Terms and Conditions

1. Service

The Site and the Service, including all features, instant streaming, our website and user interfaces, and all associated content and software (the "Service"), are offered subject to the terms and conditions set out in this document, referred to as the Terms of Use (the "Terms"), together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, whether as a Member User, a recipient of an email from a registered user, or a user ("you" or "your"), you accept the Agreement. You acknowledge that the Agreement is a binding contract between you and Vertrax LLC, 20227 Cedarcreek ST, Canyon Country, California 91351, USA (Media Explorer Online, "we"), the company that owns and operates the website (the "Site"). If you do not wish to be bound by these Terms, you must immediately stop using the Site and the Service.

2. The Agreement

No contract or agreement is formed and you have no rights to the Service unless Media Explorer Online has agreed to provide you with the Service. Media Explorer Online may modify or amend the Agreement at any time, without notice. Changes take effect immediately after the amended terms are posted on the Site, or if Media Explorer Online otherwise notifies you of such changes. If you continue to use the Site and/or the Service after Media Explorer Online has posted or otherwise provided such notice of changes, you have accepted the Agreement as amended. If you do not accept and comply with the Agreement as amended, you must not use the Site or the Service.

We may decline any request to use the Services for any reason.

3. Licence & Content

Licence

Media Explorer Online is pleased to grant you a limited, non-exclusive licence to use the Media Explorer Online Services, including accessing and viewing the Content on a download-only basis through the site, for personal and non-commercial purposes, as set out in these Terms. We reserve the right, in our sole and absolute discretion, to make changes without notice to how we operate our service. Any description of how our service operates should not be taken as a representation or obligation as to how the service will always operate in the future. We are constantly making adjustments to our service and these adjustments are often not fully reflected in these Terms of Use.

The Content

You may only access and view the Content for personal, non-commercial purposes, in accordance with these Terms. You may not, directly or through the use of a device, software, website, web-based service, or any other means, remove, alter, circumvent, avoid, interfere with, or otherwise get around any copyright, trademark, or other proprietary notice marked on the Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms. You may not, directly or through the use of a device, software, website, web-based service, or any other means, copy, download, capture stream, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Content, unless expressly authorised by Media Explorer Online in writing. You may not embed the Content in, or broadcast or retransmit the Content through, any hardware or software application, nor make it available through frames or online links, unless expressly authorised by Media Explorer Online in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of a significant portion of the Content without authorisation from Media Explorer Online. You may not build a commercial activity using the Content, whether or not for profit. Content covered by these restrictions includes, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and still images. Furthermore, you are strictly prohibited from creating derivative works or materials otherwise derived from or based in any way on the Content, including edits, mash-ups and similar videos, wallpapers, desktop themes, greeting cards and merchandise, unless expressly authorised by Media Explorer Online in writing. This prohibition applies even if you intend to distribute the derivative materials free of charge.

Availability

The availability of the Content will change from time to time and from country to country. The streaming display quality of movies and TV series may vary from one computer to another and from one device to another, and may be affected by various factors, such as your location, available bandwidth and/or the speed of your internet connection. Media Explorer Online makes no representation or warranty regarding the quality of your instant viewing experience on your screen.

Geographic limitation

You may instantly watch the Content through the service only in geographic areas where we offer our service and have obtained the licence for that movie or TV series. Content available to watch will vary by geographic area. Media Explorer Online will use technologies to verify your geographic location.

4. Support service

To use the Services, any device you wish to use must meet the Site's minimum requirements, namely: an internet connection, a web browser, JavaScript, Shockwave, Flash.

For the duration of the term and for Member Users, the Service includes (a) reasonable assistance in using the Service and reasonable diagnosis and attempts to resolve issues related to the use or provision of the Service, and (b) updates and revisions to the Site and the Services that Media Explorer Online chooses to make available to Member Users generally (collectively, the "Support Services"). Support Services are only provided during normal business hours and exclude weekends and Media Explorer Online holidays. Media Explorer Online may condition the scheduling and provision of Support Services in the manner or method it chooses, which may include communication by email. In order to benefit from Support Services, you may be asked to purchase additional or different equipment or services from third parties. Media Explorer Online has no obligation to provide any other assistance, support, maintenance or other services, nor to carry out any assistance by any other method, for example at your location. If Media Explorer Online, at its sole discretion, agrees to provide additional services, those additional services will be governed by these General Terms and Conditions.

