ReSee Movies Terms of Use

Effective From March 21st, 2023

Introduction

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) ReSee Movies’s personalized watchlist service and other forms of content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “ReSee Movies Platform”) and any other material that is made available such as trailers, music, still images, videos, etc, through the ReSee Movies Platform (the “Content”).

Use of the ReSee Movies Platform may be subject to additional terms and conditions presented by ReSee Movies, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the ReSee Movies Platform, you agree to these Terms. If you do not agree to these Terms, then you must not use the ReSee Movies Platform or access any Content.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Service Provider

These Terms are between you and ReSee Movies, LLC, 3858 N Beverly Hills Dr, Toledo, OH 43614.

Age and eligibility requirements

BY USING THE ReSee Movies Platform, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the ReSee Movies Platform and access any Content, including promotional giveaways, you represent that: your location, and any registration and account information that you submit to ReSee Movies is true, accurate, and complete, and you agree to keep it that way at all times.

The ReSee Movies Platform Provided by Us

ReSee Movies Platform options

We provide numerous ReSee Movies Platform options, including but not limited to a free-to-use watchlist service, the ReSee Movies Demand Dashboard, and other tools created by ReSee Movies. Certain ReSee Movies Platform options are provided free-of-charge, while other options may require payment before they can be accessed (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Third-Party applications, devices and open source software

The ReSee Movies Platform may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. ReSee Movies does not guarantee that Third-Party Applications and Devices will be compatible with the ReSee Movies Platform.

Service limitations and modifications

We use reasonable efforts to keep the ReSee Movies Platform operational and to provide you with a seamless, enjoyable experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

  • The ReSee Movies Platforms may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
  • We aim to evolve and improve the ReSee Movies Platform constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the ReSee Movies Platform (including particular functions, features, subscription plans, and promotional offerings);
  • ReSee Movies has no obligation to provide any specific content through the ReSee Movies Platform, and ReSee Movies or the applicable owners may remove particular films, videos, songs, articles, and other Content without notice.

If you have prepaid fees directly to ReSee Movies for a Paid Subscription that ReSee Movies permanently discontinues prior to the end of your Pre-Paid Period, ReSee Movies will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

ReSee Movies has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Your Use of the ReSee Movies Platform

Creating a ReSee Movies account

You may need to create a ReSee Movies account to use all or part of the ReSee Movies Platform. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

ReSee Movies may reclaim, or require you to change, your username for any reason.

Your rights to use the ReSee Movies Platform

Access to the ReSee Movies Platforms

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the ReSee Movies Platform and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or ReSee Movies. You agree that you will not redistribute or transfer the ReSee Movies Platform or the Content.

The ReSee Movies software applications and the Content are licensed, not sold or transferred to you, and ReSee Movies and its licensors retain ownership of all copies of the ReSee Movies software applications and Content even after installation on your Devices.

ReSee Movies’ Proprietary Rights

The ReSee Movies Platform and the Content are the property of ReSee Movies or ReSee Movies’ licensors. All ReSee Movies trademarks, service marks, trade names, logos, domain names, and any other features of the ReSee Movies brand (“ReSee Movies Brand Features”) are the sole property of ReSee Movies or its licensors. These Terms do not grant you any rights to use any ReSee Movies Brand Features whether for commercial or non-commercial use.

You agree to abide by the below “User Guidelines” and not to use the ReSee Movies Platform, the Content, the Services, or any part thereof in any manner not expressly permitted by these Terms:

User Guidelines

The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:

  1. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without ReSee Movies’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;
  2. copying, reproducing, redistributing, “ripping,” recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights;
  3. importing or copying any local files that you do not have the legal right to import or copy in this way;
  4. transferring copies of cached Content from an authorized Device to any other Device via any means;
  5. “crawling” or “scraping”, whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information;
  6. selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;
  7. selling or re-selling a user account, ReSee List, promotional items, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account; or
  8. artificially increasing ReSee List requests Favorites Lists, artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
  9. circumventing any technology used by ReSee Movies, its licensors, or any third party, including any territorial or other content access restrictions applied by ReSee Movies or its licensors;
  10. circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
  11. removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
  12. deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user’s express consent; or
  13. providing your password to any other person or using any other person’s username and password.

