These Altavod Terms of Use, as they may be subsequently amended (“Terms of Use” or “Terms”), outline the terms and conditions applicable to Your use of the Altavod service and any related services, aspects, functions, software platforms, applications and derivatives of the Altavod service (collectively, the "Service").
Please read these Altavod Service Terms of Use with care before You make use of the Altavod Service, which is located at www.Altavod.com (the “Website”). We'll refer to You here as "You” and “Your.” We will refer to Altavod Technologies LLC as “Altavod,” “we,” “us” or “our”.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS SUBJECT TO BINDING INDIVIDUAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, AS PROVIDED IN SECTION 22 (“DISPUTE RESOLUTION”). BY ACCEPTING THESE TERMS OF USE AND USING THE SERVICE, YOU HEREBY AGREE THAT ALL DISPUTES EXCEPT FOR INJUNCTIVE RELIEF AND DISPUTES ELIGIBLE FOR SMALL CLAIMS COURT WILL BE RESOLVED BY BINDING ARBITRATION AND NOT COURTS, JUDGES, OR JURIES, AND YOU HEREBY WAIVE YOUR RIGHTS TO GO TO COURT, YOUR RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE AS PART OF A CLASS OF PLANTIFFS WITH RESPECT TO SUCH DISPUTES. PLEASE NOT USE THE SERVICE IF YOU DO NOT AGREE WITH THE FOREGOING
By using the Service and accepting this these Terms of Use, You (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive Your rights to go to court, have a jury hear Your case, or participate as part of a class of plaintiffs with respect to such claims, all as more fully set forth in Section 22.
This is a legally binding agreement between Altavod and You.
Use of the Service for any purpose that is unlawful or prohibited by the Terms of Use is prohibited.
By using the Service, You acknowledge and agree that You are subject to the Terms of Use, including our Privacy Policy, which is incorporated by and made a part of the Terms of Use.
By accepting these Terms, You also confirm that You are either 18 years of age or older (or the applicable age of majority in Your province, territory or country, where not 18) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the permission, involvement and supervision of a parent or legal guardian, under such person's account and otherwise at all times subject to these Terms of Use.
If You do not accept these Terms of Use, You may not use the Service and hereby agree to refrain therefrom.
Welcome to the Altavod Service, a service provided by Altavod Technologies, LLC. Altavod is an Internet-based home entertainment service platform created by filmmakers for filmmakers to distribute their movies and related content how they want, where they want, when they want for viewing by users via their computer, mobile device, Internet-capable television and/or a proprietary device manufactured by Altavod or a third party who is licensed to incorporate the Altavod Service into its device(s) (collectively, the “Altavod Devices”). Altavod provides the technology and the tools for any user (a “User”) who chooses to register on the Service as a filmmaker (a “Filmmaker”) to quickly launch a marketing page where they can build their brand, convert other Users of the Service into customers, and make money via the Service by renting and selling the movies (“Movies”) to Users and collecting tips (“Tips”) from Users. The Service offers other functions as well that are described on the Website, in these Terms of Use and/or in notices and publications from Altavod. Altavod reserves the right in its sole discretion, to change, modify, add, or delete features and functions of the Service at any time without notice.
You may search and browse the Service without creating an account, but in order to be able access or view certain features of the Service as a User or to Submit Content as a Filmmaker, You will have to create an Altavod user account (the “Altavod Account”) via Your email address or Your Facebook® account using the same information provided to Facebook®. If You create Your Altavod Account using your Facebook Account, You can alter such information in Your Altavod Account by updating Your Facebook® account (this will automatically update Your Altavod Account the next time You log in). You also may alter Your Altavod Account information by logging into the Service and accessing Your settings.
Upon creation of an Altavod Account, You will be prompted to register as either (1) a “User” (a “User Account”) or (2) a “Filmmaker” (a “Filmmaker Account”). Filmmakers may elect to designated themselves as either individual filmmakers or as a distributor, but in either event are collectively referred to on the Service and herein as “Filmmakers” and each register as Filmmaker Accounts. All Filmmakers on the Service are also considered “Users” for purposes of these Terms of Use, but not all Users are Filmmakers. A User Account is any Altavod Account where the User may consume Content, Tip Filmmakers, purchase Movies and perform certain other actions, but has not elected to become a Filmmaker. If an Altavod Account is initially setup as User Account and the User later clicks the link or otherwise opts in to “Become a Filmmaker”, then such User Account will be converted to a Filmmaker Account, provided the User has satisfied the criteria for Filmmaker eligibility below.
3.1 Rent or Own Movies: Currently, You may either “Rent” or “Own” (as such terms are used herein) certain Content made available on the Service on a digital on-demand basis. When You choose to “Rent” Content, You will be granted a limited, non-exclusive, non-transferable license as more fully set forth below, to access, use in accordance with the Additional Terms (as defined below) provided by the Filmmaker as well as any additional terms that may be provided with Your Altavod-compatible device, and view the Content within the applicable exhibition period. When You choose to “Own” Content, You will be granted a limited, non-exclusive, non-transferable limited license as more fully set forth below, to access, use in accordance with the Additional Terms provided by the Filmmaker as well as any additional terms that may be provided with Your Altavod-compatible device, and view the Content an unlimited number of times, subject to the applicable restrictions described below. Whether you Rent Content or Own it, such Content shall be referred to herein as “Purchased Content”. Certain Content may be made available by Filmmakers on a pre-order, pre-save, pre-purchase or similar basis prior to the actual release date therefor (a “Pre-Order”), provided, however, that notwithstanding the use of such terms, You will be charged immediately upon completion of the Pre-Order transaction and not upon release of the Content. Please note that a Pre-Order is not a guarantee that Content will be made available on the expected release date.
