END USER LICENSE AGREEMENT
IMPORTANT NOTICE
PLEASE READ CAREFULLY BEFORE PROCEEDING
Terms of Service
Welcome to RichheapeEntertainment.com Video Downloads. These Terms of Service are a legal agreement ("Agreement") between you and RichheapeEntertainment.com USA, ("RichheapeEntertainment.com") stating the terms that govern your use of RichheapeEntertainment.com 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, 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.
RichheapeEntertainment.com 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, RichheapeEntertainment.com 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 888-600-2922 or you can provide your comments to us by e-mail at heape@RichheapeEntertainment.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 RichheapeEntertainment.com's general Terms of Use, which are incorporated into and made a part of this Agreement. 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 RichheapeEntertainment.com'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. RichheapeEntertainment.com 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 RichheapeEntertainment.com in its sole discretion. You agree that RichheapeEntertainment.com 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. RichheapeEntertainment.com'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 RichheapeEntertainment.com of any unauthorized use of your Account or any other breach of security. RichheapeEntertainment.com shall not be responsible for any losses arising out of unauthorized use of your Account.
Other Software. RichheapeEntertainment.com will obtain your consent before allowing the download of any other software from the RichheapeEntertainment.com site, and RichheapeEntertainment.com will not automatically download any software to your computer system. You understand and agree that any material, including but not limited to any other downloaded software, required or automated updates, modifications or reinstallations, or other third party software that you may obtain to use the Service, will be undertaken at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from any such material.
Security. You understand that the content downloaded through the Service, such as video, audio, motion pictures, music, images, artwork, text, and other copyrightable materials ("Content") is owned or licensed by RichheapeEntertainment.com from the content providers ("Content Providers"). The Content is delivered to you through a security framework using technology that protects digital information and imposes usage rules ("Usage Rules") established by RichheapeEntertainment.com and its application service providers of the Service (collectively, "Service Providers"). The security technology including, without limitation, Windows Media DRM 10 technology, is an inseparable part of the Service. You agree that your sublicense of Content constitutes your agreement to use the Content solely in accordance with the terms of this Agreement and the Usage Rules, and that any other use of the Content may result in civil or criminal liability and/or termination of your license to the Content. The Service represents and consists of valuable intellectual property and may also contain confidential information of the Content Providers. RichheapeEntertainment.com reserves the right to modify the Usage Rules at any time.
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 to receive it, RichheapeEntertainment.com 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. RichheapeEntertainment.com 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 RichheapeEntertainment.com immediately by calling 1 -888-600-2922. 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, RichheapeEntertainment.com 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 RichheapeEntertainment.com, 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.
Except only for the rights expressly granted to you in this Agreement, all rights in and to the Service and the Content are reserved by RichheapeEntertainment.com and/or its Content Providers. Any copy or use of any portion of the Service or the Content other than as expressly permitted in this Agreement shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, RichheapeEntertainment.com and/or its Content Providers may, in its or their sole discretion, terminate your license to any Content and/or pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
Any exporting capabilities permitted by the Usage Rules are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners or the Content Providers in any Content, including without limitation, video, sound recording, underlying musical compositions, artwork or other copyrightable matter embodied in any Content. Except as expressly provided by this Agreement, no right, title or interest in any Content or software is transferred to you as a result of any downloading or use of the Content nor shall any sublicense granted to you constitute a waiver of any rights of RichheapeEntertainment.com and/or its Content Providers with respect to any Content. All rights in the Service and the Content are owned by or licensed by RichheapeEntertainment.com and/or its Content Providers, respectively.
