App Terms and Conditions of Use
By using Movies NOW! (“Company”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Company under the Terms of Service include various products and services to help you create and manage a retail store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.
Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You are responsible for keeping your password secure. Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
General Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Movies NOW!. Technical support is only provided to paying account holders and is only available via email. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the Movies NOW! service. All material you upload remains yours. You can remove your Movies NOW! shop at any time by deleting your account. This will also remove all content you have stored on the Service. By uploading images and item description content to Movies NOW!, you agree to allow other internet users to view them and you agree to allow Company to display and store them and you agree that Company can, at any time, review all the content submitted by you to its Service.
Payment of Fees
You will pay the Fees applicable to your subscription to Online Service and/or to use the Service (“Subscription Fees”). You must keep your contact information, billing information and credit card information up to date.
Cancellation and Termination
You may cancel your account at anytime by emailing Company and then following the specific instructions indicated to you in Company's response. Upon termination of the Services by either party for any reason, Company will cease providing you with the Services and you will no longer be able to access your Account.
Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days notice from Company. Such notice may be provided at any time by posting the changes to the Movies NOW! Site (MoviesNOW.com) or the administration menu of your Movies NOW! store via an announcement.
Third Party Services
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Company’s partners or other third parties.
This application links to third-party streaming sites. Availability of free movies is determined by these third-party streamers, based on whether you have access to their service. Should a third-party streamer charge a fee for accessing content, "The Company" shall not be held responsible. We only provide information regarding the third-party services on which the content is available.
DMCA Notice and Takedown Procedure
Company supports the protection of intellectual property and asks Movies NOW! merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement.
Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page. Company reserves the right to update and change the Terms of Service by posting updates and changes to the Movies NOW! website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Assignment
You may not assign any of your rights under these Terms, or delegate any performance of these rights, or your Movies NOW! account, in any way (by operation of law or otherwise) without Company's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Exclusive Mediation
Both parties unequivocally agree that any and all disputes arising from the use of these Terms of Use or The Company, including but not limited to disputes related to intellectual property rights, interpretation, violation, invalidity, non-performance, or termination, shall be submitted exclusively to mediation. By agreeing to these Terms, both You and the Company expressly waive the right to resolve any such disputes through court proceedings, arbitration, or any other adjudicative process.
The mediation shall be conducted in Palm Beach County, Florida, in English, and shall be governed by the laws of the State of Florida, without regard to its conflicts of laws provisions.
For all purposes of these Terms, both parties consent to waive their respective rights to any other jurisdiction and agree to the exclusive venue in Palm Beach County, Florida.
Notwithstanding the foregoing, neither party shall have the right to pursue injunctive or other equitable relief from any court of competent jurisdiction. Both parties agree that the exclusive remedy for any dispute or claim shall be mediation as described herein.
Inactive Accounts and Data Deletion
If your account remains inactive for a period of three (3) years, we reserve the right to delete your account and all associated data. In such cases, we will attempt to notify you in advance using the contact details associated with your account.
Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Movies NOW!, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Company, and you do not have any authority of any kind to bind Company in any respect whatsoever.
Except as expressly set forth in the section above regarding the Apple Application, you and Company agree there are no third party beneficiaries intended under these Terms.
DATE OF LAST UPDATE: September 14th, 2023