|
|
END USER LICENSE AGREEMENT
IMPORTANT NOTICE
PLEASE READ CAREFULLY BEFORE PROCEEDING
Welcome to Black Broadcasting Network Video Downloads. These Terms of Service are a legal agreement ("Agreement") between you and Black Broadcasting Network stating the terms that govern your use of Video Downloads, consisting of the Content, as defined below, and further including all other elements of the service and the Content, such as text, montages, images, trailers, promotional content, other rich media, meta data, software (expressly including the WM Software), security technology and all other related data (collectively, the "Service"). You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.
Please read the entire Agreement carefully. By checking the box accepting this Agreement and by downloading the Content you fully and irrevocably accept and agree to be bound by this Agreement. Before you can download any Content, you will be asked to accept all the terms of the Agreement. If you do not wish to accept all the terms of this Agreement, you will not be able to download the Content.
Black Broadcasting Network may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service (available in the Video Downloads Help section) periodically for changes. If there are material changes to this Agreement, you will be either notified by email or you will be prompted to review and accept the revised Agreement before paying any additional fees or downloading any additional Content. If you do not agree to be bound by this Agreement, as it may be changed from time to time, you will no longer be authorized to place orders for the Service.
The Service is currently offered during a "beta period," a start-up period in which there can be occasional problems in delivery of the Services. Please contact us immediately should you encounter any such problems. Furthermore, Black Broadcasting Network encourages your feedback and comments about the Service. We have a special toll-free number should you experience any problems in using the Service. You can call us at 1-888-227-8458 or you can provide your comments to us by e-mail at info@fcfilms.com.
All video downloads provided to you through your use of the Service are sublicensed to you pursuant to this Agreement and not sold, notwithstanding the use of the terms "sell," "purchase," "order" or "buy" in connection with the Service as set forth in this Agreement.
1. Terms of Use and Privacy Policy.
Your use of the Service and purchases made through it are subject to the provisions of this Agreement and of Black Broadcasting Network's general Terms of Use, which are incorporated into and made a part of this Agreement and can be viewed by clicking here. If you have not already read the general Terms of Use you should do so now. By agreeing to be bound by the terms of this Agreement, you also agree to be bound by the general Terms of Use.
Except as otherwise expressly provided by this Agreement, the Service is subject to Black Broadcasting Network's Privacy Policy, which is incorporated into and made a part of this Agreement. You may access the Privacy Policy by clicking here. If you have not already read the Privacy Policy, you should do so now.
2. Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Black Broadcasting Network may terminate your right to use any or all of the Service if any information you provide is false, inaccurate or incomplete as determined by Black Broadcasting Network in its sole discretion. You agree that Black Broadcasting Network may store and use the Registration Data you provide (including credit card information) for use in providing the Service, and further including, but not limited to, maintaining and collecting your accounts and billing fees to your credit card. Black Broadcasting Network's use of your Registration Data is subject to the terms of our Privacy Policy.
3. User Account and Service Security.
Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use or attempt to access or use anyone else's Account. You shall not post your username or password on any other web site nor transmit it through unsecured sites. You agree to promptly update your Account information in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are entirely responsible for all purchases and other activities that occur on or through your Account, and you agree to immediately notify Black Broadcasting Network of any unauthorized use of your Account or any other breach of security. Black Broadcasting Network shall not be responsible for any losses arising out of unauthorized use of your Account.
4. Technical Requirements.
Content and Service Requirements. You acknowledge that use of Content requires other hardware and software tools (e.g., rendering performance of Content on authorized digital player devices, as described below), and that the acquisition and proper use of such hardware and software is your sole responsibility. In addition to the fees payable for the Service, you are responsible for all charges associated with connecting to the Service, including without limitation all telephone, cable or other access charges (including long-distance charges, when applicable), computer equipment, internet service provider and any other connection or service fees necessary to access the Service. Once any Content is downloaded, and you receive it, Black Broadcasting Network and the Content Providers shall be without liability to you in the event of its loss, destruction, or damage. Before using the Service you must first install Microsoft Corporation's Windows Media Player 10 Series and Microsoft.net 1.1, or later higher or newer versions thereof. Black Broadcasting Network reserves the right to change at any time, with or without prior notice to you, the software required to download, transfer, copy and use or limit use of the Content.
Downloading and Risk of Loss. You are required to download the Content promptly after purchase. If you are unable to complete a download of the Content for any reason, please contact Black Broadcasting Network immediately by calling 1 -888-227-8458. You will bear all risk of loss if you do not complete the download of Content on a timely basis. Likewise, you are responsible for making a back-up copy of your encrypted Content files. You will also bear all risk of loss for the Content once downloaded or when transferred to your Authorized Devices (as defined in Section 5), including, without limitation, any loss of Content due to file corruption or computer failure, such as a hard drive crash.
5. License Terms.
Upon your payment of the applicable fees, Black Broadcasting Network grants you a limited, non-exclusive, non-transferable, non-assignable, revocable and non-sublicenseable sublicense under copyright laws to create and store a copy of the Content you have sublicensed, and to view, use and display such Content privately, for personal, noncommercial use in your Residence, subject to and in accordance with the terms of this Agreement. "Residence" shall mean a private residential dwelling unit, but also includes a private individual office unit, as well as personal, noncommercial use on certain limited portable players, as described below. The term "Residence" excludes public exhibition in hotel rooms, motel rooms, hospital patient rooms, air travel, restaurants, bars, prisons, barracks, drilling rigs and other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices that would result in a public exhibition of the Content through the use of common areas, or areas open to the public or to occupiers of separate Residences, and further excludes any location for which an access, admission or any other fee is charged. However, personal, non-commercial private viewing through the use of your Authorized Devices in such otherwise prohibited locations is allowed.
Your sublicense will permit you to sublicense and download the Content only within the Territory (as defined in Section 6) and to access and display the Content only using Authorized Devices, depending on the particular rights sublicensed with each order, as described in the Usage Rules. During the beta period, "Authorized Devices" consist of, at most, one personal computer or laptop that runs Microsoft Windows XP or later operating system and Microsoft Windows Media Digital Rights Management software version 10 or follow on versions ("Authorized Personal Computer") and up to three (3) personal video players that are portable devices that support Microsoft Windows Media Digital Rights Management software version 10 or follow on versions for Portable Devices ("Authorized Portable Devices"). The Content that you download will only be playable using the Authorized Personal Computer registered with Black Broadcasting Network, to which the Content has been downloaded, and, if applicable, the Authorized Personal Devices, to which you have transferred such Content, based on the particular rights you have purchased.
Private Use
Display of the Content is restricted to private, non-commercial use. This means a private residence, but also includes a private individual office unit, as well as private, noncommercial use outside your residence on your Authorized Personal Computer or Authorized Personal Devices, based on the particular rights you have purchased. The term "residence" excludes public exhibition in hotel rooms, motel rooms, hospital patient rooms, air travel, restaurants, bars, prisons, barracks, drilling rigs and other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices that would result in a public exhibition of the Content through the use of common areas, or areas open to the public or to occupiers of separate residences, and further excludes any location for which an access, admission or any other fee is charged. However, personal, non-commercial private viewing through the use of your Authorized Devices in such otherwise prohibited locations is permitted.
|
Close Box