Digiboo Kiosk Movie Service
Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU AND DIGIBOO, LLC (WITH ITS AFFILIATES, “Digiboo” OR “WE”). PLEASE READ THESE TERMS OF SERVICE AND THE DIGIBOO PRIVACY POLICY (located at www.digiboo.com/legal) (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING AND USING DIGIBOO.COM AND/OR THE DIGIBOO KIOSK MOVIE SERVICE YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. The Service and Activation
a. Service Description
The Digiboo Kiosk Movie Service (the “Service”) offers digitized versions of movies, television shows and other video content (collectively, “Digital Content”) under certain terms and conditions as set forth in this Agreement. The Service allows you to access and view Digital Content by downloading a copy of the Digital Content from the Digiboo Kiosk: (a) directly to your Media Device (described below) that, when inserted into your Playback Device (described below) will play the Digital Content; or (b) wirelessly to your Playback Device that will play the Digital Content.
b. Activation.
In order to be able to download Digital Content from the Service and to view Digital Content, you will need to download and install the Digiboo Media Player Software from www.Digiboo.com which includes the Microsoft PlayReady™ software.
2. Digital Content
a. General.
The Service allows you to: (i) rent Digital Content for viewing over a limited period of time (“Rental Digital Content”), and/or, (ii) purchase Digital Content for viewing over an indefinite period of time (“Purchased Digital Content”). Digital Content may be available on the Service as Rental Digital Content and/or Purchased Digital Content. The basis on which Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available on the Service.
b. Usage Rules.
Exhibition periods for Digital Content will vary depending on whether it is Rental Digital content or Purchased Digital Content. When you purchase or rent Digital Content, it is your responsibility to review any additional terms of use provided to you. Such additional terms of use may set forth restrictions upon your window of time to initiate viewing of content and, once initiated, the duration of time you have to complete viewing such Digital Content. If no additional terms concerning timing and duration of viewing the Content (the “Viewing Period”) are applicable to your order, then the following general terms may apply:
• For Rental Digital Content, you will typically have 30 days to initiate viewing. Once initiated, viewing must typically be completed within 48 hours or before the end of the 30th day from date of initiation, whichever occurs sooner.
• For Purchased Digital Content, you may view it for as long as you maintain the Digiboo Media Player Software on your Playback Device, but subject to any restrictions imposed on Digiboo by content providers providing Digital Content to Digiboo.
• If you have questions concerning the availability of Digital Content that you have purchased or rented, please contact Digiboo at help@digiboo.com.
c. License to Digital Content.
Subject to your payment of the applicable fees (including applicable taxes) to rent or purchase the Digital Content and your compliance with all other terms we specify for Digital Content or the Service (a “Transaction”), Digiboo grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content, we may automatically remove that Digital Content from your Playback Device after the end of its Viewing Period, and you consent to such automatic removal.
d. Risk of Loss.
We encourage you to transfer the Digital Content from your Media Device to your Playback Device as soon as possible after downloading. If you are unable to complete a download after having reviewed our online help resources, please contact Digiboo customer service. Once you rent Digital Content and we make the Digital Content available to you, you are responsible for completing the download and for all risk of loss of the Digital Content after download.
e. General Restrictions.
You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party; (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any commercial or illegal purpose
3. Media Devices and Playback Devices
a. Playback Devices.
In order to be able to download Digital Content from the Service and to view Digital Content: (i) you will need to use a personal computer, laptop, tablet, smartphone or other device that meets the system and compatibility requirements that we establish from time to time (each such device, a “Playback Device”), (ii) such Playback Device contains a copy of the Digiboo Media Player Software and is otherwise capable of interacting with the Service, and, (iii) such Playback Device is registered to your PlayReady Device Domain. Please be aware that the Digiboo Media Player Software does not currently support Mac® computer devices (unless you use windows utilities for Mac (such as VMware®, Dual Boot or Parallels®)).
b. Media Devices.
Unless the Digital Content is downloaded wirelessly to your Playback Device directly from the Kiosk, you will need a USB flash drive, SD card or solid state disk drive that meets the system and compatibility requirements that we establish from time to time (each such device, a “Media Device”).
c. Device Limits.