Please respect ReSee Movies, the owners of the material and content on the Services, and other users of the Services. Don’t engage in any activity, post any User Content, or register or use a username, which is or includes material that:

  1. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of ReSee Movies or a third party, or would violate any agreement to which you are a party, such as, by way of example and not limitation, exclusive editorial content or a publishing agreement;
  2. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  3. exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
  4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the ReSee Movies Service;
  5. impersonates or misrepresents your affiliation with ReSee Movies (including, for instance, by using ReSee Movies’s copyrighted content, using the ReSee Movies logo without permission, or otherwise using ReSee Movies trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  6. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  7. unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
  8. unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by ReSee Movies;
  9. interferes with or in any way disrupts the ReSee Movies Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the ReSee Movies Service or ReSee Movies’s computer systems, network, usage rules, or any of ReSee Movies’s security components, authentication measures or any other protection measures applicable to the ReSee Movies Service, the Content or any part thereof;
  10. conflicts with the ReSee Movies Terms and Conditions of Use or any other terms or policies applicable to your use of any of the Services; or
  11. has been removed from any of our services for a breach of our terms or policies, such as a prohibited film or celebrity. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.

Payments and cancellation

Billing

You may purchase a Paid Subscription directly from ReSee Movies or through a third party either by:

  • paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
  • pre-payment giving you access to the ReSee Movies Platform for a specific time period (“Pre-Paid Period”).

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the ReSee Movies Platform in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription. 

Price and tax changes

ReSee Movies may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the ReSee Movies Platform after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to ReSee Movies or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team at [email protected] for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient pre-paid balance to pay for the ReSee Movies Platform.

User guidelines

We’ve established guidelines for using the ReSee Movies Platform, to make sure the ReSee Movies Platform stays enjoyable for everyone (“ReSee Movies User Guidelines”). In using the ReSee Movies Platform, you must comply with the ReSee Movies User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Group accounts

If you establish a ReSee Movies account on behalf of a group, company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”), the terms “you” and “your,” as used throughout these Terms (including other ReSee Movies terms and conditions incorporated by reference herein), apply to both you and the Brand.

If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable ReSee Movies terms and conditions) and to bind the Brand to these Terms. You also represent and warrant that the size of the group will be properly reported and maintained in the demographic information section, so as to not skew ReSee data.

A Brand may follow users and create and share watchlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, filmmaker, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. Brands must use their legal company or stylized brand name in their profile and username, so that users can know which endorsements come from brands. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, creatives, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

Export control and sanctions

ReSee Movies’ products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from ReSee Movies under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

Content and Intellectual Property Rights

User Content

The content you post on the ReSee Movies Platform

ReSee Movies users may post, upload, or otherwise contribute content to the ReSee Movies Platform (“User Content”) and online community portals. For the avoidance of doubt, “User Content” includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the ReSee Movies Platform and affiliated community portals.

You are solely responsible for all User Content that you post.

You promise that, with respect to any User Content you post on ReSee Movies, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by ReSee Movies pursuant to the license granted below, does not: (i) violate these Terms, including the ReSee Movies User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by ReSee Movies or any artist, creative, company, or other individual or entity without the prior express written consent from ReSee Movies or such individual or entity.

In posting or sharing User Content or other information on the ReSee Movies Platform, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the ReSee Movies Platform and across the web, so please use caution in posting or sharing on the ReSee Movies Platform, and be mindful of your account settings. ReSee Movies is not responsible for what you or others post or share on the ReSee Movies Platform.

Monitoring user content

ReSee Movies may, but has no obligation to, monitor or review User Content. ReSee Movies reserves the right to remove or disable access to any User Content for any or no reason. ReSee Movies may take these actions without prior notification to you.

Licenses that you grant to us

User Content

You retain ownership of your User Content when you post it to the ReSee Movies Platform. However, in order for us to make your User Content available on the ReSee Movies Platform, we do need a limited license from you to that User Content. Accordingly, you hereby grant to ReSee Movies a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the ReSee Movies Platform. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback and online community activity, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the ReSee Movies Platform or any Content (“Feedback”), such Feedback is not confidential and may be used by ReSee Movies without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device

You also grant to us the right (1) to allow the ReSee Movies Platform to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the ReSee Movies Platform, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

Content experience

In any part of the ReSee Movies Platform, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including ReSee Movies’ agreements with third parties.

Some Content licensed by, provided to, created by, or otherwise made available by ReSee Movies (e.g., podcasts or shows) may incorporate advertising or other promotional messages.

Infringement claims

ReSee Movies respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the ReSee Movies Copyright Policy.

Customer Support, Information, Questions, and Complaints.

Customer support, information, questions, complaints

For customer support with account and payment related questions (“Customer Support Queries”), please contact us at [email protected].

If you have any questions concerning the ReSee Movies Platform or these Terms (including any additional ReSee Movies terms and conditions incorporated herein), please contact ReSee Movies Customer Service by visiting the About Us section of our website. You may also contact us at the mailing address set forth in the “Service Provider” section at the start of these Terms.

