END USER LIMITED LICENSE AGREEMENT
SERV OTHERS NETWORK
Terms of Use
Welcome to SERV OTHERS Network, (a div. of SERV OTHERS, LLC) We offer Faith and Family based movies for you to rent or purchase through our platform.
These Terms of Use govern your use of our service, and form an agreement between you and SERV OTHERS, LLC ("SERV OTHERS" or "we" or "us"). As used in these Terms of Use, "SERV OTHERS service," "our service" or "the service" means the service provided by SERV OTHERS for attending one of our private online theaters to view digitized versions of movies and related digital content (collectively, "content"). The SERV OTHERS service may be provided through SERV OTHERS’s website ("this website"), or a third-party website or content distribution platform.
To access SERV OTHERS content, you will need to use certain Internet-connected TVs, personal computers, portable media players and other devices capable of interacting with our service ("compatible devices"). The requirements for compatible devices may change from time to time as systems and software change for our service, or for third-party platforms.
1. Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy (mov.servothers.network/terms-and-conditions.html) and, our End User Limited License Agreement (mov.servothers.network/end-user-license-agreement.html) ("ENDUSER"), each as may be updated from time to time, govern your use of the SERV OTHERS service, and supersede any and all prior or contemporaneous agreements or understandings between you and SERV OTHERS, whether oral or written, as to the subject matter of these Terms. By using, visiting, or browsing the SERV OTHERS service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, then you may not use the SERV OTHERS service.
2. Changes to Terms of Use
SERV OTHERS may, from time to time, change these Terms of Use, including the Privacy Policy and ENDUSER. Such revisions shall be effective immediately; provided however, that for existing users, such revisions shall, unless otherwise stated or earlier agreed, be effective immediately after posting on this website.
3. Privacy
Personally identifying information is subject to our Terms of Use Policy (mov.servothers.network/terms-and-conditions.html), the terms of which are incorporated herein. Please review our Terms of Use Policy to understand our practices.
4. Communication Preferences
By using the SERV OTHERS service, you consent to receiving electronic communications from SERV OTHERS relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the SERV OTHERS service, or in the "My Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with SERV OTHERS. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new SERV OTHERS features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click the Unsubscribe link in any of those communications. Please review our Terms of Use Policy (mov.servothers.network/terms-and-conditions.html) for further detail on our marketing communications.
5. Billing and Cancellation
a. Billing
i. By registering to open a SERV OTHERS account and providing or designating a Payment Method, you authorize us to charge to your Payment Method all rental fees, purchase fees, and any other charges that you may incur in connection with your use of the SERV OTHERS service. You acknowledge that the amount charged may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and you authorize us to charge your Payment Method for such varying amounts, which may be charged when you incur such amounts.
ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect upon posting to this website.
iii. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED CONTENT OR TIME PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The decisions to provide provisional credits are not conditional and solely at our discretion.
iv.Cancellation. You may close your SERV OTHERS account at any time. If you close your account, however, you will lose access to the SERV OTHERS service and to all content that you have rented or purchased through the SERV OTHERS service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PURCHASED CONTENT OR UNWATCHED CONTENT. To close your account, please submit a request to our Customer Service via the SERV OTHERS Help Center.
6. SERV OTHERS Service
a. You must be 18 years of age, or the age of majority in your province, territory or country, to create an account to use the SERV OTHERS service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
b. Subject to payment of any applicable fees to rent or purchase digital content, and your compliance with all terms of these Terms of Use, SERV OTHERS grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable viewing period. If you rent content, then you may view the rented content on a single compatible device at a time, and complete your playback of the content within the time period(s) specified at the time of rental (stopping, pausing or restarting does not extend the time period(s)). If you purchase content, then you may view the purchased content as often as you would like on a single compatible device at a time, for as long as you maintain an account with us.
c. The SERV OTHERS service, and any content viewed through our service, are for your personal and non-commercial use only. While you maintain a SERV OTHERS account, we grant you a limited, non-exclusive, non-transferable, license to access the SERV OTHERS service and view content through the service for that purpose. You will not have any right to download, store, record, alter, distribute or broadcast any content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may only view and display the content privately for you and your guests. You agree not to use the service for public performances (such as at restaurants, church-sponsored parties, or sporting events), even if no fee is charged for viewing the content.
