I. Grant of Rights.
II. Individual Streaming.
Allows a single Subscriber to watch streaming videos via the Website. If you are renting the video for use by more than one person, you will need to order an Institutional/Group subscription license (see Section III). Access to the videos may be terminated if Subscriber is found to be in violation of these terms and conditions, or upon the termination of the EMFLC Streaming service.
III. All Access Subscriptions.
Allows one Subscriber or authorized Users of an Institutional/Group Subscriber, to watch all available streaming videos on EMFLC, unless otherwise excluded and specified on the Website. All persons viewing Content in a group setting (such as a classroom) must be authorized Users of an Institutional Subscription/Group license. Institutional Subscription/Group streaming licenses can be purchased for individual film titles or All Access to the EMFLC, and term will last for the amount of time as indicated on the Agreement (typically 90 or 365 days). The price of an Institutional Subscription/Group license is based on the number of potential Users connected to the Institution (typically University FTE). Expressive Media monitors Subscriber/User usage levels and reserves the right to terminate access to Subscribers who, in the sole opinion of Expressive Media, have more Users accessing the Content than are allowed by the Agreement. It is the responsibility of the Subscriber to notify Expressive Media if the number of Users associated with their account changes.
IV. Permitted and Prohibited Uses.
a. Downloading of Content. Subscriber/Users may download printed material associated with any films included in their Agreement. Such downloading shall be for individual Subscriber/User convenience only, and Subscriber/Users may not (1) download any other digital media Content, (2) create distribution “libraries”, or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party who is not also a Subscriber/User.
b. Dissemination of Content. In the course of using any Content as permitted hereunder, Subscriber and/or its Users may not make the Content, or any part thereof, available to any party who is not a Subscriber or a User.
c. Prohibited Uses. Except as expressly set forth herein, neither Subscriber nor the Users may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website, the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Website or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s or the Content’s control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Website, the Content, or Expressive Media and any of its in-person or online projects, or in any manner that Expressive Media may, in its sole discretion, deem inappropriate.
IV. Compatible Devices.
In order to be able to stream or download Content from the Website and to view Content on the Website, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the EMFLC (each such device, a “Compatible Device”). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
V. Video Quality.
When you stream Content, the resolution and quality of the Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high-quality viewing experience, we make no guarantee as to the resolution or quality of the Content you will receive when streaming. Additionally, archival footage, a major proportion of the EMFLC, is subject to the nature of the original media and its subsequent digital reproduction. Many, but not all, of these items can be previewed on the public Website prior to entering into an Agreement.
As between Subscriber, the Users, and EMFLC, the Website, and the Content are the property of Expressive Media, and are protected by United States and international copyright and trademark law. By using the Website and the Content, even as permitted hereunder, neither Subscriber nor any of its Users gain any ownership interest in the Website or the Content.
VII. Security and Use of Passwords [Not Applicable to Subscriptions].
Each Subscriber and User shall have a valid username and password for the purpose of accessing the Website and the Content (the “Login Information”). Subscriber and its Users must keep all Login Information strictly confidential, and all Login Information may be used only by the assigned Subscriber or User. Subscriber and/or its Users are responsible for maintaining the security and confidentiality of all Login Information, and for preventing access to the Website and/or the Content by unauthorized persons using a User’s Login Information. Unauthorized access to or use of the Website and/or the Content by someone using a User’s Login Information may be attributed to such User.
VIII. Communications from Expressive Media.
Expressive Media may periodically contact Subscriber/Users for customer service purposes. By accessing the Website and the Content, Subscriber/Users consent to receive such communications. Subscriber shall promptly provide Expressive Media with any and all information regarding its Users and/or use of the Website and the Content by its Users that Expressive Media reasonably requests. Subscriber agrees that Expressive Media is authorized to reference its business relationship with Subscriber in its marketing or sales materials.
X. Termination of the Agreement; Effect of Termination or Expiration
Upon expiration or prior termination of the Agreement, all rights granted herein shall revert to Expressive Media, all access to and use of the Website and the Content by Users must cease.
XI. No Warranties; Limitation of Liability.
The Website and the Content are provided as is, and all warranties of any kind, past or present, whether statutory, common-law or from a course of dealing or usage of trade, including without limitation implied warranties of merchantability, fitness for a particular purpose, security and, except as may be otherwise stated in this agreement, non-infringement, are expressly disclaimed to the fullest extent permitted by law. Expressive Media does not guarantee or make any representations regarding the use or accuracy of the Website or the Content except as stated in any user agreement. No oral or written information or advice given by Expressive Media or its employees shall create a warranty or in any way increase the scope of Expressive Media’s obligations hereunder, and Subscriber or User may not rely on any such information or advice. In no event shall Expressive Media be liable for any lost data, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of the theory of liability.
Subscriber and Users release and waive all claims against Expressive Media, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of Subscriber’s or User’s use of the Website and the Content.
All representations, warranties, and indemnities shall survive the expiration or prior termination of the Agreement.
XIV. Explicit Content.
Subscriber understands that by using the Website, Subscriber and Users may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Expressive Media shall have no liability for content that may be found to be offensive, indecent or objectionable. In archival Content, this includes terminology and parlance no longer deemed acceptable or “correct” in the current social/political/cultural environment.
XV. Modification of Service.
Expressive Media reserves the right to modify, suspend, or discontinue EMFLC Streaming, or any part thereof, at any time and without notice to you, and Expressive Media will not be liable to you should it exercise such rights, even if your use of Content is impacted by the change, except to refund the pro rata portion of the license term provided in the context of an Institutional/Group license.
You must be eighteen (18) years old to be a Subscriber or otherwise have the legal capacity to enter into a contract, and all Users must be at least sixteen (16) years old. Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party’s reasonable control shall not be a breach hereof.
Any controversy or claim between the parties, whether or not arising out of or related to this Agreement or any breach thereof, shall be settled by a single arbitrator in an arbitration proceeding administered by The McCammon Group and held in Alexandria, Virginia under the arbitration rules of the McCammon Group then in effect. The arbitrator’s decision shall be final, and judgment on the decision may be entered in any court having jurisdiction and otherwise enforced pursuant to processes available under governing law. The arbitrator shall award a party who substantially prevails in any controversy its reasonable attorney’s fees, expenses, and costs.
User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof. Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.