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Problems and Disputes

Suspending and terminating the ReSee Movies Platform

These Terms will continue to apply to you until terminated by either you or ReSee Movies. ReSee Movies may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the ReSee Movies Platform at any time if we believe you have breached any of these Terms, if we stop providing the ReSee Movies Platform or any material component thereof, or as we believe necessary to comply with applicable law. If you or ReSee Movies terminate these Terms, or if ReSee Movies suspends your access to the ReSee Movies Platform, you agree that ReSee Movies shall have no liability or responsibility to you, and (except as expressly provided in these Terms) ReSee Movies will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the ReSee Movies Platform. To learn how to terminate your ReSee Movies account, email [email protected]

The following sections shall survive termination: Sections 2 (The ReSee Movies Platform Provided by Us), 3 (Your Use of the ReSee Movies Platform) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

Warranty disclaimers

THE RESEE MOVIES PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, RESEE MOVIES AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER RESEE MOVIES NOR ANY OWNER OF CONTENT WARRANTS THAT THE RESEE MOVIES PLATFORM OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, RESEE MOVIES MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE RESEE MOVIES PLATFORM OR ANY HYPERLINKED WEBSITE, AND RESEE MOVIES IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM RESEE MOVIES SHALL CREATE ANY WARRANTY ON BEHALF OF RESEE MOVIES. WHILE USING THE RESEE MOVIES PLATFORM, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

Limitation of liability and time for filing a claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE RESEE MOVIES PLATFORM IS TO UNINSTALL ANY RESEE MOVIES SOFTWARE AND TO STOP USING THE RESEE MOVIES PLATFORM. YOU AGREE THAT RESEE MOVIES HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE RESEE MOVIES PLATFORM, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO RESEE MOVIES, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL RESEE MOVIES, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE RESEE MOVIES PLATFORM, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER RESEE MOVIES HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE RESEE MOVIES PLATFORM, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO RESEE MOVIES DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR $30.00.

For clarification, these Terms do not limit ReSee Movies’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and ReSee Movies, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an “App”) from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and ReSee Movies only, not with Apple, and Apple is not responsible for the ReSee Movies Platform and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the ReSee Movies Platform. In the event of any failure of the ReSee Movies Platform to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the ReSee Movies Platform. Apple is not responsible for addressing any claims by you or any third party relating to the ReSee Movies Platform or your possession or use of the ReSee Movies Platform, including: (1) product liability claims; (2) any claim that the ReSee Movies Platform fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the ReSee Movies Platform or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the ReSee Movies Platform. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Indemnification

You agree to indemnify and hold ReSee Movies harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional ReSee Movies terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the ReSee Movies Platform; and (4) your violation of any law or the rights of a third party.

Governing law, mandatory arbitration and venue

Governing law and jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regard to California’s choice or conflicts of law principles. Further, you and ReSee Movies agree to the jurisdiction of the federal and state courts located in Northern California, California, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the ReSee Movies Platform that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

ARBITRATION AGREEMENT

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and ReSee Movies will be resolved through arbitration (“Arbitration Agreement”).

Dispute resolution and arbitration

You and ReSee Movies agree that any dispute, claim, or controversy between you and ReSee Movies arising in connection with or relating in any way to these Terms or to your relationship with ReSee Movies as a user of the ReSee Movies Platform (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and ReSee Movies further agree that the arbitrator shall have the exclusive power to rule on their own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

Exceptions

You and ReSee Movies both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No class Or representative proceedings; class action waiver

YOU AND RESEE MOVIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ReSee Movies agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and ReSee Movies will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and ReSee Movies agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org.

Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, ReSee Movies will reimburse you for that filing fee, unless your claim is for greater than US $1,000, in which case you will be responsible for the filing fee. ReSee Movies will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA Rules or court order. 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.

Notice; process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to [email protected]. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or ReSee Movies may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or ReSee Movies shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of ReSee Movies’s last written settlement offer, then ReSee Movies will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the ‘Governing law and jurisdiction’ section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.

About These Terms

Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional ReSee Movies terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable ReSee Movies Platform (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the ReSee Movies Platform following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the ReSee Movies Platform under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and ReSee Movies, these Terms constitute all the terms and conditions agreed upon between you and ReSee Movies and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the ReSee Movies Platform are incorporated herein by reference.

Severability and waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by ReSee Movies or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive ReSee Movies’ or the applicable third-party beneficiary’s right to do so.

Assignment

ReSee Movies may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.