3.2 Viewing Periods: Viewing periods for Purchased Content will vary depending on whether You choose to “Rent” or “Own” the Movie (or bundle of Movies, if bundled). Whether You choose to Rent or Own the Movie(s), it is solely Your responsibility to review any licensing restrictions and/or other additional terms of use provided to You at the time of sale (“Additional Terms”). Such Additional Terms of use may set forth restrictions upon the duration of time You have to complete viewing such Purchased Content and/or geographical or other restrictions on Your use of or access to the Purchased Content or portions thereof. Subject to the Content Restrictions set forth in Section 3.3 below and any Additional Terms of which you are advised, the following default terms shall apply:
Movies You Rent. With respect to Movies You “Rent” on the Altavod Service, upon completion of Your transaction, You will have 48 hours to initiate and complete viewing.
Movies You Own. With respect to Movies You “Own” on the Altavod Service, the copy you Own will remain in the cloud on the Altavod Service (i.e., there is no download of the Movie stored on your hard drive) and You may view it indefinitely any time, provided that You (i) are capable of accessing the Altavod Service, (ii) maintain an active Altavod Account in good standing.
3.3 Content Restrictions: Altavod’s authority to provide Content to You and Your use thereof is subject to any Additional Terms imposed by the Filmmakers that make their Content available on the Service. The Filmmakers may designate territories where or periods of time when Altavod is prohibited from making certain Content available to You, which may include Content that You have previously purchased to Own or Rent. It is our goal and intention to have Filmmakers advise you of such restrictions at the time of Your purchase but cannot guarantee it. In addition to potential Additional Terms (whether disclosed at the time of sale or not), Purchased Content may no longer be accessible to you at all or in the same manner as previously due to changes in the Service, the Service becoming generally unavailable, the Service becoming unavailable in a particular geographic territory or through a particular device or application or for other reasons. We also reserve the right to institute a charge in the future for continued access to Altavod Purchased Content, but notice shall be provided to you prior to instituting such a charge. In any such event, we do not guarantee continued access to any Content, including Purchased Content, and Altavod shall have no liability to You should the Service or Purchased Content become unavailable to You. We may impose limits on the number of devices that can be associated with or access Your Account, or that can simultaneously receive streams of Content, including Purchased Content. In those cases, you may not be able to access Content or the Altavod Service in excess of those limits. If You have questions concerning the availability of Purchased Content that You have ordered, please contact Altavod at support@altavod.com.
3.4 Discount Codes: The following applies to Your use of promotional codes, credits and other discounts redeemable using a code (“Discount Code(s)”) on the Service. By using or accepting a Discount Code, you agree with the terms of this Section. Discount Codes are often distributed by Filmmakers who use the Service to sell and promote their Content. Additional terms and conditions may apply to such Discount Codes or to the use of such Discount Codes with certain Filmmaker Content (e.g., Filmmakers may designate that Discount Codes cannot be used for certain Content). If you do not agree with such terms, please do not use or accept the Discount Code. Discount Codes shall not be transferred, sold, purchased or otherwise exchanged for payment or other consideration without Altavod’s prior written consent. We reserve the right to deactivate a Discount Code at any time, and render it unusable, and/or to otherwise restrict the use of Discount Codes where we believe the Discount Codes have been sold or otherwise transferred in violation of the Terms of Use. Discount Codes may not be valid and may not be honored if obtained from unauthorized sellers or resellers or through other unauthorized means, including, but not limited to, through Internet auction sites. Please note that Discount Codes often cannot be combined with other offers or other Discount Codes. Discount Codes expire and will no longer be usable after date set forth on the other terms and conditions associated with the Discount Code. Discount Codes have no cash value and are neither refundable nor redeemable for cash. No refunds or exchanges are permitted with respect to Discount Codes. Please take care to safeguard your Discount Code. It will not be replaced if lost, stolen, damaged or used without authorization.
3.5 General: Altavod reserves the right to change how it operates the Service and/or to remove Content (including Purchased Content) in its sole discretion without notice. You should not consider any description of the Altavod Service, its functions, functionality or availability of Content (including Purchased Content) to be a warranty, representation or obligation of any nature or kind with respect to the Service, its functions, functionality or availability of Content (including Purchased Content), presently or in the future.
3.6 Sweepstakes: Altavod allows filmmakers to create and manage campaigns in association to their content. Campaigns may include campaign perks that are guaranteed, in addition to prizes that are awarded by a random drawing. No purchase or payment or other consideration of any kind is necessary to enter or win any sweepstakes. A purchase or payment will not improve Your chances of winning. Void where prohibited or restricted by law. All federal, state and local laws and regulations apply. Odds of winning depend upon the number of eligible entries received during the Campaign Window and will vary from Sweepstakes to Sweepstakes. View the Sweepstakes Official Rules for more information.
