CIRCUS ELEPHANT FILMS LLC Instant Video
This agreement is between you and the entity providing the Instant Video service to you, which may be, CIRCUS ELEPHANT FILMS LLC, or one of its affiliates ("CIRCUS ELEPHANT FILMS", “we” or “us”). Each time you visit, browse, or use our website, you accept this Agreement.
- THE SERVICE
CIRCUS ELEPHANT FILMS Instant Video (the "Service") offers digital movies, television shows and other video content ("Digital Content"). Viewers of Digital Content who are under 18 years of age, or the age of majority, may use the Service only with their parent or guardian.
- COMPATIBLE DEVICES
To stream Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the Service (a "Compatible Device"). By completing transactions to buy or rent Digital Content, you agree that you have confirmed that you have a Compatible Device capable of playing the Digital Content you have chosen. Click here to confirm that you can view and enjoy Digital Content provided by the Service.
- DIGITAL CONTENT
- General. The Service may allow you to: (i) access Digital Content on a subscription basis for viewing during a limited period of time during a subscription period ("Subscription Digital Content"), (ii) rent Digital Content for on-demand viewing over a limited period of time ("Rental Digital Content"), (iii) purchase Digital Content for on-demand viewing over an indefinite period of time ("Purchased Digital Content"), (iv) purchase Digital Content for pay-per-view viewing over a limited period of time (“PPV Digital Content”), and/or (v) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available as Subscription Digital Content, Rental Digital Content, Purchased Digital Content, PPV Digital Content, Free Digital Content, or any combination of those, and in each case is subject to the limited license grant below.
- Transaction Data. When you buy or rent Digital Content, we save the data you provide to confirm, manage and deliver your Digital Content.
- Buy and Rental Transactions. All buy or rental transactions for Digital Content are final. Digital Content is delivered instantly. We do not accept returns of Digital Content. Digital Content is nonrefundable. Click here to confirm that you can view and enjoy Digital Content provided by the Service.
- Limited License to Digital Content. Subject to payment of any charges to rent, purchase, or access Digital Content, and your compliance with all terms of this Agreement, CIRCUS ELEPHANT FILMS grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Viewing Period, to access and view the Digital Content in accordance with the Usage Rules, for personal, non-commercial, private use.
- Playback Quality; Streaming. The playback resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the Digital Content and your internet access speed. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition, ultra-high definition, or high-dynamic-range content. Click here to confirm that you can view and enjoy Digital Content provided by the Service.
- General Restrictions. You may not (i) transfer, copy or display the Digital Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any right to the Digital Content; (iii) remove any proprietary notices or labels on the Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or Digital Content for any commercial or illegal purpose.
- ADDITIONAL TERMS
- Violating any of the terms of this Agreement may result in having your rights under this Agreement automatically terminated without notice, and CIRCUS ELEPHANT FILMS may, in its discretion, immediately revoke your access to the Service and to Digital Content without refund of any fees.
- Explicit Content. By using the Service, you may encounter content that may be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at your sole risk, and CIRCUS ELEPHANT FILMS has no liability to you for any content. Content types, genres, categories, and descriptions are provided for convenience, and CIRCUS ELEPHANT FILMS does not guarantee their accuracy.
- Modification of Service. CIRCUS ELEPHANT FILMS reserves the right to modify, suspend, or discontinue the Service, or any part of the Service, at any time and without notice (except as required by applicable law), and CIRCUS ELEPHANT FILMS will not be liable to you should it exercise such rights, even if your ability to use Digital Content is impacted by the change.
- Amendments. CIRCUS ELEPHANT FILMS reserves the right to make changes to this Agreement at any time by posting the revised terms in connection with the Service. To the maximum extent permitted by law, your continued use of the Service following any changes will constitute your acceptance of such changes.
- Reservation of Rights; Waiver. The Service, Software and the Digital Content embody intellectual property that is protected by law. All Digital Content is the property of its respective copyright owner. The fact that we do not insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
- Venue. Any dispute or claim arising from or relating to this Agreement or the Service, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms in the Agreement are subject to the governing law of the state of New York. You agree to those terms by using the Service.
- Limitation of Liability. You agree and understand that use of the Service, such as visiting, browsing, buying or renting Digital Content on our website, is at your own risk. You agree and understand that Digital Content is provided as-is and CIRCUS ELEPHANT FILMS shall not be liable to you for any reason whatsoever arising from your use of the Service.
- Severability. If any term or condition of this Agreement is deemed unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Instant Videos are digital products that are delivered as soon as you receive your receipt when you pay online. When you buy or rent an Instant Video, you will receive a receipt printed to the browser when your payment is complete. You will also receive a receipt sent to the email address you provided while buying or renting the Instant Video. Your receipt contains the link and instructions to view the Instant Video. Click the link in the browser or email receipt to view the Instant Video.
Instant Videos are digital, they are delivered instantly and they are nonrefundable.
- Instant Video Buying & Renting. When you buy or rent an Instant Video, you will receive a receipt with a link to view the video. Instant Videos are available for 48 hours from the time you have completed your payment.
- Viewing Instant Videos. Your browser version, internet speed as well as other factors can affect Instant Video experience. By completing Instant Video transactions on our website, you agree that you have confirmed that you can view Instant Videos by clicking the "Play" button, you have successfully watched the video on this page and you are satisfied with the viewing experience.
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