You may not copy, reproduce, transfer or download (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any Content, the Service or any related software. Except as provided by the Usage Rules (including the right to make permitted back-up copies), you agree that you will not duplicate or otherwise reproduce (including but not limited to "burning") the Content, or any portion thereof, onto any physical medium, memory or device including but not limited to CDs, DVDs, VCDs or any other such device or medium now known or hereinafter devised. You may "cache" pages of the Service for the sole purpose of increasing the speed and efficiency at which you access the Service in the future. However, no other copying or use of any portion of the Service is permissible except as specifically permitted in this Agreement. Links to the Service, other than to the home page, are only permitted upon express permission from and arrangement with RichheapeEntertainment.com. You may not reverse engineer, decompile, disassemble, translate, modify, erase, delete, damage or disable any computer file, software, security technology, copy protection or use limitation systems associated with the Service or the Content. You may not play and then re-digitize any Content, or upload the Content to the Internet. You may not use the Content in conjunction with any other third-party content (e.g., to provide sound for a different film). You may not sell or offer to sell the Content, including but not limited to, posting any Content for auction, on any Internet auction site.
You may not: (i) frame or link to RichheapeEntertainment.com except as expressly permitted in writing by RichheapeEntertainment.com; (ii) modify the Service or the Content in any way, including but not limited to, removing any proprietary notices or labels on the Content; (iii) use the Service or the Content in conjunction with any device or service designed to circumvent, avoid, bypass, remove, deactivate, impair, or otherwise defeat, technological measures that control access to, or the rights in, a Content file or other work protected by the copyright laws of any jurisdiction; (iv) use the Service to invade the privacy of, or obtain personal information about, any other RichheapeEntertainment.com Account holder or user, or to obtain a list of RichheapeEntertainment.com Account holders or users; (v) use the Service or the Content to violate any legal right of any third party, including any Content Provider or any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; (vi) counterfeit or paste Content from the Service to any other web site or web page; (vii) publicly display any portion of the Service or the Content, or any videos or other audiovisual or digital works available at RichheapeEntertainment.com without a written sublicense signed by a party authorized to legally bind RichheapeEntertainment.com; or (viii) use any data mining, robots, or similar data gathering and/or extraction tools in connection with the Service. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content or the Usage Rules. RichheapeEntertainment.com's Content Providers are expressly made third party beneficiaries of each of the sublicense and use restrictions set forth in this Section.
WITHOUT LIMITING ANY PROVISION HEREIN, RichheapeEntertainment.com MAKES NO WARRANTY THAT ANY PARTICULAR AUTHORIZED DEVICE WILL BE COMPATIBLE WITH THE SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
The delivery of the Service or the Content does not transfer to you any commercial or promotional use rights in the Service or the Content.
6. Order Acceptance Policy; Other Restrictions and Terms.
Terms of Service. All downloads are final and all charges for those downloads are nonrefundable, except as otherwise set forth in this Agreement.
RichheapeEntertainment.com is a distributor of the Content only to end user sublicensees and does not accept orders from video dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to redistribute. There also may be other orders that RichheapeEntertainment.com is unable to accept. Additional terms of RichheapeEntertainment.com's Order Acceptance Policy are explained in our general Terms and Conditions of Use.
Age Requirement for Use of the Service. The Service is available only for individuals who are at least 18 years of age. RichheapeEntertainment.com is relying on your representation that you are at least 18 years of age; RichheapeEntertainment.com would not enter this Agreement with you and would not allow you to access the Service but for your representation that you are at least 18 years of age. If you are under the age of 18 but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. RichheapeEntertainment.com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the Service and parents or legal guardians may not enter into this Agreement on their behalf. If you are a parent or legal guardian entering into this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Service.
Territory. Purchases from RichheapeEntertainment.com Video Downloads are available only within the 50 states of the United States and Washington, D.C. (the "Territory"), and are not available in any other location. You agree not to use or attempt to use the Service from outside of the Territory. For this purpose, you will need a U.S. based credit card (having a credit card billing address in the Territory) and an internet address that our geo-filtering technology identifies as being located in the Territory. RichheapeEntertainment.com may use technologies to verify your compliance. RichheapeEntertainment.com makes no representation or warranty that the Service is legal, appropriate or available for use in locations outside of the Territory, and any use of the Service outside the Territory is expressly prohibited by this Agreement.
7. Agreement to Pay.
Payment for Content. You agree to pay for all Content you sublicense through the Service, and that RichheapeEntertainment.com is authorized to bill your chosen payment method for any Content downloaded, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing RichheapeEntertainment.com with a valid payment method for payment of all fees. All fees will be billed to the payment method you designate during the registration process. If you want to designate a different payment method or if there is a change in your credit or debit card status, you must change your credit or debit card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until RichheapeEntertainment.com can verify the validity of the new credit or debit card information.)