4.1 Filmmaker Eligibility. Eligible Filmmakers may offer Movies for sale to Users via the Altavod Service. To be eligible to conduct sales of Movies through Altavod, You must create a Filmmaker Account, activate a subscription plan, maintain and pay the applicable fees therefor, including the applicable subscription fees (excluding the free Account service level) and any Project Storage Capacity Overages and otherwise abide by the requirements of Altavod as set forth in these Terms of Use and/or as may otherwise be communicated to You by Altavod. The applicable fees, as such fees may be adjusted from time to time, vary based on which subscription plan the Filmmaker chooses: Free, Basic, Premium or Enterprise-level, as further detailed on the Website. Each subscription plan includes a “Project Storage Capacity” for each respective subscription plan and the relevant overage fees (“Project Storage Capacity Overages”) which are charged on a monthly basis for months (if any) where the applicable Project Storage Capacity is exceeded, as further detailed on the Website when becoming a Filmmaker.
4.2 Sales Options. With respect to each Movie You Submit as a Filmmaker, You may determine and select: (a) the purchase options (Rent/Own); (b) certain “Pricing Controls,” including the retail price(s) for each purchase option (subject to the minimum/maximum prices set by Altavod); and (c) certain “Release Controls”, including the “Available From” date, the “Available To” date (or no expiration) and ”Territory(ies) Available” for Sales via the Service.
4.3 Filmmaker’s Share. You are entitled to a sum equal to 91% of Net Proceeds from all Tips and all Sales of Your Content (“Filmmaker’s Share”).
4.4 Altavod’s Share. Altavod shall be entitled to retain a sum equal to 9% of Net Proceeds as a commission on all Tips and on all Sales of Your Content (“Altavod’s Share”).
4.5 Definitions. As used herein, “Sales” means purchases (whether on a “Rent” or “Own” basis) of Your Content by end users via the Altavod Service. “Net Proceeds” means all amounts actually received by Altavod derived from Sales and from Tips to You, excluding any taxes, duties and/or other government fees, less all Distribution Expenses, charge backs, refunds, and reasonable reserves for returns. “Distribution Expenses” are third-party costs, charges and expenses incurred by Altavod directly in connection with the Distribution of Your Content and may include, without limitation, platform fees (i.e., amounts paid to app platforms for in-app purchases), transaction fees, payment processing fees, foreign exchange fees and conversion costs.
4.6 Payments to You. Altavod will pay You Your Filmmaker’s Share of Net Proceeds via Altavod’s designated third-party payment processor within forty-five (45) calendar days following the close of the calendar quarter in which such Sales occurred. Altavod may withhold such amounts or make such adjustments, as it deems necessary in its good faith judgement (a) to satisfy any amounts owed to Altavod; (b) to satisfy any refunds that Altavod may make in its sole discretion; or (c) pending the conclusion of any claim or investigation of fraud or other illegality.
4.7 Income Taxes. Income taxes are solely Your responsibility. Altavod may withhold amounts from any amounts due to You that Altavod determines in good faith must be withheld pursuant to U.S. tax law, provided, however that Altavod has no obligation to You to do so. Altavod may file reports concerning income with any taxing authority, including the U.S. Internal Revenue Service. You shall indemnify Altavod for Your failure to pay income taxes on the Filmmaker’s Share paid to You hereunder.
4.8 Sales Taxes/VAT. Altavod may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Altavod believes in good faith that VAT collection is required, Altavod may collect VAT on a “VAT-inclusive” basis, meaning that it will charge the retail price of the item and deduct applicable VAT from the amounts received from the purchaser.
4.9 Currency. All amounts paid to you will be in United States dollars (USD) or, at Altavod’s option, the currency of Your country. However, Altavod may permit You to sell Your Content in currencies other than USD. Transactions in foreign-denominated currencies will be converted into USD for each day of Sales based upon the day’s final exchange rate as reasonably calculated by Altavod. For clarity, a day is determined by reference to the time zone applicable to California.
4.10 Mailing Lists. Filmmakers may use the Service to build newsletter mailing lists by adding the “Join Newsletter” button functionality that allows Users to provide their name and email address (“User Contact Info”) to the Filmmaker via one click of the “Join Newsletter” button. Alternatively and additionally, all transactions or otherwise noted primary calls to action You take will also opt you in to the mailing list. As a condition to receiving such User Contact Info, as a Filmmaker, You acknowledge and agree that (i) you shall not disclose, rent, or sell any such User Contact Info to any third party, (ii) You will use any such User Contact Info only for the purpose of providing Users with general information and news about You, including upcoming releases and/or Your involvement in other projects, (iii) any e-mail or other communication sent to Your mailing list will be in full compliance with applicable e-mail marketing laws, including The Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, and, (iv) in accordance with the CAN-SPAM Act, any e-mail or other communication sent to Your mailing list will include a functioning "opt-out" mechanism (i.e., a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so). You will promptly implement all requests that you receive from those on your mailing list whose request to opt-out of receiving e-mails from you and hereby agree not to send any further e-mails to such opting-out recipient.
