This is a legally binding agreement between Altavod and You.
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.
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.
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 firstname.lastname@example.org.
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.
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 NetProceeds 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. 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 aboutYou, 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.
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.
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:
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.
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.
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.
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.
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 email@example.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 firstname.lastname@example.org. You acknowledge that if You fail to comply with all of the requirements of this Section 13, Your DMCA notice may not be valid.
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 email@example.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.
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.
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
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.
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 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.