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baddog · 05-23-2006, 09:40 AM

Quote:

Originally Posted by p1mpdogg

so moviepass clearly states the terms of thier service

yeah, pretty clearly
http://moviepass.tv/?section=terms

MoviePass welcomes you! MoviePass offers an application known as MediaPipe (the 'Software') via the Website Moviepass.tv. By accepting the Free Trial offer and downloading the Software you will have free use of the Software during the trial period. You are only entitled to one free trial per computer. Prior to installing or using the current version of the Software you must first agree to the terms and conditions for use ('Terms of Service' or 'TOS'), the end-user license agreements below and any agreements that are displayed during installation ('Agreement(s)'). These TOS and Agreement(s) are legally binding contracts that should be read in their entirety. The installation is via a web-based download process. If you click on the Run or the ?Yes? button and thereby begin the installation, you acknowledge that you have read, understood, and agree, to be bound by these terms, the end-user license agreements, and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you click on the Cancel or the ?No? button, you are not granted a license to install andor use any of the Software.

1. ACCEPTANCE OF TERMS.
MoviePass provides its services to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting Moviepass.tv and clicking on the Terms and Conditions link at the bottom of the page. The Software and any and all resulting services are not intended for use by or available to persons under the age of twenty-one (21) living in the United States. IF YOU ARE UNDER18 YEARS OF AGE AND LIVE IN THE UNITED STATES, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APPLICATION OR THE SERVICES.

You acknowledge and agree that neither MediaPipe nor MoviePass is liable or responsible to you or any third party for the Software, or your use of the Software, including any third party software that you may use or access while using the Services. Neither MediaPipe nor MoviePass accepts liability for, or makes any representations, warranties or conditions regarding the Software, including without limitation, the Software's accuracy, suitability for a particular purpose, merchantable quality, whether it is free or will remain free, or otherwise. You bear the entire risk and cost associated with the use of the Software, including impaired performance of the Services or your computer if you install (or choose not to install) any of the Software. Obligations of MediaPipe or MoviePass hereunder, if any, are several and not joint. You acknowledge that the privacy policies of MediaPipe and MoviePass do not extend to information collected by third parties while you are on a third party web site. You agree that you are responsible for reviewing and consenting to any third party privacy policies before disclosing personal information to such third party. You agree that MediaPipe and MoviePass and the other licensors contemplated by this agreement may use or implement session cookies or persistent cookies to help you successfully complete the installation process. Session cookies are used only during the installation process and may override certain of your Internet browser settings. The session cookies are removed upon completion of the registration and installation process. A session cookie for purposes of this agreement is generally defined as a cookie with a small piece of text that is sent to your browser when you access a web site or server. The session cookie will be stored temporarily in your computer's RAM (random access memory). It is cancelled when you close your browser and the session is ended. The session cookie may be written to the temporary folders or cached on your computer, but will not permanently overwrite the browser or control settings on your computer. A persistent cookie for purposes of this agreement is generally a cookie with a small piece of text that is sent to your browser when you access a web site or server and is stored on your computer's disk.

In exchange for receiving the benefits provided by the Software, you hereby grant MoviePass permission to utilize the disk space and bandwidth of your computer. Due to the ever-changing nature of media players, browsers, and other software distributed on the Internet, MoviePass has included an auto update feature to ensure that you have the most recently released version of the Software. You consent to such automatic updates and installations of new MoviePass properties and agree that these TOS will apply to all such updates. Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new MoviePass properties, shall be subject to the terms of the License herein.

2. HOW IT WORKS
BY PARTICIPATING IN THE MOVIEPASS MEDIAPIPE FREE TRIAL OFFER THE MEDIAPIPE SOFTWARE WILL ENABLE YOU TO ACCESS THE AVAILABLE CONTENT FOR THE PERIOD OF TIME SPECIFIED ON THE ADVERTISMENT YOU HAVE CLICKED THROUGH. IF YOU DO NOT EITHER CANCEL OR PROVIDE PAYMENT INFORMATION DURING THE TRIAL PERIOD OUR BILLING SOFTWARE WILL BE ENABLED UPON THE EXPIRATION OF YOUR TRIAL PERIOD. THE BILLING SOFTWARE WILL RUN ON YOUR COMPUTER, DISPLAYING POP-UP WINDOW REMINDERS THAT PROVIDE YOU WITH VARIOUS METHODS OF PAYMENT FOR THE ANNUAL LICENSE. THESE POP-UP WINDOWS WILL APPEAR MORE FREQUENTLY UNTIL YOU CHOOSE ONE OF THE PAYMENT OPTIONS AND PAY FOR THE LICENSE. THE BILLING SOFTWARE IS SOLELY DESIGNED TO PREVENT FRAUDULENT AND UNAUTHORIZED USE OF THE MEDIAPIPE SOFTWARE. IF YOU FAIL TO PAY OR CANCEL DURING THE TRIAL PERIOD, YOU ARE LEGALLY OBLIGATED TO PURCHASE AN ANNUAL LICENSE TO THE MEDIAPIPE SOFTWARE AT THE PRICE LISTED IN THE ADVERTISEMENT YOU CLICKED THROUGH TO INITIATE INSTALLATION.

TECHNICAL SPECIFICATIONS

ONCE THE SOFTWARE IS INSTALLED ON YOUR COMPUTER IT WILL CREATE AUTO START FEATURES WITHIN YOUR OPERATING SYSTEM THAT WILL RUN PROCESSES ON YOUR SYSTEM. THESE PROCESSES AND ALL COMPONENTS OF THE SOFTWARE CAN BE COMPLETELY REMOVED SHOULD YOU ELECT TO CANCEL YOUR TRIAL WITHIN THE SPECIFIED TRIAL PERIOD. IF YOU DO NOT CANCEL WITHIN THE SPECIFIED TRIAL PERIOD OUR SOFTWARE LICENSE MANAGEMENT UTILITY WILL STAY ON YOUR COMPUTER AND WILL CONTINUE TO LAUNCH ON START UP OF YOUR COMPUTER UNTIL YOU SATISFY THE OBLIGATIONS YOU AGREED TO WHEN YOU INSTALLED OUR SOFTWARE.

3. DESCRIPTION OF SERVICE
MediaPipe and MoviePass provide users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the Service). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MediaPipe and MoviePass to provide the Service. You agree to receive emails from MediaPipe and MoviePass, such as service announcements, and administrative messages, and that these communications are considered part of MediaPipe and MoviePass membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MediaPipe and MoviePass properties, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that MediaPipe and MoviePass assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that certain areas on the Service contain adult or mature content. You must be at least 21 years of age to access and view such areas. Parental controls are available for use at your discretion.