Terms of Service

These Terms of Service govern the use of Pilotly's ("us," "we," or "our") service as described below (the "GroupFlix Service"). To agree to these Terms of Service, click "I agree" [below]. If you do not agree to these terms, do not click "I agree" and do not use the GroupFlix Service. If you do not accept these Terms of Service, you should not use the GroupFlix Service or our web site, www.pilot.ly (the "Website").

Changes to Terms of Service:

GroupFlix reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed on the Website. You should periodically visit the Terms of Service page on the Website so you are aware of the terms and conditions that apply to your use of the GroupFlix Service and the Website. Your continued use of the GroupFlix Service and the Website will represent your acceptance of the most current Terms of Service.

Content:

GroupFlix's authority to provide Content to you is subject to restrictions imposed by the movie studios and other distributors that make Content available to GroupFlix ("Content Providers"). If you have questions concerning the availability of Content that you have ordered, please contact GroupFlix at Support@GroupFlix.tv.

Billing:

By using the GroupFlix Service, you are expressly agreeing that GroupFlix is authorized to charge you any applicable purchase fees, taxes and/or any other charges you may incur in connection with your use of the GroupFlix Service to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your GroupFlix Account.

Cancellation and Refunds:

You may cancel your GroupFlix Account at any time by following the procedures outlined on the Website. Any remaining cash balance in your GroupFlix Account will be refunded within 30 days of your cancellation date. Any charges and fees paid for Content are non-refundable. [Any GroupFlix Credits you may have accrued are non-refundable.]

Content purchased on GroupFlix is nontransferable and will be deleted from your GroupFlix Device(s) and your GroupFlix Account upon cancellation of your GroupFlix Account. Cancellation of your GroupFlix Account will also terminate your access to Content that you have purchased.

Content Restrictions:

You understand and agree that the Content is licensed by GroupFlix from Content Providers. Copyrights in the Content are owned by the Content Providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Except as expressly provided herein, no right, title or interest in the Content is transferred to you. All Content is licensed, not sold, transferred or assigned to you. You have a limited right in the Content for personal, non-commercial use. You may not edit, modify, copy, distribute, transmit, download, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion thereof (including, without limitation, by "burning," P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device, including without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human- readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content Providers/owners of the Content is prohibited, and you expressly agree to the automatic termination of the GroupFlix Service if you engage in any infringing activities. Except as specifically granted herein, all rights to the Content are reserved by the owner of such Content.

Content Selection:

We will determine the selection, availability and quality of all Content provided on the GroupFlix Service. The selection, quality and availability of the Content offered can/may be unique to each GroupFlix Account. Not all Content on the GroupFlix Service is available at all times to all users. Not all Content is appropriate for all users. If you are a parent, it is your responsibility to monitor the Content selections and viewing habits of your children.

Device Limits:

You may link up to two (2) GroupFlix Devices to your GroupFlix Account in order to view Content (each, a "Linked Device"), provided such Linked Device may only by linked to a single GroupFlix Account at a given time. You may not concurrently stream or view content to more than those two (2) Linked Devices at any given time.

Your Personal Information:

GroupFlix offers you several ways to share your GroupFlix experience with others and interact with other members of the GroupFlix community through the Website (the "GroupFlix Community"). Because the features of the GroupFlix Community are always changing and improving, the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in GroupFlix's Terms of Service.

Customer Privacy:

GroupFlix collects and maintains personally identifiable information concerning our customers. This information includes, but is not limited to, billing records, maintenance and repair records, marketing information and customer feedback. GroupFlix maintains a privacy policy that may be accessed through our Website. We reserve the right to make changes to the privacy policy at any time and for any reason.

Account Access:

You are solely responsible for the activity on your GroupFlix Account, including, but not limited to, any and all purchases made from your GroupFlix Account, maintaining the confidentiality of your GroupFlix Account password and restricting access to your GroupFlix Device(s). You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the GroupFlix Website.

If you believe that you may be victim of identity theft involving your GroupFlix Account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. GroupFlix reserves the right to place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity.

Termination by GroupFlix:

We reserve the right to terminate your GroupFlix Account and/or your use and access to the GroupFlix Service at any time with or without cause. If your GroupFlix Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your GroupFlix Account.