You may link up to five (5) Playback Devices to your Digiboo account in order to view Digital Content (each, a “Linked Playback Device”). After you have five (5) Linked Playback Devices, you shall be entitled to change Linked Playback Devices no more than twice per year.
d. Download and Play Limits
1) Rental Digital Content: For each Rental Digital Content Transaction, you may receive one (1) download of such Content to your Media Device. Such Rental Digital Content may only be played on one (1) Linked Playback Device.
2) Purchased Digital Content: For each Purchased Digital Content Transaction, you may receive up to three (3) downloads of such Content to your Media Device. Such Purchased Digital Content may be played on up to five (5) Linked Playback Devices.
We may change the requirements for Playback Devices and/or Media Devices from time to time and, in some cases, whether a device is (or remains) a Playback Device and/or Media Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Playback Devices and/or Media Devices at one time may cease to be Playback Devices and/or Media Devices in the future.
4. Software
a. General.
We may make available to you, from time to time, software for your use in connection with the Service including, but not limited to the Digiboo Media Player Software (any and all such software, individually and collectively, the “Software”).
b. Use of the Software.
You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
c. No Reverse Engineering, Decompilation, or Disassembly.
You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
d. Automatic Updates.
In order to keep your Software up-to-date, Digiboo may automatically update/upgrade the Software on your Playback Device.
e. Information Provided.
The Software may provide Digiboo with data about your Playback Device and its interaction with the Service (such as device type and unique device identifiers that allow us to link your Playback Device to your Service account). The Software may also provide Digiboo with information related to the Digital Content you download and stream and your use of that Digital Content (such as whether and when you viewed the Digital Content, which may, among other things, help us measure the Viewing Period for Rental Digital Content). Any information we receive is subject to the Digiboo.com Privacy Policy located at www.Digiboo.com/legal.
f. Export Regulations; Government End Users.
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S. Government end user, we are licensing the Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under the Terms of Use.
g. Additional Terms.
Additional terms apply to some of the third-party Software and will govern the use of such Software in the event of a conflict with this Agreement.
5. Reservation of Rights.
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, Software, and Digital Content are reserved and retained by Digiboo and its licensors, and Digiboo and its licensors do not transfer any right, title or interest in the Service, Software, or Digital Content. You do not acquire any ownership rights in the Digital Content as a result of downloading or playing Digital Content.
6. Limited to U.S.
We are currently only able to make Digiboo Kiosks available to customers located in the United States. We regret that you may not find Digiboo Kiosks if you are outside of the United States.
7. All Transactions Final.
All Transactions are final. We do not accept returns of Digital Content.
8. Payment Terms.
When you rent or purchase Digital Content, you acknowledge the following:
• You are 18 years of age or older;
• The credit or check card you are using is legally issued to you; and,
• You are responsible for and guarantee payment to Digiboo for all charges related to the transaction. Your credit or check card will be authorized for the amount displayed on the Digiboo check-out screen. Digiboo is in no way responsible for overdraft charges due to customer authorizations or any other circumstances.
9. Additional Terms
a. Termination.
If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and Digiboo may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and Digiboo shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Explicit Content.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and Digiboo shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Digiboo does not guarantee their accuracy.
c. Modification of Service.
Digiboo reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and Digiboo will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
d. Amendments.
Digiboo reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
e. Third-Party Beneficiaries.
Content providers providing Digital Content that you rent or purchase from the Service are intended third-party beneficiaries under this Agreement.
f. Indemnity.
You agree to hold Digiboo, its kiosk host locations and its employees harmless from any damage or loss to any person or property arising out of the use of any Digital Content.
g. Damages Cap.
In no event shall our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software or Service exceed the amount of fifty dollars ($50.00); and (ii) in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to purchase, rent, or view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
h. Contact Information.
For communications concerning this Agreement, please contact Customer Service at help@digiboo.com.
10. Additional Information
See additional information at http://www.digiboo.com/faq
