Acceptance of Terms of Service
These Terms of Service ("Agreement") constitute a binding legal agreement between you, an
individual, and ("PPVNetworks") regarding your use of this PPVNetworks managed website (the
"Site") and the content subscription and/or on-demand service available (the "Service"). Please
read this Agreement carefully. By browsing or using the Site, or registering for or using the
Service, you accept this Agreement and any modifications that may be made to the Agreement from
time to time. If you do not agree to any provision of this Agreement, you should not use the
Site or the Service.
The terms "you," "your," and "yours" refer to you, the individual using the Site or the Service.
The terms "we," "us," and "our" refer to . The Site and Subscription Service
Visitors to the Site may browse titles. Subscribers to the Service may, in accordance with this
Agreement, stream titles, or portions of titles, to a single personal computer in accordance
with the description of the applicable subscription.
You must be 18 years of age or older to use the Site or the Service. Use of the Site or the
Service is void where prohibited. You represent and warrant that the profile information you
submit is true and accurate and that you are 18 years of age or older and are fully able and
competent to enter into, and abide by the terms of this Agreement. The Site and the Service are
not intended for those under the age of 18. You represent and warrant that you do not find
pornographic materials offensive or indecent and that you will not allow any person other than
yourself to utilize your subscription.
You must register for and maintain a subscriber account to use the Service. In order to
subscribe, you must also enter a valid credit card number that is in your name, or that you are
otherwise authorized to use, and select a third party payment processor to process your credit
card transactions. When subscribing, you must provide accurate and complete information and
promptly update this information to keep it current. If you provide any information that is
inaccurate or incomplete, or we have reason to believe that the information is inaccurate or
incomplete, we may suspend or terminate your subscription and your use of the Service.
Your subscription entitles you to access the Service solely for personal, non-commercial use,
from a single computer at a time. You are solely responsible for all activities that occur
through your subscription account. You must not provide your username or password to anyone
else. Please notify us immediately of any unauthorized use of your account or any other breach
of security or the terms of this agreement.
When you subscribe to the Service, you will incur a monthly subscription fee at the rate
currently listed on the "Join" page of the Site. By subscribing to the Service, you authorize
PPVNetworks to bill your credit card during the registration process to charge the credit card
identified by you (which you represent and warrant that you are authorized to use) all
applicable fees for your subscription and any other purchases you make from PPVNetworks during
the term of your subscription, in United States dollars, including all applicable taxes. You
must comply with the terms established by the payment processor. Your subscription will
automatically renew for the length of time and at the then-current monthly membership rate that
is posted on the "Join" page of the Site for the plan you chose. You authorize PPVNetworks to
charge your credit card for the ongoing monthly subscription fees unless you cancel your
Expired or Refused Credit Card and Other Billing Issues
If PPVNetworks does not receive payment for your subscription for any reason, the balance will be
due in full immediately and PPVNetworks will suspend your account. You are solely responsible
for any and all fees charged to your credit card by the issuer, bank, or financial institution
including, but not limited to, membership, purchases, rentals, overdraft, insufficient funds,
and over the credit limit fees. PPVNetworks may attempt to collect a delinguent balance for up
to 6 months, after which, the account may be sent to a collection agency.
Merchant Credit Card Processing
This site is owned and run by PPVNetworks. Customers originating in the United States and Canada
will be billed by PPV Bill, 939 8th Avenue, New York, NY 10019, USA. Customers from other
countries will be billed by PPV Bill UK, 20 Exhibition House, Addison Bridge Place, London
W138XP, England. The descriptor that appears on credit card statements is "PPVBILL".
You must comply with all applicable laws when using the Service. Except as may be expressly
permitted by applicable law or authorized by us in writing, you will not, and will not permit
anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use
for any commercial purpose any content, or any portion of content, that is available on the
Service or utilize any tool or content furnished by PPVNetworks through the Service for any
purpose other than your personal end use; (b) use any automated tool to use the Service; (c)
make available your access to the Service to another person; (d) circumvent or disable any
digital rights management, usage rules, or other security features of the Site or Service; (e)
use the Site or Service in a manner that threatens the integrity, performance, or availability
of the Site or Service; or (f) remove, alter, or obscure any proprietary notices (including
copyright notices) on any portion of the Site, Service, or content that you download via the
Modifications to the Service
PPVNetworks reserves the right to modify or discontinue, temporarily or permanently, all or a
part of the Service without notice. Without limiting the generality of the foregoing,
PPVNetworks reserves the right to remove content from the site and from the scope of the Service
without notice, to edit or delete any user generated content or to discontinue any feature
allowing user generated content. We will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service or any feature thereof.
Your subscription renews as per the terms of your plan unless you cancel it or unless
PPVNetworks terminates your account as provided by under this Agreement. You may terminate your
subscription at any time via the My Membership page when you log in to the Service. When you
cancel your subscription, your account will terminate immediately. If you wish to use all of
your available membership then be sure to cancel a day before your renewal date. Termination of
your subscription is your sole right and remedy with respect to any dispute with us regarding
your subscription, the Site, the Service, or this Agreement. We may terminate your account at
any time for any reason by providing you with notice in any reasonable manner, including via
email and via notices posted on the Service. Your rights under this Agreement will terminate
automatically if you breach any part of this Agreement.
You will remain liable for all fees incurred during your subscription, even after your
subscription is terminated. PPVNetworks reserves the right to maintain your account in an active
past due state if there is an uncollected balance. PPVNetworks is not liable for any loss of
data or any other information caused by any termination of your subscription. Please see
"Disclaimer of Warranties" and "Limitation of Liability" below.
