IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE POCKIT.TV WEBSITE.
Pockit.tv ("we" or "us") is an online and mobile video service offering a selection of movies, documentary films, music videos, clips, and other content (collectively, the "Content") with the purpose of allowing viewers to discover the best and most innovative content off the beaten path of mainstream entertainment. Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by Pockit.tv in connection with its business, however accessed, are referred to collectively as the "Pockit.tv Services".
Age Limitations. If you are under the age of 13, then you are not permitted to register with Pockit.tv or use any feature or other part of the Pockit.tv Services that requires registration.
Your License. Pockit.tv is pleased to grant you a non-exclusive limited license to use the Pockit.tv Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, mobile-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Pockit.tv in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Pockit.tv in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Pockit.tv. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Pockit.tv in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
Limitation on Content. While we do our best to have world wide rights for content on Pockit.tv, we do not guarantee that all films will be available in your region.As soon as Pockit.tv gets rights on restricted areas we'll open up the film to these territories.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where Pockit.tv has incorporated an embed option in connection with Content on the Pockit.tv Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Pockit.tv (in Pockit.tv's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Pockit.tv reserves the right to prevent embedding to any website or other location that Pockit.tv finds inappropriate or objectionable (as determined by Pockit.tv in its sole discretion).
Ownership. You agree that Pockit.tv owns and retains all rights to the Pockit.tv Services. You further agree that the Content you access and view as part of the Pockit.tv Services is owned or controlled by Pockit.tv and Pockit.tv's licensors. The Pockit.tv Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the Pockit.tv Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Pockit.tv Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Pockit.tv Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Pockit.tv Site or use the Pockit.tv Services in a way that:
If Pockit.tv determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Pockit.tv Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Pockit.tv Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Pockit.tv Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Pockit.tv Services, you acknowledge that you will have caused substantial harm to Pockit.tv and that the amount of such harm would be extremely difficult
Downloads. In order to participate in certain Pockit.tv Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Pockit.tv Services (including the Content and the devices through which the Pockit.tv Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Pockit.tv may do so in Pockit.tv's sole discretion. You also agree that Pockit.tv will not be liable to you for any modification, suspension, or discontinuance of the Pockit.tv Services, although if you are a Pockit.tv Plus subscriber and Pockit.tv suspends or discontinues the Pockit.tv Plus service, Pockit.tv may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Pockit.tv terminates your account or suspends or discontinues your access to Pockit.tv Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
We may from time to time offer various features that require registration or the creation of an account with Pockit.tv. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Pockit.tv representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us at info@Pockit.tv as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
Your Pockit.tv membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Pockit.tv service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
Your Pockit.tv membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Pockit.tv reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY Pockit.tv WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
Billing By starting your Pockit.tv membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Pockit.tv service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. Pockit.tv provides various payment methods, this are payment via credit card, paypal and via a mobile money gateway. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Pockit.tv website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. vi. Cancellation. You may cancel your Pockit.tv membership at any time, and you will continue to have access to the Pockit.tv service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.
Your Posts. As part of the Pockit.tv Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). Please follow the following rules:
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Pockit.tv Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Pockit.tv the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Pockit.tv will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Pockit.tv does not guarantee any confidentiality with respect to any User Material.
Advertisements. Pockit.tv takes no responsibility for advertisements or any third party material Posted on the Pockit.tv Website, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Pockit.tv Services are between you and the advertiser, and you agree that Pockit.tv is not liable for any loss or claim that you may have against an advertiser.
Pockit.tv, the Pockit.tv logo, www.Pockit.tv, and other Pockit.tv marks, graphics, logos, scripts, and sounds are trademarks of Pockit.tv. None of the trademarks may be copied, downloaded, or otherwise exploited.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Pockit.tv does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Pockit.tv. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Pockit.tv assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Pockit.tv with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Pockit.tv Services is not available for a specific instance of inappropriate User Material, please email info@Pockit.tv (subject line: "Inappropriate User Material").
Third Party Destinations. As a convenience to you, the Pockit.tv Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Pockit.tv has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Pockit.tv.
Pockit.tv is not responsible for the content or practices of any website or destination other than the Pockit.tv Website, even if it links to the Pockit.tv Website and even if the website or destination is operated by a company affiliated or otherwise connected with Pockit.tv. By using the Pockit.tv Services, you acknowledge and agree that Pockit.tv is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Pockit.tv Website.
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE Pockit.tv SERVICES, YOU AGREE THAT USE OF THE Pockit.tv SERVICES IS AT YOUR OWN RISK. THE Pockit.tv SERVICES, INCLUDING THE Pockit.tv WEBSITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE Pockit.tv WEBSITE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Pockit.tv DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE Pockit.tv SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL Pockit.tv OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "Pockit.tv PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Pockit.tv SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE Pockit.tv PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE Pockit.tv SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE Pockit.tv PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE Pockit.tv SERVICES (INCLUDING YOUR USE OF THE CONTENT). Pockit.tv RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
If you believe that any Content, User Material, or other material provided through the Pockit.tv Services, including through a link, infringes your copyright, you should notify Pockit.tv at legal@Pockit.tv of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Pockit.tv receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Pockit.tv's copyright agent at legal@Pockit.tv (subject line: "Copyright Infringement").
To be effective, the notification must be in writing and contain the following information: (i) an electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Pockit.tv Services that is reasonably sufficient to enable Pockit.tv to identify and locate the material; (iv) how Pockit.tv can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Pockit.tv has a policy of terminating repeat infringers in appropriate circumstances.
International Use. We are a company based in the United States. While Pockit.tv's goal is to bring you as much Content as possible, we are limited by the rights that our content licensors grant us. Accordingly, whenever those rights are territorially limited, Pockit.tv will not allow access to the licensed Content and you are prohibited from using technology to access such licensed Content.