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Terms of Use

The Movie House, LLC. (“The Movie House”, “we” or “us”) provides our website accessible at TheMovieHouse.tv (the “Site”) through which users can watch free content through their connected TV device (the “Services”). Please read the following important terms and conditions (“Terms of Use”) carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site that are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and The Movie House and apply to you whether you are a The Movie House Member (defined below) or a visitor just browsing the Site (collectively, “The Movie House Users”). These Terms of Use limit The Movie House’s liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

YOU UNDERSTAND THAT BY USING THE SITE, SERVICES OR YOUR THE MOVIE HOUSE ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.

 

  1. Eligibility and Registration.

In order to access certain features of the Site and Services, you will have to create a The Movie House account and become a “The Movie House Member”. To become a The Movie House Member you must be at least 18 years of age. When you register with The Movie House and set up your The Movie House account, you must provide The Movie House with accurate and complete information. You agree to promptly update your The Movie House account information with any new information. You authorize The Movie House, directly or through third-parties, to make any inquiries we consider necessary or appropriate to verify your The Movie House account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from The Movie House Users.

You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. The Movie House reserves the right to require you to change your username for any reason and may do so at anytime.

 

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding The Movie House account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your The Movie House account, whether or not you have authorized such activities or actions. You agree to immediately notify The Movie House of any unauthorized use of your username, password or The Movie House account.

  1. Proprietary Rights and Licenses.

(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:

 

“The Movie House Content” means, collectively, the text, data, graphics, images, The Movie House trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.

“Licensed Content” means any content (including any audio or video content) provided to The Movie House by its third-party content partners (which may include The Movie House Content or “download to own” content) made available through the Site and Services.

 

(b) The Movie House Content. The Movie House and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, The Movie House Content and any other content made available through the Site or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, The Movie House Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, The Movie House Content or any other content made available through the Site or Services. All rights in The Movie House Content are reserved. The delivery of any The Movie House Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.

(c) Disclaimer. The Movie House does not guarantee that any content (including without limitation The Movie House Content) will be made available through the Site or Services, continuously or at all. WHILE THE MOVIE HOUSE IS UNDER NO OBLIGATION TO DO SO, THE MOVIE HOUSE RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON THE MOVIE HOUSE DEEMS SUFFICIENT.

  1. Termination or Suspension of the Site or Services & Modification of these Terms of Use.

The Movie House reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after The Movie House has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.

 

Without limiting other remedies, The Movie House may at any time suspend or terminate your The Movie House account and refuse to provide access to the Site or Services. In addition, The Movie House may notify authorities or take any actions it deems appropriate, without notice to you, if The Movie House suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by The Movie House; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, The Movie House Users, The Movie House or any other third-parties or the Site or Services.

 

  1. Loyalty Program.

The Movie House operates a user loyalty program. You must be 18 years or older to participate. Users can earn points for the usage of The Movie House’s connected TV services. The points earned are displayed in the form of a progress bar.  The amount of points that are earned may vary and can be changed at anytime without notice to you. If you earn enough points, those points can be put towards a free movie. The free movie will be provided to you in the form of a gift card to one of our partner streaming platforms where you can use that gift card towards the rental or purchase of a movie. For more details on our loyalty program, contact us through the Contact page below.

  1. Ratings & Feedback.

(a) Ratings. Through your connected TV device, you can give us a rating. Your rating is appreciated and helps us be better.

(b) Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by using the Contact page below. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of The Movie House and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to The Movie House together with all intellectual property rights therein.

  1. Indemnification.

You agree to defend, indemnify and hold The Movie House and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, The Movie House Content or User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services (including without limitation your User Submissions) caused damage to a third-party, including without limitation claims that your User Submissions are infringing. As to (i), (iii) and (iv) in this Section 6, your obligation to indemnify The Movie House applies to your activities on the Site at any time.

  1. Disclaimer.

THE SITE, SERVICES, THE MOVIE HOUSE CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. THE MOVIE HOUSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, THE MOVIE HOUSE CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, THE MOVIE HOUSE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, THE MOVIE HOUSE CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL THE MOVIE HOUSE OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, THE MOVIE HOUSE CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY THE MOVIE HOUSE USER, ONLINE OR OFFLINE, WHETHER OR NOT THE MOVIE HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MOVIE HOUSE’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. THE MOVIE HOUSE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Governing Law and Forum.

These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Florida. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Florida and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

  1. Arbitration.

Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms of Use or your use of the Site and/or Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except you and The Movie House are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property rights.

Arbitration will be initiated through the American Arbitration Association (“AAA”). In the event the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by The Movie House. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse The Movie House for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and The Movie House. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The Movie House.

You and The Movie House waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and The Movie House elect to have claims and disputes resolved by arbitration. In any litigation between you and The Movie House over whether to vacate or enforce an arbitration award, you and The Movie House waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

YOU AND THE MOVIE HOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to unenforceable, then the entirety of this provision shall be null and void, and all claims and disputes will be resolved in a court as specified in Section 9 above.

YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor The Movie House can force the other to arbitrate. To opt-out, you must notify The Movie House in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your The Movie House account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: The Movie House, LLC., ATTN: Arbitration Opt-out, 1199 S Federal Hwy Suite 245, Boca Raton Fl 33432, USA.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with The Movie House.

  1. Force Majeure.

The Movie House will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to The Movie House infrastructure or connectivity to the internet or failure at an The Movie House co-location facility (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, The Movie House will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that The Movie House may reasonably require to recover from the effects of such Force Majeure Event.

  1. Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

  1. Notice; Consent to Electronic Notice.

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (c) by The Movie House via email (in each case to the address that you provide), or (d) by you via email. The date of receipt will be deemed the date on which such notice is transmitted.

  1. Links to other Websites.

The Site or Services may provide links to websites other than TheMovieHouse.tv. Such links are provided for reference only, and The Movie House neither controls such websites nor endorses any of the material on any such websites or any association with their operators. The Movie House is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.

  1. Miscellaneous.

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of The Movie House and any prohibited assignment will be null and void. The Movie House may assign these Terms of Use or any rights hereunder without your consent. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and The Movie House’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and The Movie House. These Terms of Use together with the rules and policies of The Movie House incorporated herein by reference constitute the entire agreement between The Movie House and you with respect to the subject matter of these Terms of Use.

  1. No Unsolicited Submissions.

As a general practice, The Movie House, LLC. does not accept unsolicited material that is not represented by a reputable agent, agency, manager, producer, production company or studio. Any unsolicited creative ideas, suggestions or materials of any kind, including for new or improved products, names, promotions, advertisements, marketing, processes pitches, outlines, scripts, treatments, artwork, designs, visual materials, etc. will be discarded and will not be read. The purpose of this policy is to avoid any potential misunderstandings if your original work seems similar to The Movie House content since many works and submissions are based on the same or similar ideas. Please note, if you choose to disregard this policy and submit materials regardless, you acknowledge that you understand that The Movie House has no obligation to you or your submission and that you have no claim whatsoever based on such submission.

  1. Questions.

If you have questions about these Terms of Use or Privacy Policy, you can contact us through the Contact page below.

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