- OUR COMMUNICATION WITH YOU
- ACCESSING GRAVITAS MOVIES
5.1 Age. You must be eighteen (18) years of age, or the age of majority in your province, territory or country, to become a member of Gravitas Movies.
5.2 Restricted to Non-Commercial Use. Gravitas Movies is for your personal, non-commercial enjoyment only. We grant you a limited, non-exclusive, non-transferable license to access Gravitas Movies and view Content through Gravitas Movies for that purpose. You agree that, except for the foregoing limited license, no right, title or interest shall be transferred to you, and you agree not to use Gravitas Movies for public performances.
5.3 Ownership. You agree that Gravitas Ventures, LLC owns and retains all rights to Gravitas Movies. You further agree that the Content you access and view as part of Gravitas Movies is owned or controlled by Gravitas Ventures, LLC and Gravitas Ventures, LLC’s licensors.
5.4 Changes to Service and Content Library, Availability of Content, and Internet Usage Charges. We will update Gravitas Movies, including the Content available to Gravitas Movies subscribers. We reserve the right, in our sole and absolute discretion and without notice to you, to make changes from time to time in how we offer and operate Gravitas Movies. The availability of Content will change from time to time. The quality of your stream may vary from Device to Device, and may be affected by numerous factors, including your Internet service and Device capabilities. Not all Content is available in HD or UD format, and not all Internet connections are capable of streaming HD or UD-quality Content. You are responsible for all Internet access charges, and are advised to check with your Internet service provider for information on Internet usage charges. Gravitas Ventures, LLC and Gravitas Movies make no representations or warranties about the quality of your streaming experience.
5.7 Device Restriction. Gravitas Movies are restricted to a single (1) Gravitas Ventures, LLC-enabled Devices that may simultaneously be used to stream Gravitas Movies’ Content. The number of Devices that may be enabled for simultaneous streaming of Gravitas Movies’ Content may change from time to time at our discretion.
5.8 Geographic Content Availability. The Content available on Gravitas Movies may vary based upon the geographic locations where we offer certain Content and/or upon our license to distribute such Content in certain geographic regions. Thus, the Content available will vary depending upon your geographic location. Gravitas Ventures, LLC will utilize technologies, which may include geo-filtering techniques, to verify your geographic location.
- MEMBERSHIP TERMS
6.1 Subscription Charges. Your Gravitas Movies subscription will automatically renew based on the terms of your subscription upon transaction of your purchase unless and until you cancel your subscription or we terminate it. You must at all times provide a current, valid, accepted method of payment (a “Payment Method”) to use Gravitas Movies. We will charge your recurring membership fee to your Payment Method. You must cancel your membership before it renews each term (monthly, or annually) in order to avoid billing of the next month’s membership fee to your Payment Method.
6.2 Free Trials. Your Gravitas Movies subscription may begin with a free trial, the period of which will be determined as specified during your sign-up to Gravitas Movies. Restrictions may apply to combinations with other offers, and Gravitas Ventures, LLC reserves the right to determine your eligibility for a free trial. In the event that you sign-up for a free trial, you will need to provide an email address and a Payment Method (i.e., a valid credit card), and at the conclusion of the free trial period Gravitas Ventures, LLC will begin charging your monthly membership fee to your Payment Method. You agree that Gravitas Ventures, LLC is under no obligation to notify you of the conclusion of your free trial period, and that Gravitas Ventures, LLC may bill your Payment Method for each monthly membership fee as each shall come due, until the billing period after the billing period during which you cancel your Gravitas Movies Subscription.
6.3 Recurring Billing and Price Changes. By starting your Gr Gravitas Movies Subscription, you authorize us to charge your Payment Method a membership fee based on the subscription you choose (monthly or annual) at the then-current membership rate, and any further charges you may incur in connection with your use of Gravitas Movies. You acknowledge that the amount charged to your Payment Method may vary between terms (monthly or annually) for reasons that may include different charges due to promotional offers, and/or your changing or altering your membership, and you authorize us to charge your Payment Method for such varying amounts. Your initial membership fee will be billed on the date your membership becomes a paying membership (i.e., no longer a free trial), and we will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Subscription fees are fully earned upon payment. We reserve the right in our sole and absolute discretion to adjust the pricing of Gravitas Movies, or portions thereof, in any manner and at any time. Any price change will take effect following the provision of notice to you via an email communication sent to the email address you provide during your Gravitas Movies account registration.
