DIRECTDOWNLOADMOVIES Subscription Agreement
THIS directdownloadmovies.com SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND directdownloadmovies.com. ("OUR," "US," "WE" OR "DIRECTDOWNLOADMOVIES"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE DIRECTDOWNLOADMOVIES SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
1. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at
http://www.directdownloadmovies.com/privpol.html. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the DIRECTDOWNLOADMOVIES Site will constitute your binding acceptance of the change.
2. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
3. MISCELLANEOUS
This Agreement is governed by the laws of the State of Massachusetts, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Middlesex County, Massachusetts, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 3. You shall not use the Service in any manner contrary to local, state or federal law. DIRECTDOWNLOADMOVIES expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
4. ENROLLMENT IN THE SERVICE
DIRECTDOWNLOADMOVIES currently provides an Internet subscription Service. The Service consists of a subscription plan whereby, for a fee and subject to certain limitations as described herein, you are granted webpage access providing links to the largest catalog of movie and video files using peer-to-peer software. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to the movie files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at
http://www.directdownloadmovies.com/register.html ("DIRECTDOWNLOADMOVIES Site"). You will only be charged for the effort it took us to compose a webpage helping you to comfortably find and download movies online and to have all the tools needed in one place. We do not claim to own any software provided to our members. Any of the software provided could be obtained for free at the owners' respective sites. We do not promote illegal activity and respect copyright laws. We cannot be held liable for whatever you do once you start using peer-to-peer software available in our member's section. You understand, that no files can be downloaded directly from this site in any way, shape, or form.
5. DIRECTDOWNLOADMOVIES PRIVACY POLICY
Pursuant to the DIRECTDOWNLOADMOVIES Privacy Policy, DIRECTDOWNLOADMOVIES may occasionally release aggregate Registration Data about user trends to third parties, such as sales based on zip code. However, we will not give out individual sales information unless required to do so by law. The DIRECTDOWNLOADMOVIES Privacy Policy is set forth at
http://www.directdownloadmovies.com/privpol.html and may be amended at any time in our sole discretion.
6. TECHNOLOGICAL AND USE LIMITATIONS
6.1 DIRECTDOWNLOADMOVIES will make reasonable efforts to keep the DIRECTDOWNLOADMOVIES Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. DIRECTDOWNLOADMOVIES also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that DIRECTDOWNLOADMOVIES shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
6.2 The Service has been developed to allow individual end users the opportunity to sample and experience a broad catalog of music, movies and games. By enrolling in the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You may only make copies of any file obtained through the Service for your own personal use.
6.3 Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. DIRECTDOWNLOADMOVIES reserves the right to immediately and permanently terminate your access to the Service if DIRECTDOWNLOADMOVIES believes that you are violating such limitation.
7. TERM, FEES AND PAYMENTS
7.1 By registering for the Service, you agree to pay $8.99 for unlimited access to our members' area. There are no per-movie fees of any kind. There is no autobill feature or recurring payments.
8. TERMINATION
8.1 You agree that DIRECTDOWNLOADMOVIES, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if DIRECTDOWNLOADMOVIES believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. DIRECTDOWNLOADMOVIES may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that DIRECTDOWNLOADMOVIES may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that DIRECTDOWNLOADMOVIES shall not be liable to you or any third-party for any termination of your access to the Service.
8.2 You may terminate this Agreement and your subscription to the Service at any time.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Only you may access the Service using your ID and password, unless otherwise agreed to in writing by DIRECTDOWNLOADMOVIES. The content available through the Service is the property of DIRECTDOWNLOADMOVIES or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of DIRECTDOWNLOADMOVIES. You agree to indemnify and hold harmless DIRECTDOWNLOADMOVIES for your failure to comply with this Section 8.1.
9.2 DIRECTDOWNLOADMOVIES makes no claim to ownership or other control or rights to any software recommended by DIRECTDOWNLOADMOVIES or its agents. None of the charges assessed to members of DIRECTDOWNLOADMOVIES entitle You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees. The fees and charges assessed by DIRECTDOWNLOADMOVIES represent recurring monthly club membership fees which entitle You as a Purchaser to access to the location, evaluation, and or recommendation of those software products available from the web site and for the information provided to purchasers. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE DIRECTDOWNLOADMOVIES SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE DIRECTDOWNLOADMOVIES SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
11. LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.