Terms of Use

Last Updated: January 2, 2013

1. Provident Designs LLC is the owner of a software product called enJoy Movies Your Way (the “Software”), which consists of both a software application and a website. This software license agreement (“Agreement”) is a legal agreement between you ("you", "licensee"), and Provident Designs LLC (“Developer”, “we”, “our” or “us”) that describes the terms and conditions applicable to your use of the Software. By using the enJoy Movies Your Way software application and website, you indicate that you have read and understood and assent to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software, and you will not be able to access or use the Software.

2. LICENSE GRANT AND RESTRICTIONS.

Subject to the terms and conditions of this Agreement, including the payment of the applicable subscription fees, Developer grants you a personal, limited, non-exclusive, non-transferable license, during the initial term of the Subscription and any Renewal Term (as defined in Section 4), to electronically access and use the Software for which the applicable fee has been paid by you. This Agreement entitles you to install and use one copy of the Software on a personal computer for use by your household. The Software is licensed for non-commercial private viewing in homes, not for public performances such as in school classrooms or churches. Businesses, schools, and other organizations are not licensed to use the Software.

In addition to the enJoy Movies Your Way software application, the term Software includes any other programs, tools, internet-based services, components and any updates (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases, etc.) of the Software that Developer provides or makes available to you.

This agreement does not permit the installation or use of multiple copies of the Software, or the installation of the Software on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users.

You may not use, copy, or install the software on any system with more than one computer, or permit the use, copying, or installation of the Software by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software. You may not use the database portion of the Software in connection with any software other than the Software. You may not reproduce the database portion or create any tables or reports relating to the database portion.

You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following: (i) access or attempt to access any other Developer systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the enJoy Movies Your Way software application or website; (iii) permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this Agreement; (v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by Developer’s other licensees or customers, or impose an unreasonable or disproportionately large load on Developer’s infrastructure; or (vii) otherwise use the Software except as expressly allowed under this Section 2.

3. RESERVATION OF RIGHTS AND OWNERSHIP.

The Software is licensed not sold, and Developer reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Developer and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Developer.

4. LICENSE TERM.

The Software is licensed on a monthly subscription basis. The Software will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the license fee for paid for versions of the Software. Access to the Software will begin (i) for trial versions after your acceptance of this Agreement and after Developer receives and processes all the information, requested in the registration process; and (ii) for paid for versions after your acceptance of this Agreement and after Developer receives and processes all the information, including payment, requested by the registration process. You must have a valid credit card or a valid debit card with a Visa or MasterCard logo (Card) or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain access to the Software. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly subscription term (Renewal Term) at the then-current subscription rate to maintain access to the Software.

5. REGISTRATION.

You must register to use the Software and (i) provide true, accurate, current and complete information as prompted in the sign-up process (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current, or incomplete, or Developer has reasonable grounds to suspect is inaccurate, not current, or incomplete, Developer may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).

6. PRIVACY.

For details about Developer’s privacy policies, please refer to the Privacy Statement, which can be found at http://www.enjoymoviesyourway.com under the link called “Privacy Statement” in the footer section. You agree to be bound by the applicable Developer privacy statement, as it may be amended from time to time in accordance with its terms.

7. LINKS TO THIRD PARTY SITES.

The Developer website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Developer and Developer is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Developer is not responsible for webcasting or any other form of transmission received from any Linked Site. Developer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Developer of the website or any association with its operators.

8. USE OF COMMUNICATION SERVICES.

The Developer website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.
Developer has no obligation to monitor the Communication Services. However, Developer reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Developer reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Developer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Developer’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Developer does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Developer specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Developer spokespersons, and their views do not necessarily reflect those of Developer.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

9. MATERIALS PROVIDED TO DEVELOPER OR POSTED AT ANY DEVELOPER WEBSITE.

Developer does not claim ownership of the materials you provide to Developer (including feedback and suggestions) or post, upload, input or submit to any Developer website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Developer, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Developer is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Developer's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

10. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, SERVICES, AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHER, DEVELOPER DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO ANY TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER (IF APPLICABLE). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

11. LIMITATION OF LIABILITY AND DAMAGES.

THE ENTIRE CUMULATIVE LIABILITY OF DEVELOPER, ITS SUPPLIERS, AND SERVICES PROVIDERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE, UNLESS OTHERWISE SEPARATELY AGREED BY DEVELOPER IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER, ITS SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET DEVELOPER’S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER, ITS SUPPLIERS, SERVICE PROVIDERS, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. CLICK-THROUGH AGREEMENT.

