Last Updated: November 1, 2018
INTRODUCTION AND ACCEPTANCE OF TERMS
1. DESCRIPTION OF SERVICE
(a) ODC provides an online video service comprised of television shows, video clips, text, graphics, logos, photographs, audio works, video works, artwork, and other content (collectively, “ODC Content”) available on the www.ondemandchina.com website and corresponding web pages (collectively, the “Sites”) and OnDemandChina mobile and television applications (collectively, the “Apps”). Our video service, including the ODC Content and the ODC video player (the “ODC Video Player”), and any other features, applications, materials or other services offered from time to time by ODC in connection with its business on any of the Sites or Apps are referred to collectively as the “ODC Services.”
2. ACCESS AND USE OF THE ONDEMANDCHINA SERVICES
(c) The ODC Content:
(1) You may view the ODC Content only for your own personal, non-commercial use;
(2) You must not alter or remove any copyright and any other markings, titles, legends or proprietary notices in existence on the ODC Content;
(5) ODC is not a producer (primary or secondary) of any sexually explicit photo and video content available on the ODC Services. With respect to such content, ODC believes that all visual depictions of such content do not include any person under the age of 18 years of age when such depiction was created. All records, if required, as per 18 USC 2257, for any and all content found on the ODC Services, should be sought from the producer of the specific content.
(d) The ODC Video Player:
(1) You must not modify, enhance, or otherwise alter in any way any portion of the ODC Video Player or its underlying technology. This restriction includes disabling any encryption technology or firewalls, or otherwise modifying the ODC Video Player in a manner that enables users to view the ODC Content without using the ODC Video Player.
(2) Where ODC has incorporated an embed option in connection with ODC Content on the ODC Services, you may embed videos using the ODC Video Player, provided that you do not embed the ODC Video Player on any website or other location that contains content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise offensive. You may not embed the ODC Video Player into any hardware or software application. ODC reserves the right to prevent embedding to any website or other location that ODC finds inappropriate or objectionable (as determined by ODC in its sole discretion).
(e) Restrictions :
(1) You agree not to directly or indirectly use the ODC Services in any manner that:
(i) violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or contract;
(ii) uses technology or other means to access the ODC Services that is not authorized by ODC (including disabling or circumventing any mechanisms for preventing the unauthorized, access, use, reproduction or distribution of the ODC Services);
(iii) accesses the ODC Services through any automated system, including “robots,” “spiders,” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the ODC Services);
(iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(v) attempts to damage, disable, overburden, impair, or gain unauthorized access to the ODC servers, computer network, or user accounts;
(vii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(viii) harvests information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
(ix) involves the use of data mining, robots or similar data gathering and extraction tools;
(x) interferes with any other party’s use and enjoyment of the ODC Services.
(g) Suspension/Discontinuation: ODC reserve the right in our sole and absolute discretion to change, suspend or discontinue - temporarily or permanently - some or all of the ODC Services, at any time without notice. ODC will not be liable to you for any such modification, suspension or discontinuance of the ODC Services.
3. PAYMENTS, PREMIUM MEMBERSHIP, RENTAL CONTENT, BILLING, AND REFUND POLICY
(a) You may view certain ODC Content on the ODC Services for free. ODC also offers a premium membership, [which allows subscribers to avoid seeing ads while watching such ODC Content, in exchange for payment of a periodic subscription fee] (“Premium Membership”). Certain ODC Content is made available on a transactional rental basis, where a user may view specific ODC Content over a limited period of time in exchange for payment of a one-time fee (“Rental Content”) . In all cases, you are responsible for any costs you incur to access the internet and send or receive data.
(b) Premium Memberships are billed in advance of each membership period. There may be additional charges due to variations in state and local sales tax rates throughout different jurisdictions and purchased made through iTunes and Google Play, etc. Some jurisdictions charge sales tax, some do not. If you do not change or cancel before the end of your premium membership period, it will automatically renew for the same duration and price. ODC may modify, terminate, or otherwise amend all Premium Membership plans upon thirty (30) days’ notice to you. Such notice may be provided at any time by posting the changes to ODC or via email.
(c) Your ODC membership is solely for your personal enjoyment and not to be shared with anyone else. ODC will not allow simultaneous login of the same account from more than one browser or device.