d. You may view content through the SERV OTHERS service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location. SERV OTHERS will use suitable technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH MAY BE LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
e. We continually update the SERV OTHERS service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, availability of content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
f. You agree to use the SERV OTHERS service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for temporary personal use in "offline" mode for purchased content), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content, software or information contained on or obtained from or through the SERV OTHERS service without express written permission from SERV OTHERS and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SERV OTHERS service; use any robot, spider, scraper or other automated means to access the SERV OTHERS service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SERV OTHERS service; insert any code or product or manipulate the content of the SERV OTHERS service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SERV OTHERS service, including any software viruses or any other computer code, files or programs.
g. The availability of content to watch may change from time to time, and from country to country. The quality of the display of the streaming content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Some content may be available in HD, the availability of which is subject to your Internet service and device capabilities. Not all content may be available in HD. Default playback settings on cellular networks exclude HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better.
h. Purchased or rented content may not be available for your use without an Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SERV OTHERS makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected, and the configuration of your SERV OTHERS ready device. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the content you will receive when streaming, even if you have paid extra for access (where available) to high definition, ultra-high definition, or high-dynamic-range content. When you stream content, the resolution and quality of the content that you receive will depend on the type of compatible device on which you are streaming the content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect potential streaming content interruptions or improper rendering, we may decrease the resolution and file size of the content that we stream to you in an effort to provide an uninterrupted viewing experience.
i. To simplify your viewing and management of content that have a limited viewing period (such as rented content), we may automatically remove "thumbnails" and content summaries from your account after the end of its viewing period, and remove any cached content, and you consent to such automatic removal.
j. Purchased content will generally continue to be available to you for streaming or caching for offline viewing from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and SERV OTHERS will not be liable to you if any purchased content becomes unavailable to you for further viewing.
k. SERV OTHERS streaming software, is developed by, or for, SERV OTHERS and is designed to enable streaming of content from SERV OTHERS through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (mov.servothers.network/end-user-license-agreement.html) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERV OTHERS AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the SERV OTHERS service. If your SERV OTHERS ready device is sold, lost or stolen, please deactivate the SERV OTHERS ready device. If you fail to log out or deactivate your device, subsequent users may access the SERV OTHERS service through your account and may be able to access certain of your account information.
l. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
7. Passwords and Account Access
a. The user who created the SERV OTHERS account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the SERV OTHERS account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting SERV OTHERS Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the SERV OTHERS service, SERV OTHERS implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the SERV OTHERS service, which includes accessing via compatible devices or website.
c. You should be mindful of any communication requesting that you submit credit card or other account information. SERV OTHERS will not request your credit card information and personal account information outside of our platform. SERV OTHERS reserves the right to place any account on hold anytime with or without notification to the user in order to protect itself and its partners from what it believes to be fraudulent activity. SERV OTHERS is not obligated to credit or provide any discount for holds placed on the account by either a representative of SERV OTHERS or by the automated processes of SERV OTHERS.
8. Disclaimers of Warranties and Limitations on Liability
a. THE SERV OTHERS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERV OTHERS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SERV OTHERS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERV OTHERS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SERV OTHERS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIS WEBSITE, SERV OTHERS READY DEVICES, AND SERV OTHERS APPS (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE) BY YOU OR ANY OTHER USER. SERV OTHERS DOES NOT GUARANTEE THAT ALL CONTENT WILL BE CHRISTIAN IN NATURE, OR FAITH-BASED, OR SUITABLE FOR ALL OR ANY VIEWING AUDIENCE. VIEWER DISCRETION IS ADVISED AT ALL TIMES.
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SERV OTHERS, OR ITS SUBSIDIARIES OR AFFILIATES OR PARENTS, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY LOSS WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, CONTENT, OR UNAUTHORIZED USE. In no event shall SERV OTHERS’s liability, either jointly or severally, exceed $1.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
d. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
e. SERV OTHERS may permanently or temporarily take down this website or any content in its sole discretion. Please be aware that this website or any content may be unavailable during scheduled downtime for maintenance or during downtime required by law.