6.4 No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to Gravitas Movies through the end of your current billing period. In our discretion, we may provide a refund, discount, or other consideration to a subscriber, but the amount and form of such refund, discount or consideration is at our sole and absolute discretion, and shall not entitle any other subscriber to a similar refund, discount or consideration in the future, nor shall it obligate Gravitas Ventures, LLC to provide such refund, discount or consideration in the future.
6.5 Cancellation. You may cancel your Gravitas Ventures, LLC membership at any time. If you cancel your membership, your account will automatically close at the conclusion of the current billing period.
6.6 Your Account and Password. If you established a Gravitas Movies subscriber account, you are the owner of a Gravitas Movies subscriber account. You are responsible for all uses of your account. You are not permitted to share your account and password with other individuals that do not reside in your primary residence, nor are you otherwise permitted to share your access to Gravitas Movies or its Content with other, third-parties. All registration information you provide must be accurate, and you are responsible for updating it. You are advised to keep your password confidential and to carefully guard the security of your password, because you are responsible for all activity on your user account.
- SUBMISSION OF USER REVIEWS AND OTHER MATERIAL
7.1 Material Submitted By You. You agree that Gravitas Ventures, LLC is free to use any comments, information, ideas, concepts, reviews, techniques, opinions, statements, images, likenesses, videos, or any other material contained in any communication you may send to Gravitas Ventures, LLC or post on Gravitas Movies, including responses to Gravitas Ventures, LLC communications and through postings on Gravitas Movies including the Website and other user interfaces, and including Gravitas Ventures, LLC’s Twitter, Facebook, and Instagram accounts, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Gravitas Movies. In addition, you agree not to enforce any “moral rights” in such user-provided content, to the extent permitted by applicable law. Please note that Gravitas Ventures, LLC does not accept submission of unsolicited materials or ideas for movies or television shows, or other artistic expression, and is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to Gravitas Ventures, LLC. Should you send any unsolicited materials to Gravitas Ventures, LLC, you do so with full knowledge and agreement that Gravitas Ventures, LLC will not owe you any consideration of any sort, and you are waiving any claim against Gravitas Ventures, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea that you sent to Gravitas Ventures, LLC.
7.2 Other User Material. Some users may have the opportunity to post third-party comments, information, ideas, concepts, reviews, techniques, or other material (“User Material”) on Gravitas Movies. Please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Gravitas Ventures, LLC does not endorse User Material, and User Material does not reflect the opinions or policies of Gravitas Ventures, LLC or its affiliates. Gravitas Ventures, LLC reserves the right, but has 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 Gravitas Ventures, LLC assume any responsibility or liability whatsoever for any User Material, and you agree to waive any and all legal or equitable rights or remedies you may have against Gravitas Ventures, LLC with respect to such User Material.
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
GRAVITAS MOVIES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH GRAVITAS MOVIES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GRAVITAS VENTURES, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF GRAVITAS MOVIES WILL BE UNINTERRUPTED OR ERROR-FREE. GRAVITAS VENTURES, LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GRAVITAS VENTURES, LLC READY DEVICES, AND GRAVITAS VENTURES, LLC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH GRAVITAS MOVIES).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL GRAVITAS VENTURES, LLC, ITS PARENT COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- 9. INTELLECTUAL PROPERTY
9.1 Gravitas Ventures, LLC’s Protections. Gravitas Movies, including all content provided on Gravitas Movies, is protected by copyright, trade secret or other intellectual property laws and treaties.
9.2 Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through Gravitas Movies, please send such notice by mail to: firstname.lastname@example.org
We will process each notice of any alleged infringement and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on Gravitas Movies that is reasonably sufficient to enable Gravitas Ventures, LLC to identify and locate the material; (4) how Gravitas Ventures, LLC can contact you; (5) 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 (6) 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 of an exclusive right in the material.
- GOVERNING LAW
- LEGAL ACTION
11.2 Notice of Claim. If you decide to seek Legal Action, you must first send notice to Gravitas Ventures, LLC, by certified mail (the “Notice”). The Notice must be addressed to General Counsel, 300 Continental, Suite 410, El Segundo, California 90245 (the “Notice Address”). A Notice, whether sent by you or Gravitas Ventures, LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (a “Demand”). If Gravitas Ventures, LLC and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Gravitas Ventures, LLC may commence a legal action.
13. CUSTOMER SERVICE
If we can assist you, please do not hesitate to contact our customer service department by visiting our customer service webpage at www.gravitasmovies.com. We are happy to assist you.