(e) ODC will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the ODC Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
(f) ODC reserves the right to terminate your account and/or use of the ODC Services for account sharing, resale, abuse, violations, or any other or no reason.
(g) If you have any questions about billing, please contact us at: ODK Media, Inc. 221 N. Harbor Blvd. Suite E., Fullerton, CA 92832 (714) 525-5520.
4. ACCOUNTS AND REGISTRATION
(a) ODC may from time to time offer various features that require registration or the creation of an account with the ODC Services. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
(b) All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of the ODC Services. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at [email protected] (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case ODC needs to contact you.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. THIRD PARTY PLATFORMS, SERVICES AND ADVERTISING
(b) Advertisements: ODC is not responsible for advertisements or any third party material posted on the ODC Services, nor is it responsible for the products or services provided by such advertisers.
ODC, the ODC logo, www.ondemandchina.com, and other ODC marks, graphics, logos, scripts, and sounds are trademarks and property of ODC. None of the ODC trademarks may be copied, downloaded or otherwise exploited without ODC’s prior written consent.
8. UNSOLICITED SUBMISSIONS
ODC does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. ODC’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any ODC creative work, including a film, series, story, title, or concept, would be purely coincidental., series, story, title, or concept, would be purely coincidental.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any ODC Content infringes your copyright, you should notify ODC in accordance with the procedure set forth below. A notification of claimed copyright infringement should be emailed to ODC’s Copyright Agent at [[email protected]] (subject line: “DMCA Takedown Request”), or mailed to ODC at [INSERT PHYSICAL MAILING ADDRESS], Attention: DMCA Copyright Agent. The notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the ODC Services that is reasonably sufficient to enable ODC to identify and locate the material; (d) how ODC can contact you, such as your address, telephone number, and email address; (e) a written 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; and (f) 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. Emails sent to [[email protected]] for purposes other than communication about copyright infringement may not be answered. ODC has a policy of terminating infringers in appropriate circumstances.
If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to ODC for use on the ODC Services, you may send a counter-notice containing the following information to our designated agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
• Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our designated agent, ODC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ODC’s sole discretion.
11. CUSTOMER SUPPORT.
For assistance with technical issues or customer support inquiries, please send an email to [email protected]
12. GOVERNING LAW.
13. DISPUTES/ARBITRATION; CLASS ACTION WAIVER.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the ODC Services shall not be subject to arbitration.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
If you can demonstrate that arbitration in California would create an undue burden to you, you may initiate the arbitration in the state in which you reside. Otherwise, the arbitration hearings will be held in Lose Angeles County, California.
If you initiate the arbitration, ODC will reimburse you for your filing fee, unless your claim is for more than $10,000 or the arbitrator determines your claims are frivolous, in which event you are responsible for paying the filing fee.
You may choose to pursue your claim in small claims court where jurisdiction and venue over ODC and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, ODC and you agree to waive, to the fullest extent allowed by law, any trial by jury.
YOU AND ODC AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE ODC SERVICES, SHALL BE CONDUCTED IN EACH OF YOUR AND ODC’S INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND ODC EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
14. GENERAL INFORMATION
(a) International Use: The content that we make available on the ODC Services is limited by the rights that our content licensors grant to us. Using technologies to access the ODC Content from territories where ODC does not have rights is prohibited.
(b) Feedback: Any feedback that you provide to ODC relating to your use of the ODC Services, including suggestions, or identification of potential errors, improvements or modifications (collectively, “Feedback”) will be considered ODC’s intellectual property and owned solely by ODC.
(c) Export Controls: Software and the transmission of applicable technical data, if any, in connection with the ODC Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
(g) Content Ratings: ODC gathers maturity ratings based on country and region. The ratings are set by a standards organization that determines whether or not the material is appropriate for children. If a TV show, movie, or other piece of content has not been rated by a known standards organization, ODC will use its reasonable judgment to determine whether or not the material is appropriate, and assign a “G”, “PG”, “PG-13”, “R”, or “NR” rating.
G General Audiences, OK for Children
PG Appropriate for Older Children, and Teens
PG-13 The content may be inappropriate for children under 13
R Restricted - under 17 requires accompanying parent or adult guardian
NR Unrated or Not Rated - The content has not been officially reviewed by ODC or a standards organization.