1. Service
The Site and the Service, including all features, instant streaming, our website and user interfaces, as well as all associated content and software (the "service" or "service") are provided according to the terms and conditions set out in this document, called Terms and Conditions ("Terms"), as well as other agreements and documents referenced herein, including future modifications to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, whether as a Member User, recipient of an email from a registered user, or user ("you" or "your"), you accept the Agreement. You acknowledge that the Agreement is a binding contract between you and ENLAR INC whose registered office is located at 994 Dell Ave SE Smyrna, GA 30080 United States (ENLAR INC, "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 ENLAR INC has agreed to provide you with the Service. ENLAR INC may modify or amend the Agreement at any time, without notice. Modifications take effect immediately after the modified terms are posted on the Site, or if ENLAR INC notifies you otherwise of these modifications. If you continue to use the Site and/or the Service after ENLAR INC has posted or provided such notice of modifications, you have accepted the Agreement as modified. If you do not accept and comply with the Agreement as modified, you must not use the Site or the Service.
We may refuse any request to use the Services for any reason whatsoever.
3. License & Content
License
Media Direct Online is happy to grant you a limited, non-exclusive license to use the Services of Media Direct Online, including access to and viewing of the Content on a download-only basis through the site, for personal, non-commercial purposes, as set out in these Terms. We reserve the right, at our sole and absolute discretion, to make changes without notice to how we operate our service. Any description of how our service works should not be considered a representation or obligation as to how the service will always work 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 access and view the Content only for personal and non-commercial purposes, in accordance with these Terms. You may not, directly or through the use of any device, software, website, web-based service, or other means, remove, alter, circumvent, avoid, interfere with, or otherwise evade 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 any device, software, website, web-based service, or other means, copy, download, stream-capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit, or retransmit the Content, except with the express written permission of Media Direct Online. You may not incorporate the Content into, or broadcast or retransmit the Content through, any hardware or software application, or make it available through frames or online links, except with the express written permission of Media Direct Online. In addition, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content without permission from Media Direct Online. You may not engage in any 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. In addition, you are strictly prohibited from creating derivative works or materials otherwise derived from or based on the Content in any way, including edits, mash-ups and similar videos, desktop wallpapers, desktop themes, greeting cards, and merchandise, except with the express written permission of Media Direct Online. This prohibition applies even if you intend to distribute the derivative materials free of charge.
Availability
The availability of Content will change from time to time and from country to country. The display quality of streamed movies and TV series may vary from computer to computer and device to device, and may be affected by various factors, such as your location, the available bandwidth and/or the speed of your internet connection. Media Direct Online makes no representation or warranty as to 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 license for that movie or TV series. The content available to watch will vary by geographic area. Media Direct 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: internet connection, web browser, JavaScript, Shockwave, Flash.
During the term, and for Member Users, the Service includes (a) reasonable assistance in using the Service and reasonable diagnosis and attempts to resolve problems related to the use or provision of the Service, and (b) updates and revisions to the Site and Services that Media Direct Online chooses to provide to Member Users generally (collectively, "Support Services"). Support Services are provided only during normal business hours and exclude Media Direct Online's weekends and holidays. Media Direct 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 Direct Online has no obligation to provide any other assistance, support, maintenance or other services, nor to perform any assistance by any other method, for example at your location. If Media Direct Online, at its sole discretion, agrees to provide additional services, such additional services will be governed by these Terms and Conditions.
5. Fees and payment
This is a monthly subscription to the Service billed at €39.99. Your monthly subscription begins the moment you subscribe to the service with the selected membership option. The Services will automatically renew on a monthly basis and you, as a user, authorize a monthly debit/charge on your credit card. There is no minimum contract term and you may cancel at any time.
ENLAR INC, to the extent permitted by law, is not responsible 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 provided for in their terms and conditions.
If Payment has not been accepted for reasons attributable to ENLAR INC, please contact us via email:
[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 costs you incur to access the Internet.
6. Cancellation
Duration
The user has the right to cancel the subscription at any time from the moment registration has taken place. If the user chooses to cancel the subscription, the account will be canceled without additional charges. If the user chooses to cancel the subscription after regular billing has begun, the subscription will be canceled immediately and the account will expire at the end of the already-paid period.
To cancel your account, you can access your account settings and choose to cancel the account. You can also call or email us at:
[email protected].