5. Fees and payment

Registration is quick and easy. Using your credit card, we are able to confirm that you are a genuine user, whilst determining your geographical location for licensing purposes. Your credit card will not be charged for your 3 day free membership period. After your free trial period, should you wish to remain a member of the service, your credit card will be charged $2 for the first 3 days followed by $39.99 per month thereafter unless cancelled. By entering your credit card details, you accept that your credit card will be billed at the same membership rate on a monthly recurring basis. Please in the meantime enjoy your free membership period and indulge in our extensive content library.

Vertrax LLC, 20227 Cedarcreek ST, Canyon Country, California 91351, USA, to the extent permitted by law, is not liable for any inconvenience or damage caused by the use of the particular Payment Method, including delays or the inability to make a payment. In this case, you must complain about these services to their provider, in the manner set out in their general terms and conditions.

If Payment has not been accepted for reasons attributable to Vertrax LLC, 20227 Cedarcreek ST, Canyon Country, California 91351, USA, please contact us via email at: [email protected]

By accepting these Terms of Use, you represent that all payments will be made with funds from a legitimate source.

Internet access fees

You are responsible for all fees you incur to access the internet.

6. Cancellation

Duration

The user has the right to cancel the subscription at any time from the moment the registration was made. If the user chooses to cancel the subscription, the account will be cancelled with no additional fees. If the user chooses to cancel the subscription after regular billing has started, the subscription will be cancelled immediately and the account will expire at the end of the period already paid for.

To cancel your account, you can go to your account settings and choose to cancel the account. You may also call us or email us at: [email protected].

Termination of service

Except as otherwise provided below, you agree that Media Explorer Online may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, temporarily or permanently, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. By way of example and without limitation, Media Explorer Online may terminate or suspend your access to the Service for lack of use; for non-payment of account fees within the period designated by Media Explorer Online; for registering more than one account; for using multiple accounts; for maintenance of the Site or performance of Support Services; for failure to comply with rules posted on the Site or in these Terms; for actions contrary to these Terms; or for any other reason determined by Media Explorer Online. Unless you have breached the terms and conditions of the Agreement, if you are a Paying User, a material change adversely affecting the Service, or a suspension, interruption, or other termination of the Service or the Agreement will occur at the end of the current period of the Service. Notwithstanding the foregoing, Media Explorer Online may make a material change adversely affecting the Service or suspend, interrupt, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current period of the Service through the end of that period. A Paying User's continued use of the Service after any material change or suspension constitutes the Paying User's agreement to waive any claim for a refund of fees.

Other remedies

In addition to or as an alternative to terminating, cancelling or interrupting the Site and/or the Service, Media Explorer Online may take any action it deems necessary or appropriate, in its sole discretion, in the event of a breach of the Agreement on your part. These measures may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means available to Media Explorer Online.

Effects of termination

Upon expiration, termination, cancellation, or interruption of the Site and/or the Service, your right to use the Site and/or the Service will cease within the period indicated above, and you will no longer have the right to access your account or any files or other content it contains, although residual copies may be retained on Media Explorer Online's system. Media Explorer Online may retain such files or other content at its discretion.

Any suspension, termination, or cancellation will not affect your obligations to Media Explorer Online under these Terms of Use (including, without limitation, ownership and property rights, indemnification, and limitation of liability), which by their meaning and context are intended to survive such suspension, termination, or cancellation.

7. Refunds

We will make any refund owed to you (minus any deduction owed to us) without undue delay and no later than 14 days from the date on which you notify us of your decision to cancel, or in the case of Goods, (ii) the date we receive the Goods from you or (iii) we receive proof that the Goods have been returned (such as a deposit receipt). We will make the refund using the same payment method you used for your order, unless you have agreed otherwise. These cancellation rights do not affect your legal rights.

