international members, seven (7) days per week from 6:00AM to 9:00PM, Eastern Standard Time. Alternatively, you can goto https://www.itshd.com/support/ and cancel your membership online. Please note that online cancellations are subject to a $0.99 service fee. Any plan changes made to your account prior to the end of your free trial period will nullify the remainder of your free trial period and you will be charged for the new plan you have selected.
From time to time, IMOVIES may offer a reduced membership fee for the Service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory promotional offer for new customers, at the time of registration for the Service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Card for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and the duration of the promotional price, may vary from time to time. The details of any offer not covered in these Terms and Conditions of Use will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership subscription process.
The Service and any other products and services offered or referred to on this Site are subject to the availability of such Service, products and services. Furthermore, the availability for purchase or rental of product types or individual products is subject to change by IMOVIES, in its sole discretion, at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase or rental, on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.
The initial periodic ItsHD Online membership fee is valid for an initial membership period starting on the date your paid membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid ItsHD Online membership begins on June 18, your initial membership fee entitles you to ItsHD Online benefits until July 18 and your payment method will be charged on July 18 (the anniversary date) for the period of July 18 through August 18. You can cancel your ItsHD Online membership at any time and you will not be charged for the subsequent renewals. For example, if your anniversary date is the fifth (5th) of each month and you cancel your IMOVIES Online membership on October 20, then you will not be charged on November 5 (for the November 5 to December 5 period) and your ItsHD Online membership will terminate on November 5.
To cancel your membership, simply call toll-free at 1-877-801-9065 for the U.S.A. and Canada or +1 (438) 338-1012 for international members, seven (7) days per week from 6:00AM to 9:00PM , Eastern Standard Time. When you cancel your membership, you will be required to provide IMOVIES with certain information regarding your reason for cancellation. There are no refunds for any time period (or portions thereof) already billed or paid for. Alternatively, you can goto https://www.itshd.com/support/ and cancel your membership online. Please note that online cancellations are subject to a $0.99 service fee.
IMOVIES may make changes to the Service, including, without limitation, any promotional offers and free trials or availability and amount of e-coupons, at any time, and from time to time, without prior notice. In addition, IMOVIES may change the ItsHD Online periodic membership fees and the number or composition of permitted rentals from time to time, provided, however, that IMOVIES will give prior notice via e-mail of any change to the periodic membership fees or price or the number or composition of permitted that will adversely affect you. You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable ItsHD Online periodic membership fee (plus applicable taxes) on each anniversary date after the effective date of such change, and you authorize IMOVIES to charge the new applicable periodic membership fee (plus applicable taxes) to your Payment Card.
IMOVIES reserves the right to suspend or cancel the Service (including, without limitation, ceasing to offer one or all of ItsHD Online membership plans, promotional offers or free trials) without prior notice, in IMOVIES sole discretion. IMOVIES also reserves the right to suspend or cancel the Service or certain aspects thereof in certain geographic areas without prior notice. You agree that subscription to the service does not involve an extension of credit and is not a retail instalment sale and that, as such, you may cancel your membership at any time. [This paragraph shall be considered void and unwritten where prohibited by applicable law, without adversely affecting the validity or enforceability of any other provision hereof.] IMOVIES may suspend or terminate your ItsHD Online membership account, or otherwise restrict your use of the Service, in IMOVIES's sole discretion, with or without cause.
You may modify your ItsHD Online membership plan (i.e., upgrade, downgrade, and/or change from a monthly plan to any available plan with longer initial and renewal membership periods), so long as there is no lapse in your membership, visit https://www.itshd.com/members/, go to "My Account", and request to modify. You will be asked to consent to the new periodic membership fee. By modifying your ItsHD Online membership, you are also agreeing and directing IMOVIES or its agent to continue to automatically renew your new ItsHD Online membership on each anniversary date applicable to the new membership plan, for the applicable membership fee (plus applicable taxes) by charging your Payment Card until your ItsHD Online membership is terminated or cancelled as provided herein. The new membership plan will begin on the day which would have been the anniversary date of the prior membership plan.
One (1) month, three (3) month or six (6) month premium members may cancel their subscription at anytime during the initial thirty (30) day period following registration and receive a one hundred percent (100%) refund of their respective membership price. No refunds will be issued after the first thirty (30) days of Service. PREMIUM MEMBERS WHO HAVE REGISTERED THROUGH A FREE TRIAL PROMOTION ARE NOT ELIGIBLE FOR ANY REFUND AND DO NOT BENEFIT FROM THIS SATISFACTION GUARANTEE. All cancellations must be made by telephone at 1-877-801-9065 for the U.S.A. and Canada or +1 (438) 338-1012 for international members, seven (7) days a week, from 6:00AM to 9:00PM , Eastern Standard Time. For additional questions or concerns, please contact our support team at https://www.itshd.com/support/. IMOVIES reserves the right to modify or amend the satisfaction guarantee at anytime without prior notice.