The enJoy Movies Your Way software contains a Click-Through Agreement which you must accept in order to view movies within the software.  The Click-Through Agreement is part of this Terms of Use and is covered under the definition of “Agreement.”  The text of the Click-Through Agreement is as follows:

By clicking "I Accept" below, you certify that you have read, understand, and agree to be bound by the terms of the following Agreement.

This Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) ("you", "licensee") and Provident Designs LLC ("Provident Designs", "we", "our" or "us") for the enJoy Movies Your Way software that accompanies this Agreement, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software").

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

NO WARRANTY

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Since it is almost impossible to produce defect-free software, this software is provided to you "AS IS", without warranty of any kind. In plain words, this means that although you are about to watch a filtered movie, there is a chance that the filter won't work properly and you may see undesired scenes.

NO LIABILITY FOR DAMAGES

There are no obligations or liabilities on the part of Provident Designs for damages, including, but not limited to consequential damages arising out of or in connection with the use of the product.

AUTHORITY FOR MINORS AND OTHER VIEWERS

You agree to monitor which minor children have access to movies viewed using the Software. If you are accepting on behalf of your minor children or another entity, such as other adults or minor children for whom you are not the legal guardian, you represent and warrant that you have obtained their consent or the consent of their legal guardians to be bound to this Agreement. If you do not have the legal authority to bind, or do not wish to be bound by these Terms and Conditions, please press the "I do not accept" button below.

TERMS OF USE - FULL TEXT

As a reminder, when you registered as a user on the enJoy Movies Your Way website, you agreed to be bound by the Terms of Use. You may review the full text of the terms of the Terms of Use at any time by visiting our website (http://www.enjoymoviesyourway.com) and clicking on "Terms Of Use" at the bottom of the screen.

CONTACT US

If you have any questions or concerns about this Agreement, you can contact us through our webform under "Contact Us" at http://www.enjoymoviesyourway.com, or write to us at: Provident Designs LLC, P.O. Box 8131, Covington, WA 98042-0049.

AGREE OR DECLINE THIS AGREEMENT

By clicking "I Accept" below, you agree that you have read, understand, and agree to be bound by the terms of this Agreement. If you are accepting on behalf of other movie viewers, you represent and warrant that you have full legal authority to bind all other viewers to this Agreement, or that you have obtained their consent to be bound to this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software, and you will not be able to access or use the Software.

13. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (CONSENT).

(a) Consent to Electronic Communications. Developer may be required by law to send Communications to you that may pertain to the Software, the use of information you may submit to Developer, and the services you choose. Additionally, certain of the Third Party Services you choose may require Communications with the third parties who administer these programs. You agree that Developer, on behalf of itself, and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more websites. You consent to receive these Communications electronically. The term Communications means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Software and the Online Services and Third Party Services.

(b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Software for as long as you remain a subscriber to the Software.

(c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an email address. By using the Software, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.

(d) Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, you can contact us through our webform under “Contact Us” at http://www.enjoymoviesyourway.com, or write to us at: Provident Designs LLC, P.O. Box 8131, Covington, WA 98042-0049. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Software.

(e) Changes to Your Email Address. You agree to notify us promptly of any change in your email address.

14. AMENDMENT.

Developer shall have the right to change or add to the terms of its Agreement at any time (provided that it is not Developer’s intent that such change substantially affect the license rights granted to Licensee in Section 2 and for which consideration was paid by you) and to change, delete, discontinue, or impose conditions on any feature or aspect of Software and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Developer determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Software or on any Developer sponsored website. Any use of the Software by you after Developer's publication of any such changes shall constitute your acceptance of this Agreement as modified.

