Terms of Service

MovieDude.com Subscription Agreement

THIS MOVIEDUDE.COM SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND MOVIEDUDE ("OUR," "US," "WE" OR "MOVIEDUDE.COM"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE MOVIEDUDE.COM SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.

MovieDude.com currently provides a web site for sampling and purchasing filmed, video, animated and audio entertainment in streaming format. Consumers may purchase certain films and products offered on the site or may enroll in the MovieDude.com Subscription Program (the "Service"). The Service consists of a subscription plan whereby, for a monthly fee and subject to certain limitations as described herein, you are granted the rights to our catalog of entertainment files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to stream and view or listen to the files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process located on our web site at http://www.MovieDude.com ("MovieDude.com Site").

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service will constitute your binding acceptance of the change.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). Once you subscribe to the Service, you shall receive a user name and password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.

MovieDude.com will make reasonable efforts to keep the MovieDude.com Site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. MovieDude.com also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that MovieDude.com shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

MovieDude.com cannot guarantee quality of picture and or sound due to "buffering" and or "net congestion" your ISP network status and fluctuations in internet bandwidth.

Because the Service is designed for personal sampling and use, you are not allowed to use any automated system for the selection or downloading of files. MovieDude.com reserves the right to immediately and permanently terminate your access to the Service if MovieDude.com believes that you are violating such limitation.

Your subscription to MovieDude will continue automatically at the current monthly rate unless terminated by MovieDude.com or until you notify MovieDude.com of your decision to terminate the Service. Upon the expiration of the initial period, your subscription will automatically renew on a month to month basis at the same monthly rate, as applicable, unless you elect to terminate the Service. You must cancel the service prior to the start of each new 30 day period in order to avoid getting billed for such period.

You agree to pay or have paid all fees and charges incurred in connection with your unique ID and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Service using your ID and password without your authorization, you must contact MovieDude.com at help@MovieDude.com.

Payment must be made by a major credit card accepted by MovieDude.com (currently, VISA and MasterCard). Cash will not be accepted. The billing period ends at the end of the first month of your activation date ("Billing Date"). If, however, the Billing Date would be the 29th, 30th or 31st day of a month, the Billing Date will be the first day of the following month. If MovieDude.com does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by MovieDude.com. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT MOVIEDUDE.COM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

If MovieDude.com does not receive the full amount of your Service account balance within thirty (30) days of the Billing Date, a late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) may be added to your bill and immediately become due and payable. Unless you notify MovieDude.com of any discrepancies within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release MovieDude.com from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to MovieDude.com within sixty (60) days of its first appearance on an invoice or credit card statement.

You agree to pay MovieDude.com all reasonable attorney's fees and costs incurred by MovieDude.com to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service account.

You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.

MOVIEDUDE.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY MOVIEDUDE. If any such change is unacceptable to you, you may terminate your subscription to the Service, as provided below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

You agree that MovieDude.com, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if MovieDude.com believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. MovieDude.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that MovieDude.com may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that MovieDude.com shall not be liable to you or any third-party for any termination of your access to the Service. You may terminate this Agreement and your subscription to the Service at any time.

Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.

Only you may access the Service using your user name and password, unless otherwise agreed to in writing by MovieDude.com. The content available through the Service is the property of MovieDude.com or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of MovieDude.com. You agree to indemnify and hold harmless MovieDude.com for your failure to comply with this Section.

You acknowledge that MovieDude.com retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and MovieDude.com reserves all rights not expressly granted hereunder. You shall promptly notify MovieDude.com in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or MovieDude.com's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE MOVIEDUDE.COM SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE MOVIEDUDE.COM SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. MovieDude.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.