24. Access to Video and Related Digital Media
The Sites offer you the opportunity to purchase rights to access and view video and other digital media (“Digital Content”) via a Compatible Device (“Video Service”). The Video Service is intended to make such content available only through streaming and not through a download.
In order to be able to stream Digital Content from the Video Service and to view Digital Content on the Service, 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 Service (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.
The Video Service may allow you to: (i) rent Digital Content for viewing over a limited period of time ("Rental Digital Content"), (ii) purchase Digital Content for viewing over an indefinite period of time ("Purchased Digital Content"), (iii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period ("Subscription Digital Content"), (iv) access Digital Content on a free or promotional basis for viewing over a limited period of time ("Free Digital Content") or (v) access Digital Content for a fixed number of viewings (Limited Views Content). Digital Content may be available on the Service as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, Limited Views Content or any combination of those. The basis on which Digital Content is available on the Video Service may change from time to time in our discretion.
Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content, and your compliance with all other terms we specify for Digital Content or the Video Service, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited viewing period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content (or any access codes allowing your access to the Digital Content) from your Compatible Device after the end of its viewing period, and you consent to such automatic removal.
When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital 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 Digital 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 Digital Content you will receive when streaming, even if you have paid extra for access to high definition content.
You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not:
- sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
- remove any proprietary notices or labels on the Digital Content;
- attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service or attempt to capture, copy or download an Digital Content; or
- use the Video Service or Digital Content for any commercial or illegal purpose.
We may make available to you, from time to time, software for your use in connection with the Service (any and all such software, individually and collectively, the "Software"). You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. In order to keep your Software up-to-date, we may automatically update/upgrade the Software on your Compatible Device.
You understand that by using the Video Service, you 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. Nevertheless, you agree to use the Service at your sole risk, and we shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that we do not guarantee their accuracy.
We reserve the right to modify, suspend, or discontinue the Video Service, or any part thereof, at any time and without notice to you, and we will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.