4.11 Violations. Altavod shall have no obligation to pay the Filmmaker’s Share with respect to any Content that violates, or in the event that Your conduct on the Service violates, Altavod’s Terms of Use, and You shall repay to Altavod any amounts You have received with respect to any such violation(s). Altavod may suspend, limit, or disable Altavod Sales at any time for any violation of our Terms of Use herein.
5.1 Definition. The term “Content” as used herein refers to Movies and all other information, data, communication, video, text, graphics, photos, sounds, music, motion picture, audiovisual works, comments, and/or other material or contributions appearing on the Service that Users of the Service may upload or otherwise submit (collectively, “Submit”) to the Service, or view or access on the Service.
5.2 License of Rights in Content to Altavod. By Submitting Content to the Service, You are granting Altavod and its agents and designees a perpetual, worldwide, non-exclusive, sub-licensable and transferable license to use, reproduce, distribute, transmit, transcode, sublicense, prepare derivative works of, display, publicly perform exhibit, and otherwise exploit and promote the Content (including without limitation, all marketing assets, cover art/poster, trailer, extra photos, extra videos, cast/crew artwork, links to social media pages, links to press, and descriptions and other materials You add or upload to the Service) in accordance with Your choices in connection with the Service and with the businesses of Altavod and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed. Notwithstanding the foregoing, please note that Filmmakers are provided with the ability to set certain license restrictions within their Filmmaker dashboard and Altavod will use commercially reasonable good faith efforts to abide by those restrictions.
5.3 Name, Likeness and Biography. In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, social media usernames, image, likeness, photograph, performance, voice, biographical details, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Website and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law. Altavod assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation, any consequences of distributing the Content through the Service. You hereby release and discharge all claims both known and unknown against, and covenant not to sue, Altavod and Related Parties (defined below) with respect to the use of any Content Submitted by You as authorized by the Terms of Use (including without limitation any claims that such use violates any proprietary right such as copyrights or rights of publicity/privacy).
5.4 No Transfer of Ownership in Content. All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties, will remain with You, subject to the licenses You make hereunder. Altavod does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Altavod and anyone acting with the authorization of Altavod. You hereby affirm, represent and warrant that You will own or obtain all necessary licenses, rights, consents, and permissions to enable Altavod to publish, distribute and otherwise utilize as authorized in these Terms of Use, the Content You Submit to the Service. You shall comply with any applicable terms of third-party agreements with respect to the Content and otherwise when using the Service.
5.5 Legal and Regulatory Compliance. You are solely responsible for ensuring that Your Content complies with all applicable federal, state and local laws, rules and regulations, including without limitation the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials (“FTC Guidelines”) and Sections 2257 and 2257(A) of the Child Protection and Obscenity Enforcement Act (the “Pence Requirements”, and all required certifications, disclosures and disclaimers required thereby. In addition to all other termination provisions set forth in the Terms of Use, Altavod reserves the right to terminate immediately Your access to the Service if You fail to make any necessary disclosures in any Movies or other Content You Submit in accordance with the FTC Guidelines, the Pence Requirements or as otherwise required by applicable law. Further, in the event that Content Submitted by You includes material or promotes products or services which, in Altavod’s sole opinion, might insult or offend users of the Service or which might tend to injure the success of the Service or the good name of Altavod, or if Your Content does not comply with the Acceptable Use Policy set forth in Section 7 below, or, as determined in Altavod’s sole opinion, conflicts with or does not align with Altavod’s business, community, ethical or other goals, then Altavod shall have the right (a) to remove the non compliant Content, (b) to require that You altogether cease Submission of Content and/or (c) immediately terminate Your Altavod Account and access to the Service.
All elements of the Service, including underlying platforms, software, look and feel, and other components (“Service Components”), to the full extent protectable by law, are either proprietary to Altavod or proprietary to our licensors. "Altavod", the Altavod logo and all other trademarks, slogans, service marks, and trade names (collectively, “Trademarks”), which are used to identify the Service and/or the source of the Service, are proprietary to Altavod. You shall not remove or alter any copyright notice, Trademark or other proprietary or restrictive notice or legend affixed to any material provided as part of the Service or otherwise provided by Altavod. None of the Trademarks may be used, copied, downloaded, or otherwise exploited without Altavod’s prior written consent in each instance. You may not use our Trademarks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except as expressly set forth in the Terms of Use, no license, assignment, or other grant of rights in any Service Components, Trademarks, copyrights, or any other intellectual property is granted to You and no such grant will result from Your accessing or using the Service. All rights in the Service not granted under the Terms of Use are reserved by Altavod.
YOU EXPRESSLY AGREE, REPRESENT, WARRANT, AND COVENANT THAT, WITH RESPECT TO ALL CONTENT, INCLUDING WITHOUT LIMITATION, SPONSORED CONTENT, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU WILL NOT:
Except as expressly provided in these Terms of Use, no right, title or interest in any third-party Content is transferred to You. All third-party Content on the Service, including Purchased Content, is non-exclusively licensed to You on a limited basis, and is not sold, transferred or assigned to You, notwithstanding use of terms, such as “Own” or similar, with respect to Your license of the Content. Subject to Your compliance with these Terms of Use, You have a limited right to access the third-party Content solely for Your personal, non-commercial use and only on devices compatible with the Altavod Service. You may not edit, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any third-party Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, You may not (i) show any third-party Content to any public audience or view it in a public location in a manner so as to be consumable by the public; (ii) duplicate, reproduce, transfer, record or create copies of third-party Content or any portion thereof (including, without limitation, by “burning”, P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device except as permitted herein, including, without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the third-party Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of any party is prohibited, and You expressly agree to the automatic termination of the Altavod Service if You engage in any such activities.