8. Your responsibilities

You agree to use the Services only for lawful, non-commercial and appropriate purposes. You agree to comply with the restrictions on the Services, the Content and integration detailed above, and you further undertake not to access the Site or use the Services in a manner that:

• violates the rights of others, including patents, trademarks, trade secrets, copyrights, privacy, publicity or other property rights.
• uses technologies or other means to access, index, frame or link to the Services (including the Content) that are not authorised by Media Explorer Online (including by removing, disabling, circumventing or otherwise getting around any content protection or access control mechanism intended to prevent unauthorised downloading, stream capturing, linking, framing, reproduction, access or distribution of the Services).
• involves accessing the Services (including the Content) by automated means, including "robots", "spiders" or "offline readers" (other than through searches performed individually on publicly accessible search engines for the sole purpose, and to the extent necessary, of creating publicly accessible search indexes, but not caches or archives, of the Services, excluding search engines or indexes that host, promote or primarily link to infringing or unauthorised content).
• introduces viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
• damages, disables, overburdens, alters or gains unauthorised access to the Services, including Media Explorer Online's servers, computer network or user accounts.
• removes, alters, disables, blocks, obscures or otherwise interferes with any advertising in connection with the Services (including the Content).
• uses the Services to advertise or promote services that are not expressly approved in advance in writing by Media Explorer Online.
• collects personally identifiable information in violation of Media Explorer Online's Privacy Policy.
• encourages conduct that would constitute a criminal offence or give rise to civil liability.
• violates these Terms or any guideline or policy posted by Media Explorer Online.
• interferes with any other party's use and enjoyment of the Services.
• attempts to do any of the above.

Accordingly, you undertake to:

• stream and watch the Content only for personal and private purposes (and not for direct or indirect commercial purposes).
• not, and not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content.
• not, and not encourage or assist any other person to, circumvent, modify, remove, decompile, disassemble, alter or otherwise manipulate any security, encryption or rights management technology or software that is part of any Content or the means by which we deliver the Content to you.

9. Suspension/Interruption

We hope we do not have to, but we may modify, suspend or interrupt, temporarily or permanently, all or part of the Services (including the Content and the devices through which the Services are accessible), with respect to all or some users, at any time and without notice. You acknowledge that Media Explorer Online may do so at its sole discretion. You also agree that Media Explorer Online will not be liable to you for any modification, suspension or interruption of the Services, although Media Explorer Online may, at its sole discretion, grant you a credit, refund, reduction or other form of compensation (for example, we may credit additional service days to your account). However, if Media Explorer Online terminates your account or suspends or interrupts your access to the Services because of your breach of these Terms, you will not be eligible for such credit, refund, reduction or other compensation.

10. Copyright

All Content belongs to Media Explorer Online (or to our affiliates and/or third-party licensors, as applicable), unless otherwise indicated. The materials may only be used within the scope provided by these Terms, and any other relevant terms and conditions provided to you without our prior written authorisation.

You acknowledge and agree that some Content provided to you is the property of third-party licensors and, without prejudice to all other rights and remedies available, each licensor has the right to directly enforce the relevant provisions of these Terms against you.

11. Trademarks

The logo and all other product or service marks are trademarks of Media Explorer Online. All other trademarks, logos, images, product and company names displayed or mentioned on the Site or any Device are the property of their respective owners. Nothing grants you a licence or right to use, modify or remove these elements.

12. Force majeure

Media Explorer Online will not be liable to you for any failure or delay in performing its obligations hereunder due to events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrections, fires, floods, storms, explosions, acts of God, war, terrorism, government actions, labour conditions, earthquakes, material shortages, internet failure or extraordinary connectivity issues encountered by major telecommunications providers unrelated to Media Explorer Online's internet infrastructure or connectivity, or the failure of a Media Explorer Online co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Media Explorer Online will be excused from further performance of its obligations affected by the Force Majeure Event for as long as the event continues, and for the additional period Media Explorer Online may reasonably need to recover from the effects of that Force Majeure Event.

13. Disclaimer of warranties

You understand and expressly agree that your use of the site and/or the service is at your sole risk. Media Explorer Online and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, professional workmanship, title and non-infringement. Media Explorer Online does not warrant that the site or the service will meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free or free of viruses or other harmful components, and that the quality of any products, services, information or other materials purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through use of the service is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or any loss of data resulting from the transmission of any such material.

14. Governing law and jurisdiction

These Website Terms of Use will be governed by and construed in accordance with US law. You may bring legal proceedings regarding the Website Terms of Use before the US courts. If you reside in a part of the United States or any other European Union member state, you may bring legal proceedings regarding these Website Terms of Use either before the US courts or before the courts of your country of residence.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Website Terms of Use, including the paragraph above, affects your rights as a consumer to rely on those mandatory provisions of local law.