Termination of service
Unless otherwise provided below, you agree that Media Direct Online may modify, suspend, interrupt, 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 Direct Online may terminate or suspend your access to the Service for non-use; for non-payment of account fees within the time designated by Media Direct Online; for registering more than one account; for using multiple accounts; for maintenance of the Site or performance of Support Services; for non-compliance with rules published on the Site or in these Terms; for actions contrary to these Terms; or for any other reason determined by Media Direct Online. Unless you have breached the terms and conditions of the Agreement, if you are a Paying User, a substantial 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 Service period. Notwithstanding the foregoing, Media Direct Online may make a substantial 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 Service period through the end of that period. Continued use of the Service by a Paying User after any substantial change or suspension constitutes the Paying User's agreement to waive any refund claim.
Other remedies
In addition to or as an alternative to termination, cancellation, or interruption of the Site and/or the Service, Media Direct Online may take any action it deems necessary or appropriate, at its sole discretion, in the event of a breach of the Agreement by you. 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 Direct 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 time indicated above, and you will no longer have access to your account or to any files or other content it contains, although residual copies may be retained in Media Direct Online's system. Media Direct Online may retain these files or other content at its discretion.
Any suspension, termination, or cancellation will not affect your obligations to Media Direct Online under these Terms of Use (including, without limitation, ownership rights and property, 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 due to you (less 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 on which we receive the Goods from you, or (iii) we receive proof that the Goods have been returned (such as a proof of postage receipt). We will make the refund using the same means of payment as 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, 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 proprietary rights.
uses technologies or other means to access, index, frame, or link to the Services (including the Content) that are not authorized by Media Direct Online (in particular by removing, disabling, circumventing, or evading any content protection or access control mechanism intended to prevent unauthorized downloading, stream-capturing, linking, framing, reproduction, access, or distribution of the Services)
involves accessing the Services (including the Content) through automated means, in particular "robots," "spiders," or "offline readers" (other than through searches conducted 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 primarily host, promote, or link to infringing or unauthorized content)
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any software, computer hardware, or telecommunications equipment
damages, disables, overloads, alters, or gains unauthorized access to the Services, including Media Direct Online's servers, computer network, or user accounts
removes, alters, disables, blocks, obscures, or otherwise modifies 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 Direct Online
collects personally identifiable information in violation of Media Direct Online's Privacy Policy
encourages behavior that would constitute a criminal offense or give rise to civil liability
violates these Terms or any guideline or policy published by Media Direct Online
interferes with the use and enjoyment of the Services by any other party
attempts to do any of the foregoing
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 technology or security, encryption, or rights-management software that is part of any Content or the means by which we deliver the Content to you
9. Suspension/Interruption
We hope we don't 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 accessed), with respect to all or part of the users, at any time and without notice. You acknowledge that Media Direct Online may do so at its sole discretion. You also agree that Media Direct Online will not be liable to you for any modification, suspension, or interruption of the Services, although Media Direct Online may, at its sole discretion, grant you a credit, refund, discount, or other form of compensation (for example, we may credit additional service days to your account). However, if Media Direct Online terminates your account or suspends or interrupts your access to the Services due to your violation of these Terms, you will not be eligible for such credit, refund, discount, or other compensation.
10. Copyright
All Content belongs to Media Direct Online (or to our affiliates and/or third-party licensors, as applicable), unless otherwise indicated. The materials may only be used within the framework provided by these Terms, and any other relevant term and condition provided to you without our prior written authorization.
You acknowledge and agree that certain 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 Direct Online. All other trademarks, logos, images, product, and company names displayed or mentioned on the Website or any Device are the property of their respective owners. Nothing grants you a license or right to use, modify, or remove these elements.
12. Force majeure
Media Direct Online will not be liable to you for any failure or delay in performing its obligations under this Agreement 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, labor conditions, earthquakes, material shortages, internet failure, or extraordinary connectivity problems experienced by major telecommunications providers unrelated to Media Direct Online's infrastructure or internet connectivity, or the failure of a Media Direct Online co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Media Direct 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 Direct 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 Direct 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, workmanlike effort, title, and non-infringement. Media Direct 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 material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the 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 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 concerning these Website Terms of Use before the US courts. If you reside in a part of the United States or in any other Member State of the European Union, you may bring legal proceedings concerning 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 such mandatory provisions of local law.