Moviery

Moviery.com / Terms and Conditions
This website (the "Site") is made available to you by Moviery ("Moviery"). Your access to and use of this Site is strictly subject to these Terms and Conditions of Use. By accessing this Site, the user ("YOU") agrees to be unconditionally bound by these Terms and Conditions of Use. Moviery may, at any time and at its sole discretion, modify this Site or these Terms and Conditions of Use, including, without limitation, the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Conditions of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use or to any modification thereof, you must immediately stop using this Site and/or immediately cancel your subscription, if applicable.

Subscription

To subscribe to the Moviery (the "Service"), you must provide Moviery with your complete name, e-mail address and credit or debit card number (the card you selected hereinafter referred to as your "Payment Card" The Service requires an Internet connection and will operate only on the hardware and software platforms specified on this Site. It is your responsibility to ensure that you have the appropriate software, hardware and an Internet connection to operate the Service. Moviery reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

Persons Under the Age of 18

All materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that Moviery and/or its affiliates and subsidiaries make generally available (the "Site Content") or make available only to registered users of this Site pursuant to a fee-based license in virtue of the "Premium Content" section below (the "Premium Content"), are intended only for persons over the age of eighteen (18). (The Site Content and Premium Content shall be collectively referred to as the "Download Content"). As such, in order to register for the Service and/or obtain any of the Premium Content available through the Service, you hereby represent and warrant that you are eighteen (18) years of age or older.

Payment

There are three (3) types of memberships: 2 weeks; 1 month; and 3 months membership. Your Payment Card will be charged with non-recurring onetime payment corresponding to the membership plan you have selected. You are solely responsible for any and all fees charged to your Payment Card by the relevant issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Moviery will charge you for all applicable taxes, including, without limitation, any applicable state, provincial, federal and local taxes.

Term

The Moviery membership term commences on the date you sign up for Moviery membership and is valid for period of time with respect to selected membership plan.

Promotional Offers

From time to time, Moviery may offer a reduced membership fee for the Service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory promotional offer for new customers, at the time of registration for the Service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Card for each manual renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and the duration of the promotional price, may vary from time to time. The details of any offer not covered in these Terms and Conditions of Use will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership subscription process.

Price and Availability

The Service and any other products and services offered or referred to on this Site are subject to the availability of such Service, products and services. Furthermore, the availability for purchase of product types or individual products is subject to change by Moviery, in its sole discretion, at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available for purchase, on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.

License to Retained Content

Upon payment of the Membership Fee, Moviery will grant you a non-exclusive, non-transferable, limited right and license under copyright to create and retain a permanent copy of the Retained Content and to view, use and privately display in your Residence or for Permitted Non Residential Use, the Retained Content purchased by you, subject to the following rules:
· You may retain a permanent copy of the Retained Content on the hard drive of your personal computer (or other device specifically authorized by Moviery) to which the Retained Content is initially delivered via a connection to the Service over the Internet.
· You may make a single back-up copy of the Retained Content on removable media (e.g., recordable DVD) in the same format as the original downloaded file to play on the single computer to which it was initially delivered.
Moviery may determine from time-to-time, in its sole discretion, those devices that are compatible to receive a license to view the Retained Content. Any rights granted to you hereunder (or on the Site at the time of purchase) to make and keep any copies of the Retained Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content. You are solely responsible for retaining a permanent copy of the Retained Content. If the Retained Content that you purchase does not download and play correctly, please contact Customer Service at https://www.moviery.com/support/ and we will endeavor to resolve the problem. Once you have successfully downloaded a copy of the Retained Content, Moviery will not replace the Retained Content if you are unable to play it or if you lose the Retained Content, including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Retained Content does not play for any other reason. You agree and acknowledge that you shall not acquire any ownership rights by downloading any Retained Content from the Service, and the license granted to you as set forth in these Terms and Conditions of Use does not transfer or grant any ownership rights to you, nor act as waiver any rights of Moviery, its licensors or the copyright owners with respect to any Retained Content. You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the Retained Content, or use the Retained Content in any manner other than as set forth above or as otherwise stated on the Site at the time you purchased the Retained Content. Any additional usage rules set forth on the Site shall become part of, and are incorporated into, these Terms and Conditions of Use.