9. Intellectual Property
a. Copyright. The SERV OTHERS service, including all content provided on the SERV OTHERS service, is protected by copyright, trade secret or other intellectual property laws and treaties. Content may be owned by SERV OTHERS or licensed from third parties. If SERV OTHERS loses its right to provide you with content that you purchase or rent, then SERV OTHERS will use its best efforts to notify you.
b. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the SERV OTHERS service, please notify us by contacting us at [email protected] with a complete description of infringement and screenshots were applicable..
10. Governing Law
a. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions.
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
11. Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, content distribution platforms or other software utilities) ("Third Party Application(s)") that interact with the SERV OTHERS service. These Third Party Applications may import data related to your SERV OTHERS account and activity and otherwise gather data from you. These Third Party Applications are provided solely as a convenience to you, and SERV OTHERS is not responsible for such Third Party Applications. If you access or view content through Third Party Applications, then your use of the Third Party Applications may be further subject to third party terms of use and privacy practices. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY SERV OTHERS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN OPTION AND RISK, AND YOU AGREE TO INDEMNIFY SERV OTHERS FROM DAMAGES OR LOSSES RESULTING FROM YOUR IMPROPER USE OF THIRD PARTY APPLICATIONS.
12. Use of Information Submitted
SERV OTHERS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the SERV OTHERS service, including the SERV OTHERS website and user interfaces, worldwide and in perpetuity without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SERV OTHERS service. In addition, you agree not to enforce any "moral rights" in or to the Feedback, to the extent permitted by applicable law. Please note SERV OTHERS does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SERV OTHERS. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against SERV OTHERS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
13. Customer Support
To find more information about our service and its features, or if you need assistance with your account, please visit SERV OTHERS Help Center ([email protected]).
14. Jurisdiction
Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A., regarding any and all disputes relating to these Terms, your use of the SERV OTHERS services, this website or any content provided thereby.
15. Dispute Resolution
Any dispute or claim relating in any way to your use of the SERV OTHERS service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
16. Publicity
You may use our screen shots and logo for noncommercial purposes. You may ask about using static screen shots of our website for commercial purposes by contacting [email protected]
17. Survival
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Welcome to SERV OTHERS Network, (a div. of SERV OTHERS, LLC) We offer Faith and Family based movies for you to rent or purchase through our platform.
These Terms of Use govern your use of our service, and form an agreement between you and SERV OTHERS, LLC ("SERV OTHERS" or "we" or "us"). As used in these Terms of Use, "SERV OTHERS service," "our service" or "the service" means the service provided by SERV OTHERS for attending one of our private online theaters to view digitized versions of movies and related digital content (collectively, "content"). The SERV OTHERS service may be provided through SERV OTHERS’s website ("this website"), or a third-party website or content distribution platform.
To access SERV OTHERS content, you will need to use certain Internet-connected TVs, personal computers, portable media players and other devices capable of interacting with our service ("compatible devices"). The requirements for compatible devices may change from time to time as systems and software change for our service, or for third-party platforms.
1. Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy (mov.servothers.network/terms-and-conditions.html) and, our End User Limited License Agreement (mov.servothers.network/end-user-license-agreement.html) ("ENDUSER"), each as may be updated from time to time, govern your use of the SERV OTHERS service, and supersede any and all prior or contemporaneous agreements or understandings between you and SERV OTHERS, whether oral or written, as to the subject matter of these Terms. By using, visiting, or browsing the SERV OTHERS service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, then you may not use the SERV OTHERS service.
2. Changes to Terms of Use
SERV OTHERS may, from time to time, change these Terms of Use, including the Privacy Policy and ENDUSER. Such revisions shall be effective immediately; provided however, that for existing users, such revisions shall, unless otherwise stated or earlier agreed, be effective immediately after posting on this website.
3. Privacy
Personally identifying information is subject to our Terms of Use Policy (mov.servothers.network/terms-and-conditions.html), the terms of which are incorporated herein. Please review our Terms of Use Policy to understand our practices.
4. Communication Preferences
By using the SERV OTHERS service, you consent to receiving electronic communications from SERV OTHERS relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the SERV OTHERS service, or in the "My Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with SERV OTHERS. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new SERV OTHERS features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click the Unsubscribe link in any of those communications. Please review our Terms of Use Policy (mov.servothers.network/terms-and-conditions.html) for further detail on our marketing communications.