We, our affiliates, and our suppliers and licensors own all right, title, and interest,
including all intellectual property rights, in and to the Site, the content on the site and the
Service. Except for the limited license described in "The Site and Subscription Service" above,
no other rights are granted, either express or implied, to you.
As part of your subscription, you will have the ability to generate certain content through use
of the site. We may add additional features that allow you to generate content in the future.
You acknowledge and agree that you are not required to generate any content in order to use the
Service. You further acknowledge and agree that all content generated by you shall be the sole
property of PPVNetworks and that you have no right to any of the content you may generate while
using the Service. PPVNetworks shall in its sole discretion have the right to edit or delete any
content generated by you. PPVNetworks may use any content generated by you for any purpose,
commercial or otherwise, in its discretion, and you disclaim any ownership or right to any
profit associated with any such content. PPVNetworks reserves the right to discontinue any
features that allow the creation of user generated content at any time, without notice and
further reserves the right to curtail or suspend your ability to generate user generated content
at any time, without notice.
You represent and warrant to PPVNetworks that in generating any content in connection with the
Service, you will not generate any content that violates the intellectual property rights or
other rights of any third party. You agree to indemnify and hold PPVNetworks harmless for all
claims made against PPVNetworks in respect of violations by you of the foregoing representation
PPVNetworks respects the intellectual property rights of others. If you believe that your work
is available on the Site or Service in a way that constitutes copyright infringement, please
contact PPVNetworks at the address below and provide the following information: (1) an
electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest; (2) a description of the copyrighted work that you claim has been infringed,
and identification of the time(s) and date(s) the material that you claim is infringing was
displayed on the Service; (3) your address, telephone number, and email address; (4) 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 (5) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
PPVNetworks's designated agent for notice of copyright infringement can be reached at:
Attention: Copyright Compliance Officer
228 Park Ave S, Unit 40543
New York, NY 10003
Unauthorized Use of Content
Content on this site is licensed from VideoApp Inc, who in turn has ownership and/or licensing
agreements with the respective producers.
Using high-tech digital countermeasures, Video App polices the internet for illegal unauthorized
use of content it manages. The penalties for unauthorized use of content are as follows:
$499 per filesharing violation
Up to $175,000 per commercial violation
While Video App is entitled to monetary damages from the infringing party under 17 U.S.C.
Section 504, Video App believes that it may be advantageous to settle these matters without the
need of time-consuming and costly litigation.
Violators will be notified and asked to cease and desist within 72 hours, and to remove all
unauthorized content from the internet. Failure to comply may incur further violations.
If you provide feedback to us regarding the Site or the Service ("Feedback"), you authorize us
to use that Feedback without restriction and without payment to you. Accordingly, you hereby
grant to us perpetual and irrevocable license to use the Feedback for any purpose.
YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR
YOUR SUBSCRIPTION, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PPVNetworks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY
CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM
THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM PPVNetworks OR THROUGH OR FROM THE SITE OR SERVICE WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A
DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
PPVNETWORKS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PPVNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF
THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR YOUR USE OF THE PAYMENT
PROCESSOR YOU CHOOSE TO PAY FOR YOUR SUBSCRIPTION. UNDER NO CIRCUMSTANCES WILL PPVNetworks'S
TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE
FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE,
EXCEED THE GREATER OF THE AMOUNT PAID BY OR ON BEHALF OF YOU TO PPVNETWORKS IN THE 12 MONTHS
PRECEDING THE EVENT FROM WHICH THE CLAIM AROSE, OR $50. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE
PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PPVNetworks TO YOU AND IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS
SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER
You will defend, indemnify and hold PPVNetworks, and its subsidiaries, affiliates, officers,
agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and
liability arising out of your use of the Site, Service, or your violation of this Agreement.
Links to Third Party Sites
The Site may contain links to sites that are controlled by third parties. Those linked sites are
not controlled by PPVNetworks and you acknowledge that PPVNetworks is not responsible for any
content on any linked site. PPVNetworks provides links as a convenience only, and the inclusion
of any link does not imply endorsement by PPVNetworks of any linked site.
Updates to this Agreement
We may occasionally update this Agreement. When we do, we will revise the "last updated" date on
the Agreement, and you may view the most current version here. It is your responsibility to
review the most recent version of the Agreement frequently and remain informed about any changes
to it. By continuing to use the Site or to subscribe to the Service, you consent to any updates
to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises
the entire agreement between you and PPVNetworks regarding the Site and the Service.
PPVNetworks's failure to act in a particular circumstance does not waive its ability to act with
respect to that circumstance or similar circumstances. PPVNetworks will have no liability to you
for any failure or delay in the performance of its obligations under this Agreement on account
of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions,
earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any
other cause that is beyond PPVNetworks's reasonable control.
By using the Service, you consent to receiving electronic communications from PPVNetworks. These
communications will include notices about your subscription and information concerning or
related to the Service. You agree that any notice, agreements, disclosure or other
communications that we send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
This Agreement is governed by the laws of the Nevis, excluding conflicts of law principles. Any
legal actions against us must be commenced within one year after the claim arose. You
irrevocably consent to the exclusive jurisdiction of the courts located in Nevis.
If you have any questions or concerns about this Agreement or the Site or Service, please send
us a thorough description by email to email@example.com.