Your Obligations


In providing registration and transactional information to Moviery, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Moviery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Moviery has the right to suspend or terminate your account and refuse any and all current or future use of the account. In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) post excessive responses to interactive features or functions of this Site; or (f) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of e mail repeatedly to the same e mail address). You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libellous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors. To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law. To the extent that any of the following activities materially interfere with this Site or the network and systems of Moviery or one of its service provider, you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (c) interfere with, disrupt, or harm in any way the servers or networks connected to this Site; (d) use this Site to access the accounts of others without permission; (e) attempt to penetrate security measures of this Site or of another entity, or obtain or bypass others passwords; or (f) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic. You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Service, or (ii) use the Service or Download Content for any commercial purpose. If you violate these Terms and Conditions of Use, including your obligations pursuant to this section entitled "Your Obligations", Moviery may, at its sole discretion, suspend or terminate your account, and terminate your access to the Service, with or without notice to you; in such case you agree to destroy any copy of Download Content that you have in your possession. Furthermore, Moviery may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Terms and Conditions of Use or its (or its licensor's) rights under law.

Consent to Electronic Communications

You consent to receive communications from Moviery about your Moviery membership electronically, either by e-mail or by notices posted on this Site, as determined by Moviery in its sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by Moviery in writing is satisfied by such electronic communication. You agree that Moviery may send you e-mails which include notices about your account as well as information pertaining to the Service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with Moviery.

Reliance on Information

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered.

Privacy Policy

Moviery personal information practices are governed by Moviery privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of thirteen (13).

Links

This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Moviery or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Unsolicited Submission Policy

Moviery does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.

Managing Your Password and Your Account

You are solely responsible for managing your password and for keeping your password confidential. No one from Moviery will be authorized to provide your password. If you have forgotten your password, click on the "Forgot Password?" link at the top of the screen. Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your Moviery account. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Moviery copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Moviery and its affiliates that your copyrighted material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number, and e-mail address;
· 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;
· 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. Moviery Copyright Administrator for notice of claims of copyright infringement on this Site can be reached at copyright@moviery.com.

Intellectual Property

The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Moviery or its licensors and are protected by copyright, trademark and other intellectual property laws. Moviery name, design and related marks are trademarks of Moviery © 2024 Moviery. All rights reserved. Moviery hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Moviery . Use of Materials is only permitted with the express written permission of Moviery and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this Site. The Download Content provided by Moviery or third parties through the Service is the property of Moviery and/or its subsidiaries and its licensors. Title, ownership rights and intellectual property rights in and to such Download Content is the property of either Moviery or third-party content owners or copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, these Terms and Conditions of Use give you no express or implied license or right to the Download Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Download Content. The Download Content provided by Moviery is for personal, non-commercial use only. Moviery does not condone unauthorized copying, distribution or other infringement of protected intellectual property of Moviery or of third parties.

Disclaimer of Warranties

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. IDEAL Moviery MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, Moviery DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL Moviery, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT Moviery HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

Indemnification

You agree to fully indemnify and hold harmless Moviery and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site, including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.

Access to Your Moviery Online Account

If you opt for the "Remember me" feature for your Moviery account, a cookie helps Moviery recall certain items of your specific information on subsequent visits, including your user name and password. When you return to Moviery, the information you previously provided can be retrieved, so that it is not necessary to enter your user name and password to access certain functionality. While cookies are a convenience, please remember that if you elect the "Remember Me" option, anyone who can access the computer you are using will have the ability to access your account for certain functions and view certain information about your account, including viewing and making changes to your rental queue. Certain functions, such as accessing your complete Payment Card information, cannot be viewed through the use of cookies.

Language

You agree that these Terms and Conditions of Use, the Service and all communications with Moviery shall be in the English language. / Vous confirmez que c'est votre volont? expresse que les Termes et conditions d'emploi, le Service et toute communication avec Moviery soient en anglais.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and Moviery with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto.

No Waiver

No failure by Moviery or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.

Refunds

Moviery will refund you 100% of your money or part of your payment with further changing of subscription plan in case you're not satisfied with the services of the Site with the exception of the conditions mentioned below:
– There are no more than 30 calendar days passed after the date of payment
– You have subscribed in order to purchase only 1 movie
To initiate a refund please forward your request to refund@moviery.com with a detailed explanation why the refund should be made. We will process the refund within 48 hours.
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