TERMS OF SERVICE
movienachos is a video content-based service that allows users to view streaming content through the Internet ("Service"). These Terms of Service are an integral part of movienachos and govern the use or viewing of any content, services, technology or other functionality that resides on movienachos’s website at movienachos.com, or a partner website of movienachos.
By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to this Site (as defined below) and any movienachos partner site. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.
MOVIENACHOS TERMS OF SERVICE
PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THE MOVIENACHOS WEBSITE AT MOVIENACHOS OR ANY WEBSITE POWERED BY MOVIENACHOS (the “Site” or "Sites"). The domain and site, movienachos, is controlled and operated by movienachos, (also referred to hereafter as "we", or "us"), which is owned and operated by Adknowledge EN, Inc., a Delaware corporation. Use of the Services is subject to compliance with these Terms and Conditions. We may terminate or block your access to movienachos or other Sites should you fail to comply with the Terms and Conditions or any other guidelines and rules published by us. Any such termination shall be in movienachos's sole discretion and may occur without prior notice or any notice. movienachos further reserves the right to terminate or block any user's access to movienachos or other Sites for any conduct that movienachos, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to movienachos or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. movienachos further reserves the right to terminate or block any user's access to movienachos for convenience, without prior notice or any notice.
By accessing and using this Site, located at http://movienachos.com, or any site powered by movienachos, you are hereby agreeing to be legally bound by this Agreement. This Site is restricted ONLY TO USERS OVER SIXTEEN (16) YEARS OF AGE. If for any reason you do not agree with all of the terms and conditions herein, you must immediately discontinue use of this Site. movienachos reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall immediately become effective upon the posting thereof. Please review this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
movienachos relies upon third party video content which it does not own or control. Any opinions or views expressed in such third party content reflects the views or opinions of the content providers, but does not necessarily represent the views or opinion of movienachos.
YOUR OBLIGATIONS AND RESTRICTIONS ON USE
In this Agreement "you" or “your” refers to the person who uses the Service. In consideration of your use of the Service, you hereby represent that you are of legal capacity to enter into a binding agreement and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The Service is not intended for minors. For this reason, you are not permitted to use the Service if you are under the age of 16.
In addition, you may not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Sites. In particular, you shall not:
- use any portion of the movienachos website or the Services for any unlawful purpose;
- hold yourself out as sponsored by, endorsed by, or affiliated with the movienachos site;
- attempt to gain unauthorized access to movienachos's database or other computer systems;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by movienachos in connection with the movienachos website or the Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of movienachos.
NON COMMERCIAL USE
This Site is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated and remedied as permitted by law.
TRADEMARKS AND SERVICE MARKS
movienachos, AlmostHollywood.com, and the movienachos logo are either trademarks, service marks or registered trademarks of movienachos, and the Services described or offered on this Site are either the trademarks, service marks or registered trademarks of movienachos, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without movienachos's prior written permission or the permission of the owner(s) of the respective mark.
PROPRIETARY RIGHTS AND COPYRIGHT
movienachos and its licensors have expended substantial time, effort, and funds to create movienachos and its Services. All Site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of movienachos and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign intellectual property laws.
All elements of Content on this Site are either Copyright 2013 movienachos, or are the proprietary property of movienachos's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by movienachos without the express prior written consent of movienachos. Use of movienachos and/or its licensors' Content is only permitted with their express written permission. All rights reserved.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide movienachos's copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and email address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement on its site can be reached as follows: Polarity Technologies Ltd, Attention Copyright Agent, Nora Court, 3rd floor, office 301, Limassol, Cyprus 3040.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES OF THIS SITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIENACHOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVIENACHOS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES PROVIDED HEREIN, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. MOVIENACHOS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
MOVIENACHOS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE SERVICES REFERENCED HEREIN. MOVIENACHOS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MOVIENACHOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS UNDERTAKEN AT YOUR OWN DISCRETION AND RISK . TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOVIENACHOS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MOVIENACHOS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOVIENACHOS SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL MOVIENACHOS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
INDEMNITY AND RELEASE
By using the Service you agree to indemnify movienachos and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from and against any and all claims and expenses, including attorneys' fees, arising from your use of movienachos and affiliates Sites, your use of the Services, or your submission of ideas and/or related materials to movienachos, regardless of whether such use is authorized by you. In consideration for your permitted use of movienachos and affiliated Sites, using the Services, or submitting any ideas and/or related materials to movienachos, you are agree to release movienachos and the Sites, and their parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind, (collectively, these are referred to hereafter as “Claims”), that you may have against the Sites or the Sites’ licensors, arising out of or in any way related to the Sites or the Services. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU FURTHER AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, AND WITHOUT LIMITATION, IF YOU ARE IN CALIFORNIA, YOU AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
FORUM FOR DISPUTES
You agree that any claim or cause of action you may have arising out of, or relating to, your use of movienachos or the Sites, must be filed in the Country of Cyprus. By using the Services, you consent to personal jurisdiction and venue in Cyprus and agree not to assert such venue as inconvenient.
GOVERNING LAW AND FORUM FOR DISPUTES
All differences of any nature that may arise in relation to this contract between the contracting parties, shall be referred to arbitration by a single Arbitrator in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4. The Arbitrator will be proposed by the Arbitration Service of the Cyprus Chamber of Commerce and Industry and must be approved by the contracting parties. In case of disagreement between the contracting parties on the proposed Arbitrator, the Arbitrator will be appointed in accordance with the provisions of the Arbitration Law of Cyprus, Cap 4.
No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These terms contain the entire understanding and supersede any prior understanding of the parties hereto relating to access to the Sites and use of the Services, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
TERMS OF SERVICE LAST UPDATE:
This policy was last updated on December 13, 2016.