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make payments electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such sublicenses. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on this Service, including notices of cancellation, policies, contracts, and applications. You hereby waive any and all defenses you might have based on the electronic form of this Agreement and the lack of conventional signing by the parties to this Agreement. This Agreement constitutes a written agreement between you and RichheapeEntertainment.com. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents or records originally generated and maintained in printed form.
Payment Methods. RichheapeEntertainment.com Video Downloads currently accepts Paypal, major credit cards, and Visa or MasterCard branded debit cards, as a form of payment. When you use a credit or debit card, RichheapeEntertainment.com will obtain a pre-approval from the issuing bank at the time your order is placed. Your credit or debit card will be billed when the Content is "shipped." For purposes of the Service, an order will be deemed "shipped" when the Content License has been issued to you. RichheapeEntertainment.com may bill your chosen payment method before each individual Content is delivered. We are unable to accept credit or debit cards issued by banks outside of the United States. Debit cards and credit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please review the data you have entered to ensure it is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.
Sales Tax. RichheapeEntertainment.com Video Downloads purchases will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before the Content is purchased, the new tax rate in effect at the time of purchase will apply. We will only charge tax in states and localities where video downloads are taxable. No customers are eligible for tax exemptions for purchases made on RichheapeEntertainment.com Video Downloads.
Fees. RichheapeEntertainment.com reserves the right to change fees for Content offered at RichheapeEntertainment.com Video Downloads at any time.
Customer Service. For assistance with billing questions or other order inquiries, please contact us via email at heape@RichheapeEntertainment.com.
8. Delivery of Content.
RichheapeEntertainment.com Video Downloads makes every effort to provide a broad Content offering. Our Content Providers also may change or withdraw the availability of Content. For these reasons, RichheapeEntertainment.com reserves the right to change Content selections without notice.
On occasion, technical and other problems may delay or prevent delivery of your Content. Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content, or refund of the fee paid for such Content, as determined by RichheapeEntertainment.com in its sole discretion. RichheapeEntertainment.com will not replace the Content if you are unable to view it or if you lose the Content, including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Content does not play for any other reason.
9. Intellectual Property.
Acknowledgement of Ownership. You agree that the Content and the Service, including without limitation all software (expressly including the WM Software), security technology, web sites, text, data, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Content or the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Content and the Service, are respectively owned by RichheapeEntertainment.com and/or its Content Providers, and/or its Service Providers, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Content or the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. Copyright © 2008 Rich-Heape Films, Inc. All Rights Reserved. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE CONTENT OR THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT OR OTHER LAWS PROTECTING INTELLECTUAL PROPERTY RIGHTS.
Trademarks. Rich-Heape Films, Inc., RichheapeEntertainment.com, the Rich-Heape Films, Inc. logo, and other Rich-Heape Films, Inc. trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Rich-Heape Films, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Content or the Service are the trademarks of their respective owners, including the Content Providers. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks by you shall constitute an act of infringement. Furthermore, RichheapeEntertainment.com or its Content Providers may, in its or their sole discretion, pursue any other available rights or remedies at law or in equity for a violation of this Agreement or its Content Providers' rights.
10. Termination.
Termination Rights. RichheapeEntertainment.com, in its sole discretion, reserves the right to modify, suspend or discontinue the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you. Neither RichheapeEntertainment.com nor its Content Providers will be liable for the removal of or disabling of access to any Service, content or other materials under this Agreement. RichheapeEntertainment.com further reserves the right, in its sole discretion, to terminate this Agreement with you and/or your use of the Service (or any part thereof) at any time, with or without notice, for any or no reason, without liability to you. In particular, if you fail, or RichheapeEntertainment.com suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide RichheapeEntertainment.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the terms of this Agreement or the Usage Rules, RichheapeEntertainment.com, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, including your sublicense to use the Content, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
Survival. The provisions of Sections 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 will survive termination of this Agreement.