Premium Content includes (A) video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period (the "Rental Content"), and (B) video content offerings (which may be labelled "buy download" on the Site) in which you pay a specific fee to have the right to view such video content for an unlimited number of times (the "Retained Content").
IMOVIES charges a license fee each time you license the right to view Premium Content through the Service (the "License Fee"). The License Fee price will be made available to you at the time of purchase. Payment for such Premium Content may be made by credit or debit card, and you hereby authorize IMOVIES and/or its authorized agent to transact such payments on your behalf, as License Fee accrue. In addition, if you authorize IMOVIES to do so, we will retain your Payment Card or other payment information, as applicable, in our database to facilitate your checkout process for future Premium Content transactions. You agree and acknowledge that if you wrongfully or fraudulently report your Payment Card used to obtain the Premium Content from the Service as stolen, or if you wrongfully or fraudulently report that an authorized charge has been made by IMOVIES and/or its authorized agent, IMOVIES may, in its sole discretion, pursue any available rights or remedies against you whether at law or in equity, including, without limitation, the right to terminate this Terms and Conditions of Use Agreement and your ability to use the Service.
Upon payment of the initial License Fee, IMOVIES will grant you a non-exclusive, non-transferable, limited right and license to privately view and use the display in your Residence (as defined herein below) or for Permitted Non-Residential Use (as defined hereinbelow), the Rental Content purchased by you, by way of one (1) computer (or other device specifically authorized by IMOVIES connected to the Service over the Internet, provided that you comply fully with these Terms and Conditions of Use. IMOVIES will save the Rental Content to your hard drive. You shall not be permitted to copy or move the Rental Content from its originally stored location on your hard drive. The initial license to the Rental Content is limited in its term and duration to thirty (30) days from its original date and time of download or twenty-four (24) hours from the start of its initial display and viewing, whichever occurs first, unless otherwise specified as being limited to a shorter term at the time of purchase. In some cases, to the extent specified on the Site, you may be permitted to purchase licenses for one (1) or more additional twenty-four (24) hour viewing periods for a particular item of Rental Content. If you purchase an additional license for such Rental Content (to the extent such additional license is available), you will be granted an additional viewing period of twenty-four (24) hours from the start of its display and viewing. You understand and agree that you will not be able to access and view such Rental Content upon expiration of the license term. For purposes of these Terms and Conditions of Use, the following definitions will apply: (i) "Residence" shall mean a private, residential dwelling unit or a private one (1) person individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) "Permitted Non-Residential Use" shall mean the private viewing by one (1) or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue (as defined hereinbelow); provided, however, that any such viewing for which an access fee or other admission charge is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non Residential Venue (or by a third party under any agreement or arrangement with such Non Residential Venue) for display of programming in a common area shall not constitute a Permitted Non-Residential Use; and (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence. IMOVIES reserves the right to pursue all rights, remedies and recourses, and claim all damages against any person for the unauthorized use of the Service.
Upon payment of the License Fee, IMOVIES will grant you a non-exclusive, non-transferable, limited right and license under copyright to create and retain a permanent copy of the Retained Content and to view, use and privately display in your Residence or for Permitted Non Residential Use, the Retained Content purchased by you, subject to the following rules:
IMOVIES may determine from time-to-time, in its sole discretion, those devices that are compatible to receive a license to view the Retained Content. Any rights granted to you hereunder (or on the Site at the time of purchase) to make and keep any copies of the Retained Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content.
You are solely responsible for retaining a permanent copy of the Retained Content. If the Retained Content that you purchase does not download and play correctly, please contact Customer Service at https://www.itshd.com/support/ and we will endeavour to resolve the problem. Once you have successfully downloaded a copy of the Retained Content, IMOVIES will not replace the Retained Content if you are unable to play it or if you lose the Retained Content, including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Retained Content does not play for any other reason.
You agree and acknowledge that you shall not acquire any ownership rights by downloading any Retained Content from the Service, and the license granted to you as set forth in these Terms and Conditions of Use does not transfer or grant any ownership rights to you, nor act as waiver any rights of IMOVIES, its licensors or the copyright owners with respect to any Retained Content.