Operational Limits/Force Majeure:

The provision of the GroupFlix Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the GroupFlix Service, including GroupFlix's ability to stream purchased shows and movies to you, may occur as normal events in the provision of the GroupFlix Service and that GroupFlix is not liable for such interruptions. You further understand and agree that GroupFlix is not liable for any failure of performance due to any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action or request by any government, civil or military authority, suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.

Additional Restrictions:

You agree not to, or attempt to, disclose or circumvent any security measures utilized as part of the GroupFlix Service. You understand and acknowledge that the GroupFlix Service incorporate and utilize propriety technologies, materials and Content of GroupFlix, the Content Providers and other third-party licensors that are protected by copyright, patent, trade secret and other laws and that any use or disclosure of the GroupFlix Service or Content contrary to these Terms of Service or any copying of the materials and/or Content residing in the GroupFlix Website will result in substantial damages to us or our licensors and subject you to civil liabilities and/or criminal penalties.

Age Restrictions and Parental Control:

While GroupFlix does distribute Content that may be watched by children, if you are under the age of 18, you may access and use the GroupFlix Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. GroupFlix is relying on your representation that you are at least 18 years of age. GroupFlix would not allow you to enter these Terms of Service and would not allow you to access the GroupFlix Service but for your representation that you are at least 18 years of age. GroupFlix does not intentionally or knowingly collect personal information about children under the age of 13. If you are a parent or legal guardian entering into to these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of the GroupFlix Service, including all financial charges and legal liability that he or she may incur. You are responsible for the viewing selections of your children, and GroupFlix shall have no liability whatsoever if your child, through mistake or otherwise, views Content that may be deemed objectionable to you or your child. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the GroupFlix Service.

Digital Millennium Copyright Act:

If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. ยง 51 2(c)(3) for further details):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to GroupFlix Customer Care at Support@GroupFlix.tv. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

If you believe that content or a Submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner's agent, or pursuant to the law, to post and use such content or Submission, you may send a counter-notice containing the following information to the Copyright Agent:

1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

4. Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counternotice, at our sole discretion.

Links to Third Party Websites:

The GroupFlix Website may contain links to third-party sites which are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.

Warranty Disclaimer; Limitation of Damages and Liability:

THE GROUPFLIX SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER GROUPFLIX NOR THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE GROUPFLIX SERVICE OR CONTENT MADE AVAILABLE THROUGH THE GROUPFLIX SERVICE OR GROUPFLIX CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND GROUPFLIX AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE GROUPFLIX SERVICE, CONTENT OR CONTENT OF THE GROUPFLIX WEB SITE OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE GROUPFLIX SERVICE, CONTENT OR GROUPFLIX WEBSITE. YOU AGREE THAT GROUPFLIX MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE GROUPFLIX SERVICE, GROUPFLIX COMMUNITY AND GROUPFLIX COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE GROUPFLIX SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. IN ADDITION, GROUPFLIX AND THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY GROUPFLIX OR CONTENT PROVIDERS, SHALL GROUPFLIX, CONTENT PROVIDERS OR ANY OF THEIR OR GROUPFLIX'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY) OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE OR ACCESS THE GROUPFLIX SERVICE OR CONTENT; (ii) THE TERMINATION OF THE GROUPFLIX SERVICE; (iii) ERRORS OR OMISSIONS IN THE CONTENT; OR (iv) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE GROUPFLIX SERVICE AND/OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL GROUPFLIX'S OR CONTENT PROVIDERS' TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE GROUPFLIX WEBSITE, GROUPFLIX SERVICE OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.

Severability:

If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Governing Law, Determination of Disputes:

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law. EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in connection with, this Agreement shall be submitted to the Superior Court in and for the State of California (or if the Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court. Said parties hereby consent to the exclusive jurisdiction of such court and to the service of process by mail outside the State of California pursuant to the requirements of such court in any matter so to be submitted to it. Content Providers are third party beneficiaries of these Terms of Service and may enforce these Terms of Service, at law or in equity, with respect to Content or any other materials provided by it.

Indemnity:

You agree to indemnify, defend and hold GroupFlix and its affiliates, officers, agents, co-branders, licensors, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GroupFlix Website or GroupFlix Service, including, without limitation, your violation of these Terms of Service or your violation of any rights of another.

PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO: inquiry@pilot.ly.