15. TERMINATION.

Your rights under this Agreement may be terminated or suspended by Developer immediately and without notice if you or any of your authorized users fail to comply with any term or condition of this Agreement or you no longer consent to receive Electronic Communications in accordance with Section 13. Upon termination you must immediately cease using the Software and Services. Any termination of this Agreement shall not affect Developer’s rights hereunder.

16. DISPUTES.

(a) Good Faith Efforts, Binding Arbitration. If a dispute arises under this Agreement, the parties agree, prior to taking legal action, to work in good faith to resolve the dispute within a reasonable time.  If such good faith efforts are unsuccessful, the parties agree that any controversy or claim (whether based in statute, contract, tort or otherwise) arising out of or relating to this Agreement or its interpretation or application, or any performance or dealings between the parties, shall be settled exclusively by binding, non-appealable (except as provided below) arbitration.  A single arbitrator shall decide the dispute unless the amount in controversy exceeds two hundred fifty thousand dollars ($250,000.00), in which case a three-person panel of arbitrators shall preside, unless otherwise agreed by the parties.  The arbitrator shall be selected by mutual agreement of the parties, or, if the parties cannot agree upon an arbitrator within 10 days, then each party shall select an arbitrator who shall confer and select a third arbitrator to serve.  If a three-person panel is required, each party shall select an arbitrator and the two arbitrators shall together designate a third to serve with them on such panel.  The parties agree that the arbitrator’s award shall be final, and may be filed with and enforced as a final judgment by any court of competent jurisdiction.  Unless otherwise agreed by the parties, arbitration shall be held in King County, Washington.  Each party will bear its own costs in arbitration and the fees and expenses of the arbitration panel will be shared equally by the parties.

(b) Arbitrator Powers, Injunctive Relief, Appeal. The arbitrator shall be knowledgeable about the subject matter of the claim or controversy, but shall not have any direct interest in such claim or controversy, and shall base their decision on the laws of the applicable jurisdiction.  The arbitrator shall issue a short written statement (not to exceed 15 pages, excluding exhibits) setting forth its decision and reasons therefore, including the findings of fact and conclusions of law supported by the evidence relied upon in reaching the decision.  The arbitrator shall have no power to (i) award damages in excess of the amount paid by Client to Provident Designs LLC other than the types allowed by Section 11 (Limitation of Liability and Damages); or (ii) alter any of the provisions of this Agreement.  Either party may seek interim measures of protection concerning any subject matter of the dispute subject to arbitration, including but not limited to interim injunctive relief, in a court of competent jurisdiction.  If the total amount of the arbitration award is five hundred thousand dollars ($500,000.00) or more, inclusive of interest, costs, and attorneys’ fees, the parties shall have the right to appeal the decision of the arbitrator(s).  In reviewing a decision of the arbitrator(s), the appeal panel shall apply the same standard of review that a United States Court of Appeals would apply in reviewing a similar decision issued by a United States District Court in the jurisdiction in which the arbitration hearing was held.

(c) Consent to Jurisdictions. The parties consent and agree to the exclusive jurisdiction of the tribunals mentioned in this Section 16, and waive any and all objections to such forums, including but not limited to objections based on improper venue or inconvenient forum.

17. MISCELLANEOUS.

Except as expressly set forth in this Agreement, this Agreement is a complete statement of the agreement between you and Developer and sets forth the entire liability of Developer, its Suppliers, and service providers, and your exclusive remedy with respect to the Software, and its use. The Suppliers, agents, employees, distributors, and dealers of Developer are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Developer. Any waiver of the terms herein by Developer must be in a writing signed by an authorized officer of Developer and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Washington law as applied to agreements entered into and to be performed entirely within Washington, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word including means including but not limited to. This Agreement does not limit any rights that Developer may have under trade secret, copyright, patent or other laws.