Upon any such termination, all Content will be deleted from Your Altavod Device(s). Except as specifically granted herein, all rights to the Content are reserved by the owners of such Content.
8.1 Billing. By using the Altavod Service, You expressly authorize Altavod (and Altavod’s payment processor) to charge any applicable fees and any other charges You incur in connection with Your use of the Altavod Service, including without limitation, charges for Content You Rent or Own, Tips You send to Filmmakers through the “Tip” feature, all applicable monthly or annual subscription fees (Filmmakers only), plus any applicable fees for Project Storage Capacity Overages (Filmmakers only)and taxes, to the payment method You provided during registration (or to a different payment method if You change Your account information) (the “Payment Method”). Please note that most transactions on the Website are “one-click” transactions and do not require you to re-enter your Payment Method and by using the Service and providing your Payment Method, You authorize the use of “one-click” payments in connection with all transactions via the Service, including transactions with respect to subscription plan upgrades. To the extent permitted by applicable law, subscriptions automatically renew for an equivalent subscription period at the end of each subscription period unless cancelled prior thereto. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over. Fees are payable only in USD. Altavod may change the fees and charges in effect or add new fees and charges, upon reasonable notice to You from time to time (which may include posting the changes or additions on the Website). There may be a temporary disruption of Your access to the Altavod Service until Altavod can verify the validity of any new credit or debit card information. Pricing errors may occur on the Website. In the event of a pricing error, Altavod reserves the right to restrict Your access to Content, with no further obligations to You, even after Your receipt of Content or confirmation of Content availability. Altavod does not receive, store or process your Payment Method information. Altavod uses a third-party payment processing platform(s) (“Payment Processor”) who collects, stores and processes your Payment Method information pursuant to its policies. You hereby agree that our Payment Processor may receive, store, process and use the Payment Method information you provide along with Your other account information. For purposes of identification and billing, you agree to provide accurate, complete, and updated information required by the Service ("Registration Data"), including your legal name, address, telephone number(s). In the event of a breach of security, you will remain liable for any unauthorized use of your Altavod Account until you update your Registration Data.
8.2 Refund Policy. Fees paid for Content are non-refundable, unless required by applicable law. Additionally, in the event Altavod elects in its sole discretion to make an exception to the foregoing policy and issue a refund, Altavod will terminate Your access to any Content for which a refund was provided.
8.3 Cancellation/Termination Policy. You may cancel Your Altavod Account at any time by contacting Altavod Customer Support at support@altavod.com or we may downgrade your subscription level or terminate your Altavod Account at any time for failure to comply with these Terms of Use, including for a failure of your Payment Method and/or any other failure to pay applicable subscription fees, Project Storage Capacity Overages fees and/or other Service fees when due. Content purchased on Altavod is nontransferable and will be deleted from Your Altavod Device(s) and Your Altavod Account upon cancellation or termination of Your Altavod Account. Cancellation or termination of Your Altavod Account will also terminate Your access to Content that You have purchased (whether on a “Rent” or “Own” basis). If Your Filmmaker Account is downgraded or terminated, Your Content may be deleted, in whole or in part, from your Altavod Account and/or the Service and we may decide what to delete or not delete in our sole and absolute discretion. Once Your account has been closed for any reason, You will not be able to re-open Your Altavod Account or regain access to any such Content in the future.
The Service may contain links to third party services as well as integrations with third parties, such as advertisers and social media sites, that are not owned or controlled by Altavod. These links and integrations are provided solely as a convenience to You, and Altavod does not make any representations or warranties with respect to third-party links and integrations. Altavod does not endorse, sponsor, recommend, or otherwise control or accept responsibility for and assumes no responsibility for, the quality, content, privacy policies, or practices of any third-party services. In addition, Altavod will not and cannot censor or edit the content of any third-party service. Use of any linked third-party services and integrations is at Your own risk and subject to the terms of use for content provided by third parties. You expressly release Altavod from any and all liability both known and unknown arising from Your use of any third-party service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ANY USE OF REAL TIME LOCATION DATA IS AT YOUR SOLE RISK AND YOU UNDERSTAND SUCH LOCATION DATA MAY NOT BE ACCURATE. NEITHER ALTAVOD, GOOGLE NOR ANY OF THEIR LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF GOOGLE OR THIRD-PARTY SERVICES, INCLUDING ANY INTERRUPTIONS DUE TO SERVICE FAILURES, NETWORK ATTACKS OR SCHEDULED OR UNSCHEDULED MAINTENANCE.
YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU UNDERSTAND AND AGREE EXPRESSLY THAT ALTAVOD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALTAVOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, WITH OR FROM THE SERVICE; (iii) THE PURCHASE OR USE OF ANY SPONSORED PRODUCTS AND SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALTAVOD FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID TO ALTAVOD BY THE USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALTAVOD EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE): (A) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RESPECTING THE SERVICE AND RESPECTING ANY AND ALL SPONSORED PRODUCTS AND SERVICES; (B) ALL WARRANTIES RELATING TO CONTENT FROM USERS AND/OR THIRD PARTIES THAT YOU MAY OBTAIN OR ACCESS AT THE SERVICE INCLUDING WITHOUT LIMITATION SPONSORED CONTENT AND SPONSORED PRODUCTS AND SERVICES; (C) ALL WARRANTIES THAT SUCH CONTENT IS FREE OF MATERIAL THAT IS DEFAMATORY, INFRINGES COPYRIGHT, AND/OR VIOLATES THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON OR ENTITY OR VIOLATES ANY LAW OR GOVERNMENTAL REGULATION; AND (D) ALL WARRANTIES THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU BY OR THROUGH THE SERVICE WILL MEET YOUR NEEDS AND/OR EXPECTATIONS.
You understand that the Service is intended for public use and not for private communications, and You confirm that You have no expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or through the Service. Furthermore, You are aware that Altavod does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
We will determine the selection, availability and quality of all Content provided on the Altavod Service. The selection, quality and availability of the Content offered can /may be unique to each Altavod Account and Altavod-compatible device. Not all Content on the Altavod Service is available at all times to all users in all locations. For example, Content that is available to Rent may not be available to Own and Content that is available to Own may not be available to Rent. Not all Content is appropriate for all users. We rely on Filmmakers to provide rating information. Not all Content has been rated by the Motion Picture Association of America (MPAA), and where unrated, Filmmakers shall either designate the Content as unrated or shall use best good faith efforts to select the appropriate rating label for their Content and provide any appropriate warnings necessary to assist Users with making informed content selections. We ask and rely on our Users to report Content which You feel is not labeled corrected and we will endeavor to have such Content labeled more accurately. Nonetheless, there is Content on the Website which may be objectionable or inappropriate for certain audiences. While Altavod does distribute Content that may be watched by children, Altavod also believes in free expression and there is Content on the Service that is not appropriate for children. If You are a parent, it is Your responsibility to monitor the Content selections and viewing habits of Your children. Pursuant to 47 U.S.C. Section 230(d) as amended, Altavod hereby notifies you that although Altavod does not currently include parental controls within its Service, there are parental control devices and similar protections, including certain computer hardware, software, filtering services and other measures, which are generally commercially available for the purpose of allowing parents to limit or control access to material that is the parents determine to be inappropriate for children. More information is available at the Electronic Frontier Foundation Web site at http://www.eff.org. If any children watch Content through Your Altavod Account, You are responsible for those viewing selections. Altavod shall have no liability if a child or You, through mistake or otherwise, views Content that may be objectionable to You or the child. Moreover, if You are a parent or legal guardian or other individual providing access to the Service to a minor, You are fully responsible for his or her use of the Altavod Service, including all charges and liability that he or she may incur.
The Service contains the opinions, views, creative expression of and information provided by its users. Filmmakers and other Users may make certain representations and/or other statements about the Content, including Content ratings, and/or about how revenues generated from Tips or Sales of Movies will be used, including without limitation, representations and/or other statements that the Filmmaker is a nonprofit foundation or charity or similar and/or that all or a portion of Tips or Sales generated by such Filmmaker(s) will be contributed to a particular foundation, charity or similar. Your choice to act in any manner based on the such opinions, views, creative expression, information, representations and/or other statements, including without limitation, your choice to Tip a Filmmaker and/or Rent or Own Content based on any of the foregoing, is at your own risk. Altavod is not responsible for any offers, promises, rewards or promotions made or offered by Users, including Filmmakers. While it is against our Terms of Use to make false statements in connection with the offering of the Content, we do not and cannot verify the statements or other Content of our Users, including without limitation, whether a Filmmaker or associated organization(s) is in fact properly organized under applicable law as a501(c)(3) nonprofit corporation or other type of charitable organization, nor do we represent or guarantee that any amounts paid or contributed by You via the Service will actually be contributed or otherwise used for a charitable purpose or in any manner prescribed by a Filmmaker or other User or in accordance with applicable laws. Altavod does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content made available through the Service including the representations or other statements of and/or information provided by Filmmakers and other Users via the Service, and makes no representation or guarantee that any Content is appropriate for You, for any particular purpose, any particular user or any particular age group of users. Viewer discretion and parental discretion is advised. In addition, Altavod makes no representation or guarantee as to whether all or any portion of your Tips or purchases through the Service, including, if any, Payment Processor fees, are tax deductible or eligible for tax credits or other tax treatment. Altavod will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority in any jurisdiction or territory with respect to the characterization on any applicable tax return of any Tip or purchase through the Service as a donation or similar. You should not rely on the representation and/or other statements of Filmmakers or other Users; rather, You are strongly advised to consult your tax advisor as to the amount of your Tip or purchase, if any, that is tax deductible or eligible for tax recognition, having regard to (among other things) the verifiable tax status of the Filmmaker in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Tip or purchase. Notwithstanding the foregoing, we take fraudulent acts very seriously and, in the event thatYou have reason to believe that a Filmmaker is using or has used the Service to commit fraud, including misrepresentations with respect to the nonprofit status of the Filmmaker, please email us at support@altavod.com and alert our team of this potential issue.