11. General Compliance with Laws.
The Service is controlled and operated by RichheapeEntertainment.com from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service and the Content. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination or person prohibited under such laws.
12. Enforcement of These Terms of Service.
RichheapeEntertainment.com reserves the right to take steps RichheapeEntertainment.com believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to RichheapeEntertainment.com's right to cooperate with any legal process relating to your use of the Service and/or Content, and/or a third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party's rights). You agree that RichheapeEntertainment.com has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, the applicable Content Providers or any other third party, as RichheapeEntertainment.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to RichheapeEntertainment.com's right to cooperate with any legal process relating to your use of the Service and/or Content, or the applicable Content Provider's or any other third party claim that your use of the Service and/or Content is unlawful and/or infringes such third party's rights).
13. No Responsibility for Third-Party Materials or Web sites.
RichheapeEntertainment.com may provide links to certain third-party web sites. You acknowledge and agree that RichheapeEntertainment.com is not responsible for examining or evaluating the content or accuracy of any Content or such third-party web sites. RichheapeEntertainment.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any Content or third party web sites, or for any other materials, products, or services of third parties. You are responsible for adhering to the applicable terms of service for any third party web site. Your correspondence or business dealings with, or participation in promotions of, third parties or Content Providers found on or through RichheapeEntertainment.com, including any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party with which you contract. RichheapeEntertainment.com does not represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor or approve of the hyperlink or content contained at RichheapeEntertainment.com. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
14. Disclaimer of Warranties; Limitation of Liability.
RichheapeEntertainment.com DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME RichheapeEntertainment.com MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. RichheapeEntertainment.com DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND RichheapeEntertainment.com DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
RichheapeEntertainment.com OFFERS THE SERVICE AND CONTENT FOR ENTERTAINMENT PURPOSES ONLY. NEITHER RichheapeEntertainment.com NOR THE CONTENT PROVIDERS WARRANT OR REPRESENT THE TRUTH OR VALIDITY OF THE INFORMATION CONTAINED ON THE SERVICE AND NEITHER RichheapeEntertainment.com NOR THE CONTENT PROVIDERS ARE RESPONSIBLE FOR ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED OR ACCESSED THROUGH THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL RichheapeEntertainment.com OR ITS CONTENT PROVIDERS, OR ANY OF ITS OR THEIR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RichheapeEntertainment.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL RichheapeEntertainment.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND RichheapeEntertainment.com HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
RichheapeEntertainment.com MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE CONTENT OR THE SERVICE OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE CONTENT AND THE SERVICE.
15. Waiver and Indemnity.
By using the Service, you agree to indemnify and hold RichheapeEntertainment.com, its directors, officers, employees, affiliates, agents, contractors, and Content Providers harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service or the Content, or any action taken by RichheapeEntertainment.com as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. RichheapeEntertainment.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without the prior written consent of RichheapeEntertainment.com. You agree to cooperate as fully as reasonably required in the defense of any claim. You cannot sue or recover any damages from RichheapeEntertainment.com, its directors, officers, employees, affiliates, agents, contractors, and Content Providers as a result of its decision to remove or refuse to process any information, any failure to provide any Service or Content, the nature or content of any Service or Content, or any failure to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of RichheapeEntertainment.com'S conclusion that a violation of this Agreement has occurred.
16. Changes.
RichheapeEntertainment.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose revised, new or additional rules, policies, terms, or conditions on your use of the Service ("Additional Terms"). Such Additional Terms will be effective immediately and incorporated into this Agreement. You agree to review this Agreement periodically to be aware of any Additional Terms. Your continued use of the Service following the posting of any Additional Terms will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
17. Governing Law; Remedies.
The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with RichheapeEntertainment.com or relating in any way to your use of the Service resides in the courts of the State of Texas. Any summons, order to show cause, writ, judgment, decree or other process, issued by such courts, may be served on you at the address which you have provided to us or personally outside the State of Texas and when so served you shall be subject to the jurisdiction of such courts as though the same had been served within the State of Texas.
