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International Executive Technology Streaming Video Terms of Use
August 3, 2015
Updated and revised: April 14, 2017
THIS IS AN AGREEMENT BETWEEN YOU AND INTERNATIONAL EXECUTIVE TECHNOLOGY, INC. PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE INTERNATIONAL EXECUTIVE TECHNOLOGY STREAMING VIDEO SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE, IN ANY LINK FROM A PRODUCT DETAIL PAGE, OR ON ANY HELP OR OTHER INFORMATIONAL PAGE FOR THE SERVICE). YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING “WATCH NOW,” “BUY,” OR THEIR EQUIVALENT ON THE INTERNATIONAL EXECUTIVE TECHNOLOGY WEBSITE.
1. THE SERVICE
The International Executive Technology Streaming service offers digitized versions of movies produced and copyrighted by INTERNATIONAL EXECUTIVE TECHNOLOGY under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content by streaming a copy.
The service includes streaming and viewing the film for yourself or your office, for the purposes of professional development/staff training or instruction.
In the case the film is needed for multiple offices, agencies or related entities, multiple streaming “copies” must be purchased, i.e., one “copy” per office, team.
2. COMPATIBLE DEVICES
In order to be able to stream Digital Content from the Service and to view Digital Content on the Service, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
3. ALL SALES FINAL
All purchases of Digital Content are final. We do not accept returns of Digital Content.
4. DIGITAL CONTENT
General. The Service allows you to stream Digital Content for viewing over an indefinite period of time (“Purchased Digital Content”). The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
5. CONDITIONS OF USE
a. Streaming: The videos we make available to you on emotionsdvd.com are restricted through online streaming. You will not be able to download any videos. You may stream the same video to no more than one device at a time.
b. Viewing Period: Indefinite — you may watch and re-watch your purchased videos as often as you want and as long as you want.
c. License to Digital Content. Subject to your payment of any applicable fees (including applicable to access International Executive Technology’s Digital Content, and your compliance with all other terms we specify for Digital Content or the Service, International Executive Technology grants you a non-exclusive, non-transferable, non-sub licensable, limited right and license, to access, view, use and display the Digital Content in accordance with the Conditions of Use for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees.
e. Availability of Purchased Digital Content. Purchased Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and International Executive Technology will not be liable to you if Purchased Digital Content becomes unavailable for streaming. In the event the purchased Digital Content becomes unavailable to you for streaming, we will replace the service with a DVD version of the film for your use.
g. Streaming. When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
h. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; ii) remove any proprietary notices or labels on the Digital Content; iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, iv) use the Service or Digital Content for any commercial or illegal purpose.
6. ADDITIONAL TERMS
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and International Executive Technology may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and International Executive Technology shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Modification of Service. International Executive Technology reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and International Executive Technology will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
c. Amendments. International Executive Technology reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
d. Third-Party Beneficiaries. Content providers providing Digital Content that you rent, purchase, or view on the Service are intended third-party beneficiaries under this Agreement.
e. Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the International Executive Technology Conditions of Use and Terms of Use. You agree to those terms by entering into the Agreement or using the Service.
f. Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the International Executive Technology Conditions of Use: (i) in no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
g. Contact Information. For communications concerning this Agreement, please write to International Executive Technology, Attn: Legal Department, 4227 Sunrise Blvd. Ste 120, Fair Oaks, CA 95628