Please also note that the Service is controlled and offered by Altavod from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Service. Altavod makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
You shall defend, indemnify and hold harmless Altavod and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by Altavod and/or any of its Related Parties resulting from or arising out of any violation of the Terms of Use by You, and/or the use of Your Content, including, without limitation, any infringement of any third party's rights by Your use of the Service or through Content You Submit or the failure of Your Sponsored Content to comply with applicable law (including the FTC Guidelines).
Altavod is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If You are a copyright owner or an agent thereof and believe that any Content infringes Your copyrights, You may Submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
Altavod will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Altavod will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Altavod may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If You receive such a notice, You may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent using one of the following three (3) methods: (i) by clicking the “Report A Problem” link or icon on the Content page and using the form provided by the Service with the words "Attn: Copyright Infringement Designated Agent" in the first line of the “Reason for Report” field, (ii)by mail to Altavod Technologies, LLC, 3317 Gassen Place, Los Angeles, CA 90065, Attn: Copyright Infringement Designated Agent, or (iii) by email to support@altavod.com with the words "Attn: Copyright Infringement Designated Agent" in the subject line. Please note that only DMCA notices should go to the Designated Agent and any and all other communications should be directed to Altavod customer support at support@altavod.com. You acknowledge that if You fail to comply with all of the requirements of this Section 13, Your DMCA notice may not be valid.
Altavod has the right, but not the obligation, to screen, refuse to post, remove or edit the Content (including any sponsored Content), at any time and for any or no reason at all, in our sole discretion. Altavod takes steps to monitor Content and keep the Website and Service safe, but Altavod cannot guarantee their safety. Altavod reserves the right, but assumes no obligation, to remove Content, which is abusive, illegal or disruptive, or that otherwise fails to comply with the Terms of Use, and to limit or revoke Your access in full or in part to the Service, in our sole discretion, at any time, and for any reason, including, but not limited to reasons such as technical difficulties or violation of the Terms of Use.
In addition to any right or remedy that may be available to Altavod under these Terms of Use or applicable law, Altavod expressly reserves the right to suspend, limit or terminate Your access to the Service, at any time with or without notice and with or without cause, including if Altavod determines, in Altavod's sole discretion, that You pose a threat to the Service or its users. In addition, Altavod may refer any information on illegal activities, including Your identity, to the proper authorities.
We would appreciate Your help in reporting to us any Content or activity that You believe violates the Terms of Use. Please direct the relevant information to support@altavod.com.
You agree not to share Your Altavod Account password or let others have access to Your Account and You will not attempt to transfer Your Altavod Account to anyone else. You are solely responsible for the activity that happens on or through Your Altavod Account, including, but not limited to, all Content uploaded to Your Altavod Account, any and all purchases, subscriptions, Tips and other payments or transactions made through Your Altavod Account, maintaining the confidentiality of Your Altavod Account password and restricting access to Your Altavod Device(s) so we urge You to keep Your account password secure and to always log-off when leaving Your computer or mobile device unattended. As a Filmmaker, if You are subscribed to the Basic, Premium or Enterprise plans, You may grant access (“Team Member Access”) to certain features of Your Filmmaker Account to other registered Users on a Movie-specific (i.e., Movie-by-Movie) basis, subject to the applicable team size limits imposed at each subscription plan level. The extent of Team Member Access varies based on the Team Member Access to certain features may be limited by designating the role of each such team member. Both You and each User to whom you grant such access are deemed a party to this Agreement. Although Altavod will not be liable for losses caused by any authorized or unauthorized use of Your Altavod Account, You may be liable for the losses of Altavod or others due to unauthorized use and/or the conduct of those to whom You disclose Your account information or password and those to whom you grant Team Member Access. If You believe that You may be victim of identity theft involving Your Altavod Account or otherwise believe there has been a security breach or any unauthorized use of Your Altavod Account, We strongly recommend that You immediately contact customer support at support@altavod.com and report any information about this instance to Your card issuers and local law enforcement. Altavod reserves the right to place any account on hold at any time with or without notification to You in order to protect itself and its partners from what it believes to be fraudulent activity. Altavod is not obligated to credit or discount a membership for holds placed on the account by either a representative of Altavod or by the automated processes of Altavod.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions, including promotional credits and discounts in connection therewith (collectively, “Promotions”) made available through the Service will be governed by rules that are separate from these Terms of Use. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the rules for the Promotion will govern.
To learn more about how Altavod protects Your personal information, please refer to the Altavod Privacy Policy located at https://Altavod.com/privacy, which is incorporated by and made a part of these Terms of Use.
Altavod may assign this Agreement to its successors, licensees, and affiliates. However, because the subject matter hereof is personal to You and Your Content, You may not assign this Agreement to any person or entity without Altavod’s prior written consent.
Altavod reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Terms of Use and/or any aspect of the Service at any time. When using the Service, You may be subject to additional applicable guidelines or rules that may be posted from time to time. All of these guidelines and rules are deemed incorporated into the Terms of Use. While we may attempt to notify You when major changes are made to the Terms of Use, it is Your responsibility to review the Terms of Use periodically to check for changes. When Altavod makes changes, it will give the date of the most recent update in this space so You can be kept abreast by visiting this page. Altavod also reserves the right in its sole discretion and at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it), with or without notice. Your continued use or accessing of the Service following the posting of any changes to the Terms of Use and/or any aspect of the Service constitutes Your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable.