You understand and agree that any unauthorized use of the Service (including all elements thereof), the Content, or any related software or materials, would result in irreparable injury to RichheapeEntertainment.com and/or its affiliates or Content Providers for which money damages would be inadequate, and in such event RichheapeEntertainment.com, its affiliates and/or Content Providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you, without the need to post bond or any other security. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that RichheapeEntertainment.com, its affiliates and/or Content Providers may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Your sublicense to use the Content shall terminate automatically, without notice or demand, upon any breach of this Agreement by you. Upon any such breach, you hereby agree to delete all Content resident in your Authorized Devices and to return to RichheapeEntertainment.com all Content contained in any back-up media.
18. No Assignment.
You agree not to assign, transfer or sublicense your rights as a customer of the Service. You agree to be financially responsible for all usage or activity on your Account.
19. Force Majeure
RichheapeEntertainment.com shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay is caused by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of government, act of public enemy, or other cause of similar or dissimilar nature beyond its reasonable control.
20. Miscellaneous.
This Agreement, together with the Usage Rules, Terms of Use and Privacy Policy for the RichheapeEntertainment.com website, constitute the entire agreement between you and RichheapeEntertainment.com regarding the Service and govern your use of the Service, superseding any prior agreements between you and RichheapeEntertainment.com relating to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. RichheapeEntertainment.com's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. RichheapeEntertainment.com will not be responsible for failures to fulfill any obligations due to causes beyond its reasonable control. RichheapeEntertainment.com obtains permission from various Content Providers, including, without limitation, movie studios and other Content owners to make their Content available to you through the Service. You agree that the respective Content Providers are intended, and are hereby expressly made, third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their Content to the same extent as if such Content Providers were a party to this Agreement. This Agreement shall be fully enforceable in every respect, at law or in equity, by each such Content Provider as third party beneficiaries. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
USAGE RULES
Standard Definition Format
You may download video Content identified on the Service as "Standard Definition Format" Content only to a single Authorized Personal Computer (a personal computer or a laptop). You may play such video Content an unlimited number of times on such Authorized Personal Computer. An Authorized Personal Computer means a single personal computer or a single laptop running Microsoft Windows XP or later operating system that can accept and process the Content using Microsoft Corporation's Windows Media Player DRM 10 Series and Microsoft.net 1.1, or later or newer versions thereof. STANDARD DEFINITION CONTENT WILL NOT PLAY ON PORTABLE DEVICES.
Portable Definition Format
You may download video Content identified on the Service as "Portable Definition Format" Content to your Authorized Personal Computer. You may then transfer the Content files to an aggregate total of three (3) personal video players that are Authorized Portable Devices. You may play such video Content an unlimited number of times on such your Authorized Portable Devices. Authorized Portable Devices means up to three (3) video players that can accept and process the Content using Microsoft Corporation's Windows Media DRM 10 for Portable Devices.
Combination Rights Format
You may download video Content that includes both Standard Definition Format Content and Portable Definition Format Content. You may play such video Content an unlimited number of times on both your Authorized Personal Computer and your Authorized Portable Devices.
E-Copy Content Bundle
If you purchase a DVD from certain Content Providers online at RichheapeEntertainment.com or at a Rich-Heape Films, Inc. and want to additionally license a "Digital Copy" (where offered) in either PC Format or Portable Format, or the combination of both, you may unlock the access to the Digital Copy using the code provided with the DVD in order to license the digital content. Your license and use of the Digital Copy will be subject to all terms and provisions of this Agreement, including without limitation, these Usage Rules.
Back-Up Files
You are permitted and encouraged to make aback-up file of the encrypted Content on DVD or other storage media, in the same format as the original download file, to play on your Authorized Devices. Such back-up files only can be played on your Authorized Devices with valid licenses and, if copied to a DVD, will not be playable on a traditional DVD player.
Home Networking
Home Networking facilitated by use of Windows Media DRM 10 for Network Devices is the only localized home network for connection to consumer audio-video devices within your home that is authorized for use with the Service. Unless otherwise specifically authorized, you are not permitted to access or view Content using any other Home Networking technology.
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. |