You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the Retained Content, or use the Retained Content in any manner other than as set forth above or as otherwise stated on the Site at the time you purchased the Retained Content. Any additional usage rules set forth on the Site shall become part of, and are incorporated into, these Terms and Conditions of Use.
In providing registration and transactional information to IMOVIES, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If IMOVIES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IMOVIES has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) post excessive responses to interactive features or functions of this Site; or (f) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of e mail repeatedly to the same e mail address).
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libellous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of IMOVIES or one of its service provider, you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running an unreasonable number of hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site; (f) use this Site to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site or of another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Service, or (ii) use the Service or Download Content for any commercial purpose.
If you violate these Terms and Conditions of Use, including your obligations pursuant to this section entitled "Your Obligations", IMOVIES may, at its sole discretion, suspend or terminate your account, and terminate your access to the Service, with or without notice to you; in such case you agree to destroy any copy of Download Content that you have in your possession. Furthermore, IMOVIES may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Terms and Conditions of Use or its (or its licensor's) rights under law.
You consent to receive communications from IMOVIES about your ItsHD Online membership electronically, either by e-mail or by notices posted on this Site, as determined by IMOVIES in its sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by IMOVIES in writing is satisfied by such electronic communication. You agree that IMOVIES may send you e-mails which include notices about your account as well as information pertaining to the Service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with IMOVIES.
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered.
IMOVIES personal information practices are governed by IMOVIES privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of thirteen (13).
This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of IMOVIES or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
IMOVIES does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.
You are solely responsible for managing your password and for keeping your password confidential. No one from IMOVIES will be authorized to provide your password. If you have forgotten your password, click on the "Forgot Password?" link at the top of the screen. Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your ItsHD account. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IMOVIES copyright agent the written information specified below. Please note that this procedure is exclusively for notifying IMOVIES and its affiliates that your copyrighted material has been infringed.
IMOVIES Copyright Administrator for notice of claims of copyright infringement on this Site can be reached at firstname.lastname@example.org.
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of IMOVIES or its licensors and are protected by copyright, trademark and other intellectual property laws. ItsHD name, design and related marks are trademarks of IMOVIES ©2013 IMOVIES. All rights reserved.
IMOVIES hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of IMOVIES . Use of Materials is only permitted with the express written permission of IMOVIES and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this Site.
The Download Content provided by IMOVIES or third parties through the Service is the property of IMOVIES and/or its subsidiaries and its licensors. Title, ownership rights and intellectual property rights in and to such Download Content is the property of either IMOVIES or third-party content owners or copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, these Terms and Conditions of Use give you no express or implied license or right to the Download Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Download Content.
The Download Content provided by IMOVIES is for personal, non-commercial use only. IMOVIES does not condone unauthorized copying, distribution or other infringement of protected intellectual property of IMOVIES or of third parties.
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. IMOVIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, IMOVIES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL IMOVIES, ITS AFFILIATES, IMOVIES FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT IMOVIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
You agree to fully indemnify and hold harmless IMOVIES and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site, including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
RSS feeds are provided as a quick and easy way for you to distribute information from the ItsHD web site or from your ItsHD Online account. RSS feeds are accessible through an XML-based URL that can be accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information about your ItsHD account (Queue, Movie Ratings and Rental Activity) is at your own discretion. If you use personal RSS feeds, you consent that the information in the feeds will be transferred to the location in which you enable the RSS feed. IMOVIES will not pass any personally identifiable information in your feed. However, your use of an RSS feed may cause personally identifiable information that is associated with the RSS feed to be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your sole discretion and risk.
Use of the ItsHD RSS feeds is for non-commercial, personal use and whether or not you use an RSS feed is entirely at your discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution to ItsHD, you may not remove the attribution. IMOVIES provides no warranty regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time without notice. IMOVIES is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.
You agree that these Terms and Conditions of Use, the Service and all communications with IMOVIES shall be in the English language. / Vous confirmez que c'est votre volonté expresse que les Termes et conditions d'emploi, le Service et toute communication avec IMOVIES soient en anglais.
These Terms and Conditions of Use constitute the entire agreement between you and IMOVIES with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto.
No failure by IMOVIES or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.
From time to time, IMOVIES may offer a reduced membership fee for the Service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory promotional offer for new customers, at the time of registration for the Service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Card for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and the duration of the promotional price, may vary from time to time. The details of any offer not covered in these Terms and Conditions of Use will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership subscription process. With my inquiry I accept, that the company cpx-Media AG in Diepoldsau, Switzerland sends me consumer information at the stated email address until cancelled.
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