5. Billing and Cancellation
a. Billing
i. By registering to open a SERV OTHERS account and providing or designating a Payment Method, you authorize us to charge to your Payment Method all rental fees, purchase fees, and any other charges that you may incur in connection with your use of the SERV OTHERS service. You acknowledge that the amount charged may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and you authorize us to charge your Payment Method for such varying amounts, which may be charged when you incur such amounts.
ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect upon posting to this website.
iii. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED CONTENT OR TIME PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The decisions to provide provisional credits are not conditional and solely at our discretion.
iv.Cancellation. You may close your SERV OTHERS account at any time. If you close your account, however, you will lose access to the SERV OTHERS service and to all content that you have rented or purchased through the SERV OTHERS service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PURCHASED CONTENT OR UNWATCHED CONTENT. To close your account, please submit a request to our Customer Service via the SERV OTHERS Help Center.
6. SERV OTHERS Service
a. You must be 18 years of age, or the age of majority in your province, territory or country, to create an account to use the SERV OTHERS service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
b. Subject to payment of any applicable fees to rent or purchase digital content, and your compliance with all terms of these Terms of Use, SERV OTHERS grants you a personal, non-exclusive, non-transferable, non-sublicensable, license, during the applicable viewing period. If you rent content, then you may view the rented content on a single compatible device at a time, and complete your playback of the content within the time period(s) specified at the time of rental (stopping, pausing or restarting does not extend the time period(s)). If you purchase content, then you may view the purchased content as often as you would like on a single compatible device at a time, for as long as you maintain an account with us.
c. The SERV OTHERS service, and any content viewed through our service, are for your personal and non-commercial use only. While you maintain a SERV OTHERS account, we grant you a limited, non-exclusive, non-transferable, license to access the SERV OTHERS service and view content through the service for that purpose. You will not have any right to download, store, record, alter, distribute or broadcast any content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may only view and display the content privately for you and your guests. You agree not to use the service for public performances (such as at restaurants, church-sponsored parties, or sporting events), even if no fee is charged for viewing the content.
d. You may view content through the SERV OTHERS service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location. SERV OTHERS will use suitable technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH MAY BE LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
e. We continually update the SERV OTHERS service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, availability of content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
f. You agree to use the SERV OTHERS service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for temporary personal use in "offline" mode for purchased content), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content, software or information contained on or obtained from or through the SERV OTHERS service without express written permission from SERV OTHERS and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SERV OTHERS service; use any robot, spider, scraper or other automated means to access the SERV OTHERS service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SERV OTHERS service; insert any code or product or manipulate the content of the SERV OTHERS service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SERV OTHERS service, including any software viruses or any other computer code, files or programs.
g. The availability of content to watch may change from time to time, and from country to country. The quality of the display of the streaming content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Some content may be available in HD, the availability of which is subject to your Internet service and device capabilities. Not all content may be available in HD. Default playback settings on cellular networks exclude HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better.
h. Purchased or rented content may not be available for your use without an Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SERV OTHERS makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected, and the configuration of your SERV OTHERS ready device. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the content you will receive when streaming, even if you have paid extra for access (where available) to high definition, ultra-high definition, or high-dynamic-range content. When you stream content, the resolution and quality of the content that you receive will depend on the type of compatible device on which you are streaming the content and your bandwidth, which may increase or decrease over the course of your viewing. If we detect potential streaming content interruptions or improper rendering, we may decrease the resolution and file size of the content that we stream to you in an effort to provide an uninterrupted viewing experience.
i. To simplify your viewing and management of content that have a limited viewing period (such as rented content), we may automatically remove "thumbnails" and content summaries from your account after the end of its viewing period, and remove any cached content, and you consent to such automatic removal.
j. Purchased content will generally continue to be available to you for streaming or caching for offline viewing from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and SERV OTHERS will not be liable to you if any purchased content becomes unavailable to you for further viewing.
k. SERV OTHERS streaming software, is developed by, or for, SERV OTHERS and is designed to enable streaming of content from SERV OTHERS through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (mov.servothers.network/end-user-license-agreement.html) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SERV OTHERS AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the SERV OTHERS service. If your SERV OTHERS ready device is sold, lost or stolen, please deactivate the SERV OTHERS ready device. If you fail to log out or deactivate your device, subsequent users may access the SERV OTHERS service through your account and may be able to access certain of your account information.
l. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
7. Passwords and Account Access
a. The user who created the SERV OTHERS account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the SERV OTHERS account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting SERV OTHERS Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the SERV OTHERS service, SERV OTHERS implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the SERV OTHERS service, which includes accessing via compatible devices or website.
c. You should be mindful of any communication requesting that you submit credit card or other account information. SERV OTHERS will not request your credit card information and personal account information outside of our platform. SERV OTHERS reserves the right to place any account on hold anytime with or without notification to the user in order to protect itself and its partners from what it believes to be fraudulent activity. SERV OTHERS is not obligated to credit or provide any discount for holds placed on the account by either a representative of SERV OTHERS or by the automated processes of SERV OTHERS.
8. Disclaimers of Warranties and Limitations on Liability
a. THE SERV OTHERS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERV OTHERS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SERV OTHERS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERV OTHERS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SERV OTHERS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIS WEBSITE, SERV OTHERS READY DEVICES, AND SERV OTHERS APPS (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE) BY YOU OR ANY OTHER USER. SERV OTHERS DOES NOT GUARANTEE THAT ALL CONTENT WILL BE CHRISTIAN IN NATURE, OR FAITH-BASED, OR SUITABLE FOR ALL OR ANY VIEWING AUDIENCE. VIEWER DISCRETION IS ADVISED AT ALL TIMES.
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SERV OTHERS, OR ITS SUBSIDIARIES OR AFFILIATES OR PARENTS, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY LOSS WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, CONTENT, OR UNAUTHORIZED USE. In no event shall SERV OTHERS’s liability, either jointly or severally, exceed $1.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
d. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
e. SERV OTHERS may permanently or temporarily take down this website or any content in its sole discretion. Please be aware that this website or any content may be unavailable during scheduled downtime for maintenance or during downtime required by law.
9. Intellectual Property
a. Copyright. The SERV OTHERS service, including all content provided on the SERV OTHERS service, is protected by copyright, trade secret or other intellectual property laws and treaties. Content may be owned by SERV OTHERS or licensed from third parties. If SERV OTHERS loses its right to provide you with content that you purchase or rent, then SERV OTHERS will use its best efforts to notify you.
b. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the SERV OTHERS service, please notify us by contacting us at [email protected] with a complete description of infringement and screenshots were applicable..
10. Governing Law
a. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions.
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
11. Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, content distribution platforms or other software utilities) ("Third Party Application(s)") that interact with the SERV OTHERS service. These Third Party Applications may import data related to your SERV OTHERS account and activity and otherwise gather data from you. These Third Party Applications are provided solely as a convenience to you, and SERV OTHERS is not responsible for such Third Party Applications. If you access or view content through Third Party Applications, then your use of the Third Party Applications may be further subject to third party terms of use and privacy practices. SUCH THIRD PARTY APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY SERV OTHERS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF A THIRD PARTY APPLICATION IS AT YOUR OWN OPTION AND RISK, AND YOU AGREE TO INDEMNIFY SERV OTHERS FROM DAMAGES OR LOSSES RESULTING FROM YOUR IMPROPER USE OF THIRD PARTY APPLICATIONS.
12. Use of Information Submitted
SERV OTHERS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the SERV OTHERS service, including the SERV OTHERS website and user interfaces, worldwide and in perpetuity without any compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SERV OTHERS service. In addition, you agree not to enforce any "moral rights" in or to the Feedback, to the extent permitted by applicable law. Please note SERV OTHERS does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SERV OTHERS. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against SERV OTHERS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
13. Customer Support
To find more information about our service and its features, or if you need assistance with your account, please visit SERV OTHERS Help Center ([email protected]).
14. Jurisdiction
Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A., regarding any and all disputes relating to these Terms, your use of the SERV OTHERS services, this website or any content provided thereby.
15. Dispute Resolution
Any dispute or claim relating in any way to your use of the SERV OTHERS service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
16. Publicity
You may use our screen shots and logo for noncommercial purposes. You may ask about using static screen shots of our website for commercial purposes by contacting [email protected]
17. Survival
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.