We love hearing Your feedback about the Service. To provide any submissions, questions, feedback or complaints, please contact us at:
Altavod Technologies, LLC
3317 Gassen Place
Los Angeles, CA 90065
Phone: 657-215-0648
Email: support@altavod.com
Please note that while we welcome any feedback or comments from You, please note that we discourage unsolicited submissions, and any unsolicited ideas, materials, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, marketing plans or new product names, will automatically upon submission become the property of Altavod, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, Altavod may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
With respect to each release of rights by You provided in the Terms of Use:
TO THE EXTENT APPLICABLE TO YOU, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ALTAVOD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALTAVOD WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY ALTAVOD OR ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU HEREBY WAIVE ALL RIGHTS TO PURSUE IN A COURT OF LAW ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE.
In the event of any dispute, controversy, or claim of any kind or nature arising under or in connection with the Terms of Use whether based on contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory, including without limitation disputes as to the creation, validity, interpretation, breach, or termination of the Terms of Use (a “Dispute”), the party initiating the Dispute shall give to the other party written notice of the specific subject(s) of the Dispute (the "Dispute Notice") and the parties shall meet and negotiate in good faith, in Los Angeles, CA, in an effort to resolve the Dispute without the necessity of any formal proceeding.
No formal proceedings for the resolution of the Dispute may be commenced until the later to occur of (a) a good faith conclusion one or both of the parties that amicable resolution through continued negotiation of the matter in issue does not appear likely, or (b) the thirtieth (30th) day after the Dispute Notice is received.
Any Dispute that the parties are unable to resolve through such negotiations will be submitted prior to the fortieth (40th) day after the Dispute Notice is received, to non-binding mediation administered by the American Arbitration Association or its successor ("AAA") in Los Angeles, CA, which mediation shall extend for up to three (3) business days. The parties will mutually select the mediator from a list of mediators obtained from the office of AAA located in Los Angeles, CA. If the parties are unable to agree on the mediator within five (5) business days after the Dispute is submitted to AAA, then the mediator will be selected by AAA.
Any Dispute that the parties are unable to resolve through negotiation and mediation as described above (including without limitation any dispute or controversy over the scope or applicability of this agreement to arbitrate) will be submitted to binding and final arbitration in accordance with the following:
The arbitration shall be conducted before a single arbitrator who is expert in the field of Internet services and entertainment in Los Angeles, CA, and administered by the AAA in accordance with its streamlined commercial arbitration rules and procedures or subsequent versions thereof, except to the extent such rules and procedures may be inconsistent with the terms of the Terms of Use. Either party may demand arbitration of a Dispute by giving the other party written notice to such effect, which notice will describe, in reasonable detail, the facts and legal grounds forming the basis for the filing party’s request for relief and will include a statement of the total amount of damages claimed. In no event will You be entitled to recover punitive, special or exemplary damages or seek injunctive or any other equitable relief.
The arbitrator’s award shall be entered by either party in any court having competent jurisdiction provided that the party entering the award shall request that the court prevent the award from becoming publicly available except as may be required by law. The arbitrator shall not limit, expand or otherwise modify the terms of the Terms of Use. Each party shall bear its own expenses and pay pro rata its share of AAA fees and expenses (including, without limitation, compensation for the arbitrator). The parties agree that the existence and contents of the entire arbitration, including the award, shall be deemed a compromise of a dispute under Rule 408 of the Federal Rules of Evidence, shall not be discoverable in any proceeding, shall not be admissible in any court (except for the enforcement thereof) or arbitration and shall not bind or collaterally estop either party with respect to any claim or defense made by any third party.
The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties' attorneys and their staff, and any experts retained by the parties, or as required by law.
Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
Nothing in the Terms of Use shall be construed to create a partnership, joint venture or agency relationship between You and us. You may not assign any of Your rights or delegate any of Your duties under the Terms of Use without the prior written consent of Altavod. Altavod may assign this Agreement and/or any of its rights, and delegate its duties in its discretion. Any purported assignment which is inconsistent with the foregoing shall be null and void. The Terms of Use, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California applicable to contracts entered into and wholly to be performed within said state without regard to conflicts of laws. No waiver of any breach of any provision of the Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. In the event any provision of the Terms of Use shall for any reason be held to be invalid, illegal, illusory or unenforceable in any respect, the remaining provisions shall remain in full force and effect. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inferences drawn (i) because the attorneys for one of the parties drafted the agreement; (ii) because of the drafting history of the agreement; or (iii) because of the inclusion of a provision not contained in a prior draft, or the deletion of a provision contained in a prior draft. All representations, warranties and indemnities contained herein or made by You in connection herewith shall survive any termination, expiration, or suspension of Your rights under the Terms of Use. Section headings are for convenience only and are not a part of the Terms of Use. The Terms of Use contain the entire understanding of the parties and cannot be amended except by a writing signed by both parties. No party hereto has relied on any statement, representation or promise of any other party or with any other officer, agent, employee or attorney for the other party in entering into this Agreement, except as expressly stated herein.
(Terms of Use last updated: April 6, 2020)